Title IX of the Education Amendment Act 1972 aims to prevent cases of sexual misconduct and discrimination against students in educational institutions and provide speedy justice to the victims. Read Title IX FAQ here.
Under this law, The school must take the victim’s complaint seriously and thoroughly investigate the case. The school is responsible for protecting the students and safeguarding their rights. Despite that, there are several cases where the institution mistreats the victims for making the complaint. This is known as retaliation. Retaliation can have the following consequences:
Criminal charges against the school
Acts of retaliation by the school team, such as failing the student, giving bad grades on purpose, discriminating against them from participation in scholastic activities, or threatening them to take their complaint back, are considered illegal by law. The victim has the right to press criminal charges. Retaliation can include abuse, harassment, or subtle mistreatment by school officials. It can involve unfair acts like being forced to withdraw from scholarships and competitions.
The school must be entirely fair in the investigation procedure and avoid retaliation toward the victim or bias towards the accused. Title IX protects anyone who asserts their legal rights and seeks to compensate the victim. Using unfair means of intimidation and retaliation against the victim is unlawful and highly condemned. The student should not be intimidated or coerced into taking back the complaint.
Additional disciplinary charge
The accused student is also advised not to do anything that involves the use of force or threat against the victim after they have complained. Even without force, trying to converse with the accuser is not suitable. It is better to avoid any contact with the victim as a violation of the no-contact rule also comes as retaliation under Title IX. It is risky and can lead to an additional disciplinary charge for retaliation and a potential sanction as well.
Retaliation can severely damage an individual. Cases of cyberbullying victims by defaming them online and spreading false rumors are rampant. This is mentally torturous for the victim and can cause emotional distress. If you are facing retaliation by school officials or your harasser, getting a legal attorney can help a lot. They are committed to providing justice as well as giving solutions to any retaliation that might arise during the procedure. They assess the case and provide legal guidance regarding the rights you can exercise under these circumstances.