Law Archives - Vermont Republic https://vermontrepublic.org/category/law/ Second Vermont Republic Wed, 16 Nov 2022 14:22:51 +0000 en-US hourly 1 https://wordpress.org/?v=6.1.1 https://vermontrepublic.org/wp-content/uploads/2019/01/cropped-LogoSample_ByTailorBrands-1-32x32.jpg Law Archives - Vermont Republic https://vermontrepublic.org/category/law/ 32 32 Answering All The Common Queries On Title IX https://vermontrepublic.org/queries-on-title-ix/ Mon, 29 Aug 2022 08:30:50 +0000 https://vermontrepublic.org/?p=6690 Title IX is a law that prohibits discrimination based on sex in any school, college, or educational program/institution receiving federal financial assistance. It protects students, teachers, and other members of the faculty from sex crimes and harassment. It was passed as part of the Education Amendments of 1972. Even though the law came into existence …

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Title IX is a law that prohibits discrimination based on sex in any school, college, or educational program/institution receiving federal financial assistance. It protects students, teachers, and other members of the faculty from sex crimes and harassment. It was passed as part of the Education Amendments of 1972.

Even though the law came into existence long ago, people still have various doubts regarding it. It is important to clarify your doubts, especially if you are involved in a Title IX case. To know more and hire an attorney, click on this link http://studentdisciplinedefense.com/

FAQ on Title IX

1. What is considered sexual harassment?

Source: aclu.org

Usually, when people think of sexual harassment, they think of rape. However, various acts could be listed as sexual harassment, such as rape, touching someone’s private parts without their consent, and sex with someone under the statutory age of consent.

A sexual act that makes one feel afraid can be labeled as sexual harassment. The intention of a person does not matter. If the act was enough to make the other party feel insecure about their safety, you might be charged with sexual harassment.

The following activities may be considered sexual harassment:

  • Pressing for sexual activity.
  • Sexual street harassment.
  • Calling someone sexual names.
  • Repeatedly calling someone out on a date.
  • Cornering, standing too close, blocking doorways.
  • Obscene languages or jokes.
  • Stalking.
  • Exposing oneself.
  • Spreading sexual rumors.
  • Embarrassing someone using sexual comments.
  • Unwanted discussion of sexual topics.
  • Exposing someone to pornographic material.
  • Unwanted sexual comments on social media.
  • Sexual gestures.
  • Non-consensual photo sharing.

2. What happens if sexual violence happens off campus?

Source: washingtonpost.com

Even if the sexual violence happens off campus, the University may still be able to interfere in the matter. However, for that to happen, the matter should have some ties with the University. If the incident happens during a University event or involves an employee or student, then the entity can certainly investigate it.

If a student reports sexual harassment to the school that has happened off-campus, the school officials simply cannot turn a blind eye because it did not happen on campus. They must look into the matter to determine whether the conduct occurred in the context of a program or involved someone from school.

3. What should I do if I have been accused of sexual misconduct?

Being accused of campus sexual misconduct can be scary. Your life can change in many ways and significantly harm your future. You may not be able to continue your studies, could be fired from your job, and have difficulty finding work in the future.

If you have been accused of sexual misconduct, you should first review the policy entirely. Hire an attorney to help you understand the things you, as an inexperienced person, may not understand. You may bring them to the meetings and hearings throughout the Title IX process.

One thing you must not do when you realize that you have been involved in a Title IX case ignores the situation. It is a huge misconception that it is only a school matter and will get resolved easily. The government seeks to protect students and teachers from on-campus discrimination. If you are accused, you will surely experience a hard time with the school.

4. What does Title IX require schools to do?

Source: dolmanlaw.com

Title IX law applies to every educational program that receives federal funding. All such schools and colleges must create an anti-discrimination policy and ensure that it reaches every student and member of the faculty.

The policy must convey that the school is committed to preventing discriminatory acts based on sex and will take strict action if such cases occur. The policy must also guide students and teachers about the procedure to make a complaint and contact their Title IX coordinator.

5. Are parents contacted in Title IX cases?

Generally, when the school receives a report of sexual harassment on campus from the victim or another person, it reaches out to the student. The school’s primary concern is the affected student, not their parents. However, in case of something severe, it is recommended that students inform their parents as soon as possible.

The school or college will automatically inform the victim’s parents if the case results in severe health or safety risk.

6. What are the differences between Title IX and legal investigations of sexual harassment cases?

Source: ceosa.org.za

There are a few differences between Title IX and criminal law investigations. Under criminal law, one tries to determine whether the individual has violated the law. If the individual is found guilty, they are sent to jail for several years, depending on the severity of the crime.

However, this is not the case with Title IX investigations. Such investigations will never end in incarceration and do not require the same legal procedures as criminal law. Additionally, a criminal law case is initiated by law enforcement authorities, while a Title IX case is initiated and resolved by the school where the incident occurs.

7. What should a responsible employee tell a victim of a Title IX case?

Source: csee-etuce.org

A responsible employee of a school, such as a teacher or another faculty member, must convey the following points to the student:

  • The student should consider their decision about sharing the incident with the employee.
  • The student has the right to decide whether they want to file a complaint with the school or pursue a legal criminal case with law enforcement.
  • The student has the right to expect their complaint to be taken seriously and that every aspect of their complaint will be investigated thoroughly.
  • The student should be told that even though the information will not be kept confidential between the employee and them, only individuals who need to know the information to resolve the case will be informed.
  • The student has the right to bring a lawyer with them or consult one.

