Episode Description: Welcome to Legally Blind Justice, the podcast where we dive deep into legal issues impacting education. In this episode, we explore the evolving landscape of Title IX with Keith Altman, founder of K. Altman Law and a seasoned litigator in education law. Join us as Keith discusses the foundations of Title IX, the challenges schools face in compliance, and the critical legal safeguards for those involved in these cases. Whether you're a student, educator, or legal professional, this episode provides valuable insights into navigating Title IX matters. Stay tuned for an engaging Q&A session where Keith addresses complex scenarios and shares his expertise on defending educational rights.
Transcript Summary:
Summary of the Podcast from a podcast/webinar featuring Keith Altman, a legal expert specializing in education law, particularly Title IX issues. Key topics covered include:
- Title IX Overview:
- Title IX, established in 1972, prohibits gender-based discrimination and sexual harassment in educational institutions receiving federal funding.
- It protects against both institutional discrimination and sexual harassment/assault between individuals in schools.
- Upcoming regulatory changes in 2024 were revoked by the Biden administration, preventing significant erosion of procedural safeguards for the accused.
- Gender identity issues in athletics and their impact on female participation and scholarships were discussed critically.
- Title IX requires schools to have policies to handle discrimination and harassment. Schools must investigate allegations and offer fair procedures, including hearings and appeals.
- K-12 and higher education differ in their procedural requirements, with K-12 typically avoiding live hearings.
- Investigations must be impartial, thorough, and conducted by trained personnel.
- Key legal standards include "severe, pervasive, and objectively offensive" for harassment and clear consent in cases involving physical contact.
- The burden of proof in Title IX is typically a "preponderance of evidence," lower than the "beyond a reasonable doubt" standard in criminal cases.
- Violations can lead to federal lawsuits with potential damages.
- Procedural missteps by schools in handling Title IX cases can result in lawsuits for violations of respondents' rights.
- Challenges include dealing with incidents involving minors, disabilities, and overlapping criminal proceedings.
- Faculty and staff are subject to different rules, including prohibitions on informal resolutions.
- Keith Altman emphasized the importance of legal representation in Title IX cases, given the significant consequences for respondents.
- He highlighted systemic issues, including untrained personnel and unequal protections, and provided practical strategies for defending cases.
The session concluded with questions on how Title IX applies in workplace-like scenarios and the anticipated impact of administrative changes. The podcast encouraged individuals facing Title IX issues to seek professional legal support.
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