Title IX Lawyers in Birmingham, Alabama [2024 Update]

Birmingham, AL – Title IX Lawyers

Title IX is a federal law designed to protect faculty, staff, student-athletes, and students from sexual-based discrimination at educational campuses across the country. Nearly every public and private educational institution that receives federal funding is required to comply with Title IX. 

A Title IX violation can be devastating and may impact nearly every aspect of a person’s life. It is important to seek legal counsel whether you are facing a Title IX allegation or seeking justice under the law.

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Title IX Regulations and Amendments – 2024 Updates

January 2024: The new release date of March 2024 for the final changes is expected to be further delayed due to the Department’s failure to clear obstacles that would allow them to make the revisions.

November 2023: The deadline for the release of the final changes to Title IX regulations is again pushed after the Orange County Department of Education receives hundreds of thousands of comments.

May 2023: The date of the final upcoming changes to Title IX regulations is set for October 2023.

What is Title IX in Birmingham, AL?

Title IX is a federal civil rights law that is designed to prevent sex-based discrimination in educational institutions receiving federal funding. The scope of Title IX is expected to expand within the coming year as the Biden-Harris Administration puts forth final changes to the regulations.

Title IX of the Education Amendments of 1972

Title IX is part of the Education Amendments Act of 1972. It is a federal law designed to prohibit sex-based discrimination at educational institutes receiving federal funding. Title IX applies to both public and private institutions, including colleges and universities throughout the United States.

What Would Be a Violation of Title IX in Birmingham, AL Schools?

Title IX violations in Birmingham schools may include a wide range of infractions. If you are accused of violating Title IX, it is imperative that you speak with an attorney as soon as possible.

Title IX violations in Birmingham, AL schools:

• Gender discrimination: One of the most common Title IX violations is discrimination or harassment based on gender, such as unfair treatment, sexism, sex stereotyping, and disproportionate athletic programs.
  
• Sexual harassment: Sexual harassment may include unwanted sexual behavior, advances, or offensive sexual conduct. 
• Sex violence: Sexual abuse, assault, battery, coercion, non-consensual sexual contact, or sexual acts against a person’s will are all examples of sex violence. 
• Retaliation: Schools are prohibited from retaliating against a person for filing a complaint related to a Title IX violation. Retaliation may include any negative reactions or employment actions taken by the institution after a complaint is filed.
• Hostile environment: Educational institutions receiving federal funding are prohibited from creating a hostile environment, which is often characterized by discriminatory or sexual conduct that creates an adverse, intimidating, or offensive environment.

If you are facing Title IX allegations in Birmingh, AL, it is strongly recommended that you consult with an attorney. An attorney can walk you through the process and ensure you receive the best possible outcome in your case. 

Title IX Violation Examples:

Title IX violations in Birmingham, AL may be obvious or more subversive. Educational institutions and programs subject to Title IX must investigate all alleged violations.

Common Title IX violations:

• A coach making sexist or derogatory remarks about a team or player.
• A professor making sexually suggestive jokes or inappropriately touching a student.
• A student who engages in sexual intercourse with another student who is incapacitated because of drugs or alcohol.
• An employee receiving a demotion in retaliation for filing a Title IX complaint. 
• A student stalking or sending obscene messages to another student.

If you are facing allegations of a Title IX violation, it could impact nearly every aspect of your life. If you are a student, you could face expulsion from your school. As an educator, you could face a demotion or removal from your position.

What Does Title IX Not Protect Against in Birmingham, AL?

While Title IX is far-reaching, it does not protect against all sex-based discrimination. For instance, elementary and secondary schools with single-sex admissions policies are explicitly excluded from Title IX protections prohibiting sex-based discrimination. In addition, private undergraduate schools that only accept one gender do not fall under these Title IX protections. 

Certain membership policies are also exempt from Title IX discrimination prohibitions, including some university-based fraternities and sororities, the YMCA, and the Boy Scouts of America. However, the vast majority of public and private schools receiving federal funding are subject to Title IX protections.

Most Common Title IX Cases in Birmingham, AL

There have been several well-documented Title IX cases in Birmingham, AL, ranging from a coach being retaliated against for bringing awareness about sex-based discrimination to sexual assault on campus.

Common Title IX cases in Birmingham, AL:

• A coach was removed from duties after complaining about the lack of equal funding for female basketball teams.
• Student denied placement in a school program based on sexual orientation.
• Boys and girls being separated and treated differently at a public middle school. 
• Sexual harassment by a student to another student.
• Non-consensual intercourse with a student by another student. 

These are only a few of the most common Title IX cases affecting students, staff, and faculty members at schools in Birmingham, AL. Other examples include when a fraternity member sexually assaults another student at a party, particularly when the student is under the influence of alcohol and unable to consent.

