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Understanding Title IX Reverse Discrimination Claims

Title IX By Harvey Binnall PLLC - 2020/02/14 at 11:07am

Experienced Title IX Defense Attorneys

In today’s social climate, Title IX proceedings are often biased against male students who have been accused of sexual misconduct.  When this bias undermines the fairness of the Title IX proceedings and thereby has an impact on the student’s rights to equally access educational resources, then an actionable Title IX “reverse discrimination” claim (brought on the basis of gender discrimination) may arise.

If you’ve been accused of Title IX sexual misconduct and are currently being investigated on that basis (or have already “lost” the underlying Title IX case and have had penalties imposed as a result), then we encourage you to contact one of the experienced Title IX defense attorneys here at Harvey & Binnall, PLLC for assistance.  Though efforts should be made over the course of the initial Title IX proceeding to ensure fairness and equity, that may not always be possible — a “reverse discrimination” claim gives accused male students an opportunity to fight back and demand justice beyond the stuffy (and biased) confines of an internal hearings process.

What is a Title IX Reverse Discrimination Claim?

Title IX proceedings often involve significant due process issues, in large part driven by the incentive structure for schools.

Consider both the financial and social ramifications from a strategic perspective: 1) it is far more costly for a school to “settle a claim” with the complainant as opposed to the accused student, since the complainant could (due to the purported emotional and psychological impacts of sexual misconduct) assert higher damages, and 2) the social climate in the wake of the Me-Too movement paints those who believed in procedural due process as somehow arrayed against the victims of sexual violence, often women.

Given these structural incentives, schools often explicitly and implicitly incorporate bias into their Title IX proceedings.  The investigation and adjudication of the claim may be flawed, as the University may not act in accordance with requisite procedures, may not afford the accused adequate opportunity to question the victim or other witnesses who could provide supportive testimony, may reach conclusions that are contrary to the weight of the evidence, may be pressured to make a decision based on external criticism (i.e., in media), and more.

After the accused student has “lost” the initial Title IX matter, they might be able to argue that they have been subjected to gender discrimination.  Though the University is highly likely to file for a motion to dismiss, the student need only introduce sufficient evidence to prove that they have an actionable gender discrimination claim.

Contact Harvey & Binnall, PLLC for Title IX Defense Assistance

Here at Harvey & Binnall, PLLC, our team of attorneys have decades of experience working on behalf of various clients, including university students who have been accused of sexual misconduct under Title IX.

We are committed to working closely with our accused clients through every step of the Title IX process, from initial investigation to hearings and appeals.  We invest significant resources to ensure that we have the information and insight necessary to advocate effectively for the accused student.

At Harvey & Binnall, PLLC, our attorneys are ready and able to provide experienced guidance through the original Title IX processes, as well as through the subsequent “reverse discrimination” lawsuit.

Call us at 703-888-1943 or complete an online intake form to schedule a consultation with one of the skilled Title IX defense attorneys at our firm.