Title IX is a federal civil rights law that prohibits sex-based discrimination at any school receiving federal funding, which includes virtually every college and university in Georgia. When a complaint is filed, the school is required to investigate through a formal grievance process. Being accused of a Title IX violation is serious: the consequences can include suspension, expulsion, or termination, and they can affect your academic record, career, and future.

If you or someone you care about has been accused of a Title IX violation at a Georgia college or university, the first thing to understand is that this is not an informal school disciplinary matter. It is a formal legal process with real consequences, and the school’s job is not to protect your interests. 

Kim Keheley Frye and the team at Frye Law Group have guided students and staff through Title IX investigations throughout Marietta and Georgia. Below we explain how Title IX works, what the process looks like in Georgia, and how an attorney can make a difference.

Protecting Students from Sex Discrimination in Higher Education

The Education Amendments of 1972 aimed to fight discrimination in higher education. Here’s the text of Title IX, the ninth section of these amendments:

No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving federal financial assistance.

Since the passage of these amendments, various courts and school administrations around the country have interpreted Title IX as a protection against sexual harassment or assault. The basis for this interpretation is that a culture of sexual harassment and not taking accusations seriously creates a discriminatory environment for women, LGBTQ students, and others who face this sort of treatment.

Any college or university that receives federal funding, including almost all major institutions in Georgia, must abide by Title IX. This means schools must provide consequences for those found responsible for sexual misconduct or risk losing federal funding. The fact that the federal government is watching ensures a certain amount of accountability for schools.

How Georgia Interprets Title IX

Georgia’s Department of Education follows the same guidelines for implementing Title IX as laid out by the U.S. Department of Education’s Office for Civil Rights (OCR). These include:

• Schools must have a designated Title IX Coordinator who oversees all complaints and investigations related to sex discrimination
• Schools must provide a grievance process for students to report incidents of sex discrimination, including sexual harassment or assault
• The OCR provides guidance to schools on how to conduct an investigation and ensure a prompt response to reports of sex discrimination
• Schools are expected to take appropriate disciplinary action against those found responsible for violating Title IX policies
• The OCR provides resources and support for schools to create and maintain a safe and inclusive environment for all students

In addition to these guidelines, Georgia also has state-specific requirements that further protect students from sex discrimination. The Georgia Department of Education’s Office of Civil Rights Compliance requires schools to have a specific policy on sexual harassment and assault and to provide education and training on preventing such behavior. Schools in Georgia must also report incidents of sex discrimination to the state’s Department of Education.

What Is the Process of Title IX?

The Title IX process itself is not directly outlined in the law, but schools that receive federal financial assistance are required to follow 34 CFR Part 106, which is the federal regulation that governs how complaints must be handled. This process typically involves several steps:

1. Reporting: A student or staff member can report a Title IX violation to the school’s Title IX Coordinator or other designated officials.
2. Initial Assessment: The school assesses the report and determines how to proceed. This might involve an informal resolution process or a formal investigation.
3. Formal Investigation: During a formal investigation, the school gathers evidence by interviewing the involved parties and witnesses. Both the complainant and the respondent are entitled to specific rights and procedures under federal regulations.
4. Hearing: At postsecondary institutions, a formal hearing is typically required where each party’s advisor, including an attorney, may conduct cross-examination.
5. Outcome and Appeals: The school issues a written determination. Both parties have the right to appeal on specific grounds.

The specifics of the Title IX process vary depending on the school’s policies and procedures. You can find more details by contacting your school’s Title IX Coordinator or visiting the U.S. Department of Education’s Title IX resource page.

Can an Attorney Help With a Title IX Case in Georgia?

Yes, having an attorney involved from the very beginning makes a significant difference in most cases. While the school is responsible for conducting its own investigation and disciplinary process, an experienced Title IX defense attorney can help the respondent understand their rights, advocate on their behalf during hearings and cross-examination, identify procedural errors, and ensure the school follows proper procedures under 34 CFR Part 106.

In some cases, an attorney may also be able to file a lawsuit against the school if the student’s rights were violated during the process, potentially resulting in compensation and changes to school policies.

For a detailed breakdown of what happens at every stage of a Title IX investigation and what you should do first if you receive a Notice of Allegations, read our guide to Title IX investigations at Georgia colleges.

Talk to a Marietta Title IX Defense Attorney

Most people who receive a Title IX Notice of Allegations have no idea what they are actually walking into. The school will not explain your rights, the investigator is not on your side, and the process moves faster than most people expect. Understanding how Title IX works in Georgia is one thing. Having someone in your corner who knows how to fight back is another.

Frye Law Group was founded by a former prosecutor who has spent decades on both sides of serious allegations. If you are facing a Title IX investigation in Marietta, Cobb County, or Paulding County, contact us today for a free case evaluation.

Frequently Asked Questions About How Title IX Works in Georgia

1. What is Title IX, and how does it apply in Georgia? 

Title IX is a federal civil rights law that prohibits sex-based discrimination at any educational institution receiving federal funding. This includes virtually every public and private college and university in Georgia. Schools that fail to comply risk losing federal funding, which is why they take Title IX complaints seriously and are required to follow specific investigation procedures under 34 CFR Part 106.

2. Who enforces Title IX in Georgia? 

Title IX is enforced federally by the U.S. Department of Education’s Office for Civil Rights (OCR). At the state level, the Georgia Department of Education’s Office of Civil Rights Compliance oversees compliance for Georgia schools. Individual schools are required to designate a Title IX Coordinator to manage complaints and investigations at the institutional level.

3. What kinds of conduct does Title IX cover? 

Title IX covers any form of sex-based discrimination in an educational setting, including sexual harassment, sexual assault, stalking, dating violence, and domestic violence. It applies to students, faculty, and staff at any institution receiving federal financial assistance.

4. What happens when a Title IX complaint is filed against me? 

You will receive a written Notice of Allegations outlining what you are accused of and your rights as a respondent. The school will then conduct a formal investigation, gather evidence, and hold a hearing at which both sides can present their case. A decision-maker issues a written determination, and both parties have the right to appeal.

5. Can a Title IX finding affect my criminal case? 

Yes. A Title IX investigation is separate from any criminal case, but the two can overlap and affect each other. Statements made during a Title IX investigation can potentially be used in a criminal proceeding, and a school’s finding does not prevent law enforcement from pursuing separate charges. Kim Keheley Frye handles both Title IX defense and criminal defense and can advise you on how the two proceedings interact.

6. Can I appeal a Title IX decision at a Georgia school? 

Yes. Both the complainant and the respondent have the right to appeal on specific grounds, including procedural irregularities that affected the outcome, new evidence that was not available at the time of the hearing, or a conflict of interest on the part of the investigator or decision-maker.

7. Do I need an attorney for a Title IX case in Georgia? 

You are not legally required to have one, but you have the right to an advisor (including an attorney) at every stage of the process. Having an experienced attorney present during the investigation and hearing can significantly affect the outcome. Contact Frye Law Group for a free and confidential consultation if you have been accused of a Title IX violation.

8. What should I do first if I receive a Title IX Notice of Allegations? 

Do not respond to the school, do not contact the complainant, and do not speak to anyone at the institution before consulting an attorney! Contact Frye Law Group immediately. The earlier we get involved, the more options we have to protect you.