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How are Title IX Penalties Determined?

Is someone you know getting in trouble for violating Title IX? Then, it is essential to find out how the penalties are determined and learn about all the different types of infractions that will result in consequences. In fact, you can consult a Title IX attorney to know about how penalties will be determined and know how the case will be forwarded.

As you may have read, Title IX is a federal law enacted to prevent discrimination on the basis of sex in any aspect of public education, including athletics. Unfortunately, this has not stopped many people from acting inappropriately towards their fellow students, which can lead to disciplinary action being taken against them. To reduce the number of Title IX violations, it is essential to ensure maximum penalties.

Here are certain factors based on which penalties for Title IX violations are determined.

  1. The severity of the incident

The severity of the incident is determined based on a list of infractions. These include:

  • Verbal aggression (a threat, calling another person a name)
  • Violence (sexual assault, physical assault)
  • Sexual harassment (groping a student, making sexually-charged comments)
  • Sex discrimination

In each case, the motives of the offense determine how seriously it will be judged by the school.

  1. The kind of penalties that have been imposed for similar incidents

Even if the severity of an incident is not high, it does not mean that there are no repercussions for the student. The authorities take into consideration all previous charges that have been imposed for similar incidents to determine the penalties.

  1. Any other violations on your disciplinary record

This is an obvious factor and will lead to the maximum penalty imposed. If you have committed a number of violations before, then the sanction for any individual infraction will be higher than if this is your first incident. The penalties can be minimized if you have a clean disciplinary record, with no violations recorded before.

  1. Any additional misconduct during the Title IX investigative process

If you have admitted to any misconduct during the investigation, then this will also be considered. The common examples of such misconduct during the investigation include intimidating witnesses and tampering with evidence. Therefore, it is essential to ensure that you exhibit a good code of conduct during the whole period of investigation.

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