What To Do if Accused of a Title IX Violation

If you are accused of a Title IX violation, you must speak with an attorney. It is important to exercise your rights throughout the proceedings, including your right to legal representation. 

If you are accused of a Title IX violation in Birmingham, AL, you need to:

• Respond to the accusations. It is imperative to remember not to panic. Your educational institution is required to investigate all allegations. This is only the start of the process; it does not mean that there will be a negative outcome.
  
• Understand the procedure. If you are being investigated for a Title IX violation, it is essential that you understand the procedures. You should familiarize yourself with your institution’s processes including how they handle the complaint, investigation, and decision. 
• Consult with an attorney. As early in the process as possible, you need to consult with an attorney experienced in handling Title IX defense in Birmingham, AL.
• Prepare your statement. In most cases, you will need to prepare a statement to address the accusations. It is strongly recommended that you have an attorney review the statement before it is filed. 
• Collect evidence. During the early stages of the case, you will want to gather evidence to support your case. Evidence may include text messages, emails, photographs, witness accounts, etc.
• Attend meetings or hearings. It is important to be present at all required meetings or hearings regarding your case. An absence from a required meeting can negatively impact your case.
• Post-decision appeal. If you receive an unfavorable decision, you generally have the right to appeal. A lawyer can help you exercise this right.

Throughout the process, you should remain respectful to all involved parties including those that are conducting the investigation. Your educational institution may also have the option to go through mediation in lieu of a formal hearing. An attorney can help you decide the best course of action in your case.

Title IX Investigation – Timeline and Process

Title IX investigations can take several months to complete. Administrators must evaluate all complaints objectively without bias against either party. Colleges and universities are required to employ Title IX coordinators to oversee the process. 

You must be notified if a Title IX complaint is filed against you and there is an investigation. Any involved parties should have access to evidence being presented in the case. They should also have the right to an advisor throughout the process, who may be an attorney. 

Each institution handles Title IX investigations differently. Working with an attorney can help ensure your rights are protected and that all processes are followed correctly. If a negative outcome is rendered in the case, an attorney can walk you through the appeals process.

Title IX Reporting Requirements in Birmingham, AL

Each university or college that is subject to Title IX provides information on how to report Title IX violations. Most go through the school’s Title IX coordinator and can be filed online or in person. All formal complaints must be thoroughly investigated without bias. 

Title IX reporting requirements in Birmingham:

• Most employees are mandatory reporters, meaning they must report any Title IX violations, including incidents of sexual assault, sexual violence, or sexual harassment.
  
• Colleges and universities must have a Title IX coordinator to oversee allegations.
• Title IX violations may also be reported to the Office of Civil Rights. 

To learn more about the reporting requirements of your educational institution, it is strongly recommended that you speak to an attorney.

How to File a Title IX Complaint in Birmingham, AL

There are several ways to file a Title IX complaint in Birmingham, AL. Foremost, you can file a complaint directly with your school. Most schools have a process in place to receive Title IX complaints, including a Title IX coordinator to oversee the allegations.

Secondly, you can file a complaint through the Office of Civil Rights. The person filing the complaint does not have to be the victim or a directly involved party. A witness or other party may file a complaint on behalf of another person. Complaints must generally be filed within 180 days of the last discrimination. 

Colleges and Universities in Birmingham, AL

• University of Alabama at Birmingham
• Birmingham-Southern College
• Samford University
• Jefferson State Community College – Shelby-Hoover Campus
• Lawson State Community College
• Strayer University
• Fortis Institute

Title IX Coordinator Contact Information:

• University of Alabama at Birmingham – Kasey Robinson
• Birmingham-Southern College – Dr. David Eberhardt
• Samford University – Lisa Overton
• Jefferson State Community College – Shelby-Hoover Campus – Amanda D. Harbison
• Lawson State Community College – Dr. Cyrus Vance
• Strayer University – Assistant Vice Provost, Student Affairs
• Fortis Institute – Suzanne Peters, Esq.

Birmingham Title IX Attorneys for Students, Student-Athletes, Faculty, and Staff

Whether you are a student, student-athlete, faculty member, or staff accused of a Title IX violation, the attorneys at King Law can help. Our legal team is well-versed in handling even the most complex cases. We have successfully represented numerous clients accused of Title IX violations, helping them retain their reputations and minimizing the impact of the case on their lives.

Contact a Birmingham, AL Title IX Lawyer

Are you facing a Title IX complaint in Birmingham, AL? Contact King Law today to schedule a free, confidential consultation. Our lawyers will help you understand your rights and will walk you through the process. We know the law and will work to ensure you receive the most favorable outcome possible in your case.

Frequently Asked Questions (FAQs)