8. Were you accused of sexual harassment or assault in your school or University?

Being accused of sexual harassment or assault can be scary. You do not know how to respond to the situation, and the only thing you may want to do is reach out to the complainant and resolve the issue privately. However, contacting the accuser will ruin things for you even more.

Instead, hire an attorney and let them handle things on your behalf. With an expert by your side, you can rest assured that your rights will be protected.

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Filing a Lawsuit: The Basics to Know So You Don’t Waste Your Time https://vermontrepublic.org/filing-lawsuit-basics/ Thu, 17 Mar 2022 08:16:04 +0000 https://vermontrepublic.org/?p=6500 Litigation is possible for any situation. There are many lawyers out there who would help you for a fee. However, this does not assure your lawsuit’s success. For example, the big question is not only how to sue a hairdresser but also whether it is worth the effort to sue one. You can avoid wasting your …

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Litigation is possible for any situation. There are many lawyers out there who would help you for a fee.

However, this does not assure your lawsuit’s success. For example, the big question is not only how to sue a hairdresser but also whether it is worth the effort to sue one.

You can avoid wasting your time and money on a lawsuit by asking yourself a few things, as suggested by the experienced lawyers from http://shireslaw.com.

Img source: istockphoto.com

Have you made a final demand?

One of the things you have to be clear about is that you notified the person you want to sue. Many people and companies are willing to avoid the trouble of a lawsuit. Discuss it with a lawyer and ask them to draft a formal letter. The lawyer is essential since they can make your letter sound official. It becomes a simple statement of fact.

This approach can convince the recipients to work with you to resolve the issue. You have a good chance of resolving everything without going to court unless the other side is stubborn or very confident about their chances. If they are resistant to your offer, then your lawsuit might be the final resort.

Do you have access to a good lawyer?

Another factor to consider is the need for an excellent lawyer to back up your case. There are several lawyers out there who will all promise to win your lawsuit. A good tip is to ignore anyone claiming a 100% chance of winning the case. For example this experienced team of lawyers – Lawyers-Mexico.org, can help you out.

That claim is nothing more than a pack of lies. There is always a chance of losing the case. Your best bet with a good lawyer is raising the chances of success, not guaranteeing a win.

Additionally, another best bet is someone who consistently wins cases. Ask questions about any successful lawsuits or do some research on them. Good litigators will have a solid history behind them. Another factor to consider is whether you can work with a lawyer. If you dislike your attorney in any way, that significantly lowers the chances of success. You need someone who you can work with on your case.

Img source: istockphoto.com

Is there a good case?

Now that you have a lawyer, it is time to sit down with them and review the facts of your case. When you file a lawsuit, you need to present a good case to the court that the other party needs to pay you damages. There are two components to this goal.

First, you have to prove that you suffered an injury, whether physically, emotionally, mentally, or monetarily. For example, accident injury lawsuits are very easy to prove when it comes to injuries. All you have to do is present the court with your medical records after the accident. You might even still be suffering from the injury.

Next, you need solid proof that the other party is responsible for your injury. Returning to the example of the accident injury lawsuit, the other party needs to be responsible for the accident. It might be the driver of the vehicle that hit you or the owner of the establishment where you had the accident. They need to be liable in some form. However, this also means that you have to prove that the injury was not your fault. Your lawyer would be able to guide you through the details to ensure you have a case.

Will you get something from the target of your lawsuit?

While you might have a good case for a lawsuit, it might still not be worth it to go ahead with the suit. It is mainly because they might not even be worth the trouble. Suing a person with no assets is an excellent example of this. You might have a good chance of winning. However, your victory is useless if the other side cannot pay.

Evaluate whether the target of your lawsuit can pay before starting the process. Multi-million dollar companies or people with large incomes are often the targets of lawsuits for this reason. People know that they can pay, either with a settlement or from the judgment. Otherwise, you might even lose money. Many lawyers charge for their services after the trial. They frequently take a part of the compensation as the fee. Without any compensation, you will have to pay them yourself.

Img source: istockphoto.com

How far will you go to get your compensation?

It is also a good idea to have a plan or target before your lawsuit starts. Without a target to aim for, your lawsuit will be aiming high with no goal. Some of these goals are not monetary.

Lawsuits sometimes require that the other party makes an official statement of their responsibility, which others can use against them in the court of law. Some people sue because they want an actual apology from those who hurt them. Have an idea about what form of compensation you want so your lawyer can plan for it properly.

Are you willing to accept a settlement?

Some lawsuits don’t end with a judgment. There are times when plaintiffs or their lawyer realizes that they are losing. If they don’t want to pay for the full compensation you outlined in your lawsuit, they might decide to settle.

While many people think that settling is giving up, it might be the best move possible. Lawsuits take time and money. Even if you have a winning case, it may still take a long time to resolve the suit. Settlements solve the issue immediately when you accept them. Furthermore, it will still be up to you to decide on accepting the settlement.

A lawsuit is a major escalation of any dispute. While it is tempting to resolve many situations with a threat of litigation, you should not be throwing around threats like that easily. Remember that going to court can be very expensive if you don’t win. Take note of the basics above to ensure that you have a good chance of winning.

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