Title IX/College Disciplinary Practice - Warshaw Burstein LLP | Faculty
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I was just notified of a Title IX complaint being made against me by a student. I am not sure what my rights are during the process.

Each school handles student complaints against faculty differently. Some schools have separate disciplinary policies for respondents who are faculty members versus students. In any event, your employment status entitles you to different and, sometimes, additional rights than students going through the process. Whether you are a member of a union pursuant to a collective bargaining agreement will also have an impact on your rights during the process. Tenured professors have additional rights that must be upheld during the process. An experienced college disciplinary lawyer will know how to advise you about your rights.
 

What policies or laws govern the disciplinary process for faculty?

As a faculty member, you maintain an employment relationship with your school. While allegations of sexual misconduct should be reviewed under Title IX, your employment rights should be reviewed under Title VII. You should also consult your collective bargaining agreement if you are a member of a union.  An experienced college disciplinary lawyer will know how to advise you about the laws relevant to your case.
 

If I am involved in a Title IX proceeding, how will my employment be impacted?

If you are found responsible of a Title IX violation, your employment may be terminated immediately. However, depending on your exact employment status (i.e. tenured, adjunct, etc.), you may be entitled to additional process before your employment is terminated.  An experienced college disciplinary lawyer will know how to advise you about the potential impact on your employment status.
 

How will the outcome of the process affect future employment at my current institution or beyond?

Any adverse findings will make it difficult for you to find employment at other institutions who will require references from your last educational institution. An experienced college disciplinary lawyer will know how to advise you on your future employment options and remedies.