Title IX is a federal law, enforced by the U.S. Department of Education’s Office for Civil Rights (OCR) that protects people from discrimination based on sex in educational institutions that receive federal funding.
Title IX requires schools to make sure that students and employees aren’t discriminated against based on sex in educational programs or activities. This applies to any school that receives federal funding—most public schools fall under this category. Title IX ensures all students have equal opportunities to participate in school programs and activities, including sports and clubs. It also requires schools to prevent and address sexual harassment, abuse, and other forms of sex-based discrimination.
Schools must have clear procedures in place to handle complaints about sex discrimination and provide support to everyone involved. They are also required to have a designated Title IX Coordinator, whose job is to make sure the school complies with Title IX rights and responsibilities. The Title IX coordinator is responsible for ensuring proper training for staff and students, conducting investigations, and offering support to those affected, such as counseling or academic accommodations.
How Title IX Impacts Education and Equality
Title IX plays an important role in promoting equality in schools across the United States. It protects students and employees from all forms of sex-based discrimination, including sexual harassment, sexual violence, and pregnancy-related discrimination. It also covers issues of gender identity, sexual orientation, and sex stereotypes, making sure that educational environments are safe and inclusive for everyone. By holding schools accountable for preventing and addressing harassment and discrimination, Title IX promotes fairness and helps create equal opportunities for all students to thrive.
Accountability and Support
Schools are required by law to investigate when they receive complaints of sex discrimination. This includes providing a fair and transparent investigation and resolution process for these complaints. Title IX empowers students, employees, and their families to seek help if they face discrimination and protects them from retaliation when they exercise their rights. Additionally, schools must communicate their policies clearly, so everyone understands their rights under Title IX, and ensure that students’ privacy is protected during investigations.
2024 Title IX Updates
For a breakdown of the key changes in the 2024 Title IX regulations, check out Understanding the 2024 Title IX Regulations: Implications and Impact of the New Title IX Revisions by Dr. Billie-Jo Grant, Ph.D. of McGrath Training. Dr. Billie-Jo Grant is a nationally recognized expert in school employee sexual misconduct prevention, has advised the U.S. Department of Education and the Office for Civil Rights on Title IX implementation, and has helped shape federal and state laws to better protect students from sexual abuse. Lipinski Law recently worked with her on a Florida school sexual abuse case that was successfully settled, and her expertise was invaluable in guiding our approach to navigating complex Title IX issues.
- Definition of Hostile Environment: Changed from “severe, pervasive, and objectively offensive” to unwelcome sex-based conduct that based on the totality of the circumstances is subjectively and objectively offensive and is “sufficiently severe or pervasive” that it limits or denies a person’s ability to participate in or benefit from the recipient’s education program or activity.
- Expanded Jurisdiction: Institutions are responsible for addressing conduct off-campus or outside the country if it is contributing to the hostile environment.
- LGBTQ+ and Pregnancy/Parenting Protection: Expanded definition of sex discrimination under Title IX to include sexual orientation, gender identity, and protection for pregnant or parenting students and employees.
- Single-Investigator Model: Reintroduction of the single-investigator model for investigations.
- Grievance Procedures: Revised grievance procedures including steps to protect privacy, credibility assessment, and evidence standards.
- Retaliation Protection: Schools must prohibit retaliation and respond to retaliation claims promptly.
- Parental Rights: Support for parental involvement and protection of student privacy.
- Ongoing Discussions: Further considerations regarding transgender athletes’ participation in sports.
SCOTUS Rules Emotional Distress Damages Aren’t Recoverable in Spending Clause Cases
In April 2022, the U.S. Supreme Court (SCOTUS) ruled that victims cannot recover emotional distress damages in private lawsuits brought under the Spending Clause of the U.S. Constitution. This decision came in Cummings v. Premier Rehab Keller, 142 S.Ct. 1562 (2022).
The Supreme Court’s holding in Cummings will have significant impact on the future of Title IX litigation by eliminating the availability of damages due to emotional distress, which makes up the bulk of damages in such claims.
What Was the Cummings Decision, and Why Does It Matter?
The Spending Clause statutes protect individuals from discrimination in institutions that receive government funding. These protections cover race, color, national origin, sex, disability, and age. Historically, victims of discrimination could seek compensatory damages—covering both financial losses and other types of harm.
However, in Cummings v. Premier Rehab Keller, SCOTUS ruled that damages under these laws do not include emotional suffering. The Court compared these cases to contract disputes, which generally do not allow recovery for emotional distress.
