While Title IX is frequently invoked on campuses in the context of student-to-student infractions, faculty, and other instructional and extra-curricular program leaders, particularly in athletics, are far from immune to the impacts of the statute on campus life. In fact, faculty and other academic professionals are at risk in multiple ways.
“No one will protect your rights and your future better than we will.”
You may be brought up on Title IX charges for something you’ve said, taught, done, or are perceived to have done. You could be cited for failing to report a confidential communication, or you could be targeted by a student who’s looking for retribution over a grade or unrelated disagreement.
And while students are required to be given due process in a Title IX hearing, faculty hearings may be processed by a dean’s office.
When Should I Hire a Lawyer?
The bottom line is that there are many scenarios that may lead faculty to face disciplinary action or even termination under Title IX. If you’ve been asked to join a meeting related to such a situation, or feel like you’re in a hostile environment, you should contact an attorney quickly to protect your rights.
Legal representation will ensure:
- Plot a course and navigate any procedures with you
- Ensure you are given due process and fundamental fairness
- Preserve the record for a Title IX suit against your college or university if there is an adverse result
We’re here to protect your rights and your future.
Call us at 212-736-4500 or contact us below for a consultation.
Motion to Dismiss—Denied
When a Berklee College student alleged her professor sexually harassed her, he was suspended and permanently banned from using school facilities for anything not related to teaching. Despite his assertions of innocence, when he returned to campus he was met by a hostile environment: signs posted around campus, a Boston Globe article publicizing the allegations against him, and students challenging him in class. When he defended himself in class, Farzinpour was terminated.
Nesenoff & Miltenberg attorney Tara J. Davis represented the plaintiff and filed a Title IX lawsuit on his behalf. Though Berklee moved to dismiss the discrimination claim, the federal circuits held that a private right of action for employees exists under Title IX and Berklee’s motion to dismiss was denied.
– As covered in Massachusetts Lawyer’s Weekly
What We Do for You
We are committed to advocating for accused faculty and students’ rights: due process under the law is a right, not a privilege. We believe that the serious nature of the accusations and the life-altering—and potentially career-
ending—adverse consequences of being found responsible make this a critically important fight.
We have represented faculty across the country, and we will help you. Call us at 212-736-4500 or contact us by email today and you can expect to hear from Andrew Miltenberg within two hours.
Your next steps:
- DO call for a free consultation.
- DO NOT speak with anyone about your case.
- DO take time to learn the faculty handbook and tenure rules.
- DO NOT go on social media to discuss your case.
- DO consider the psychological impact and take appropriate steps to ensure you remain calm.