Title IX & Sexual Misconduct
Educational institutions are required by Title IX, recent amendments to the Clery Act contained in the Violence Against Women Reauthorization Act, and recent Department of Education guidance to respond to allegations of sexual assault, misconduct, harassment, domestic violence, dating violence, and stalking on campus by conducting an investigation of the complainant’s allegations. This obligation exists even if the complainant is uncooperative or does not wish to pursue criminal charges or administrative measures. Educational institutions can suffer severe penalties for failure to properly comply with Title IX’s investigation requirements, including the withdrawal of federal student aid monies.
We audit educational institutions’ policies and procedures to determine compliance, assist our clients in revising policies and procedures when necessary, and implement training programs for administrators and staff. We also assist clients in conducting investigations, calling upon our years of experience in investigating sexual assaults to ensure a thorough, balanced, and appropriate client response. We have investigated allegations of sexual assault, hostile environments, stalking, and alleged failures in the systemic oversight by, and issues within, a particular department or school. Through this work, we often have investigated compliance with NCAA regulations, grant making and research funding.
In addition, we frequently counsel a variety of institutional clients, including medical facilities, hospitals, health care providers, religious organizations, for profit entities and non-profit entities, concerning the investigation of, and response to, allegations of sexual misconduct or possession of child pornography on institutional servers by employees.
Kevin E. Raphael — KER@Pietragallo.com