Key Spending Clause laws affected by this ruling include:
- The Rehabilitation Act (protecting against disability discrimination)
- Title IX of the Education Amendments of 1972 (addressing sex-based discrimination and harassment in schools)
- Title VI of the Civil Rights Act of 1964 (prohibiting race discrimination in schools)
- The Affordable Care Act (barring discrimination in healthcare)
What Does This Mean for Sexual Abuse Survivors in Schools?
Students at federally funded schools are protected by Title IX, which allows them to file lawsuits if the school administration knew about and failed to address sexual abuse or harassment. But emotional trauma often follows sexual abuse, and this ruling means that victims can no longer seek damages for that emotional harm under Title IX.
Emotional distress can be as serious as physical injuries, especially in cases of sexual abuse. Many survivors suffer long-term emotional and psychological damage, which may be life-altering, and can last long after the physical wounds have healed. Many experience symptoms such as anxiety, depression, post-traumatic stress disorder (PTSD), and other mental health challenges that can disrupt daily life, affect relationships, and interfere with the ability to work or pursue education.
The decision in Cummings v. Premier Rehab Keller makes it harder for survivors to seek justice for their experiences. This restriction denies survivors a crucial avenue for compensation and healing, as it overlooks the serious emotional impact that often goes hand in hand with physical abuse. Many survivors may feel that their pain is minimized and that their experiences are not valued by the legal system.
Even with this limitation, it’s important to understand the legal options available to hold those responsible, such as the school system and/or the individual perpetrator, accountable. Civil courts still offer ways to fight for justice, but getting compensation for emotional distress under the Spending Clause statutes will likely be an ongoing challenge.
Holding Schools Accountable Through Civil Negligence Suits
Although Cummings restricts emotional distress damages under statutes like Title IX, survivors of sexual abuse still have other legal strategies to hold school systems accountable. One option is filing a civil negligence lawsuit. These suits argue that the school and/or its employees acted negligently by failing to protect students from harm, including sexual abuse.
Negligence claims do not rely on Spending Clause statutes like Title IX, so they are not affected by the Cummings decision. Instead, they focus on whether the school acted reasonably to prevent foreseeable harm. For example, a school could be found negligent if they:
- Ignored prior reports or complaints about a staff member or student’s inappropriate behavior
- Failed to properly supervise students or staff, creating an environment where abuse could occur
- Lacked adequate policies or training on handling allegations of sexual abuse or harassment
In these cases, a school’s failure to act can be seen as contributing to the abuse, and civil courts allow victims to seek compensation for a range of damages, including medical expenses, therapy costs, lost wages, and even emotional suffering—unlike under Title IX post-Cummings.
The ability to file a negligence claim can be a critical tool for survivors, especially when a school’s inaction played a role in allowing the abuse to happen. These suits help ensure that school districts are held accountable when they fail in their duty to protect students.
Although pursuing justice can feel overwhelming, survivors don’t have to navigate this process alone. An experienced sexual assault attorney and victim advocate, like the team at Lipinski Law, can guide you through the legal steps and help you understand your options. By sharing your story with a knowledgeable professional, you’ll have someone in your corner who can take on the complexities of the case, allowing you to focus on healing. We’ll help you sort through the legal process, gather the necessary evidence, and fight to ensure those responsible are held accountable—ultimately helping to create safer environments for future students.
Seeking Justice and Support as a Survivor of Sexual Abuse or Harassment?
If you or a loved one has been affected by sexual harassment, assault, or battery—whether on campus under Title IX or elsewhere—you don’t have to face it alone. At Lipinski Law, we are committed to providing compassionate and trauma-informed legal representation to help you navigate the complexities of your case. Our team is dedicated to ensuring your voice is heard and your rights are protected. Whether you’re dealing with a Title IX violation at school or seeking justice through civil courts, our goal is to help you achieve a fair resolution and focus on your recovery.
Don’t stand alone against the challenges of seeking justice. Contact Lipinski Law at 561-453-4800 or via lipinskilaw.com/contact for a free, confidential consultation today. Let us help you secure the justice and support you deserve.
Lipinski Law, based in Jupiter, proudly serves clients throughout Palm Beach County, including Jupiter, Tequesta, Palm Beach Gardens, North Palm Beach, and West Palm Beach. We also accept cases throughout the state of Florida.
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