Title IX violations are a major benefit within college campuses for criminal defense, and it's one of our main areas of focus as attorneys. The protections that Title IX offers for college students are invaluable when a criminal case arises. However, even if it does help, there are still other points of contention when other campus protections interfere, or, maybe, just maybe, they help even more. Some of these other protections include FERPA, ADA, the Clery Act, and many others. These are things that can affect you if you attend any college here in Buffalo and WNY, and we want to expand on that and educate you!

In this blog, we will explain what Title IX means for you and how it intersects with other college protections when you need criminal defense.

What Every College Campus Protection Represents

Before we explain in detail how Title IX can sometimes overlap with other federal college campus protections, we have to first explain what they are and who they affect. We have several examples below: 

Title IX

Our Buffalo Student Defense page outlines what Title IX is: It refers to Title IX of the Education Amendments Act of 1972. It is a federal law that requires all programs and activities that receive any federal funding to provide equal access to education regardless of a person's sex.

Most of the crimes that Title IX covers come from sexual crimes like harassment, assault, or general sexism. Stalking, retaliation, and gender discrimination are also included. All Buffalo and WNY colleges are required to investigate when a Title IX violation is committed, a very important detail to know if you were curious if your college or your kids' college was absent from the list. We recommend you read more into Title IX, as it's very important not just for this blog but for students to know in general.

FERPA

FERPA, or the Family Educational Rights and Privacy Act of 1974, is a federal law that protects the privacy of student education records at schools receiving U.S. Department of Education funding. The purpose of FERPA relates to access and inaccessibility of information vital to a student's education at college. It can grant parents and students who are over the age of 18 access to the education records, along with consent from the parents for no one else to access said information.

The Clery Act

This law requires universities to report on any and all campus crime data. Other than that, it requires the colleges to support victims of a crime and publicly outline policies and procedures they have put in place to improve the safety of the students on campus. It's a system that ultimately puts the college in check if a crime is committed, and if one is, transparency and open communication are NEEDED. 

The ADA

The Americans with Disabilities Act (ADA) is a law that was passed in the 90's, and it connects with Title IX in a similar way as to their protections for people who have disabilities. People with disabilities deserve the same rights as people who don't have them, and when a crime is committed, they are still protected under the law, no differently than a person without them as well.

Other than some of these several key college protection laws, there are many other common examples that share a variety of similarities to Title IX and bring us to the main point of why we write blogs like this. Education on all of these different protections adds to our ability to do a good job in criminal defense, and when you know it well as we do, then everyone can be on the same page.

How Do These Protections Connect?

Why does it matter for you to know how they connect? This multi-law angle and it is rarely covered amongst other criminal defense attorneys, and the broader legal context around Title IX offers real value for everyone involved in a criminal case.

The importance of understanding how this all connects will then lead to a better understanding of how these institutions handle reports, criminal investigations, and the disclosure of key details. Title IX and the Clery Act both address incidents like sexual assault, dating violence, domestic violence, and stalking. Here's the difference: 

Title IX focuses on prohibiting sex discrimination and requiring equitable grievance procedures, while the Clery Act focuses on public reporting of crime data. Colleges must then follow two steps: investigate and resolve the matter under Title IX, count the incident in annual crime statistics, and issue warnings under the Clery Act. 

FERPA and the ADA also intersect with Title IX in ways that affect privacy. FERPA protects the confidentiality of student education records. However, FERPA contains exceptions that allow disclosure of disciplinary outcomes that directly relate to a complainant or when required by law, and the Department of Education has made clear that complying with Title IX reporting requirements does not inherently violate FERPA. 

The ADA, as we said, requires schools to provide reasonable disability accommodations. These intersecting laws are designed to protect different rights, but they must be interpreted together to avoid confusion and ensure students are treated fairly.

Misunderstanding how FERPA, the Clery Act, and ADA operate alongside Title IX can lead to unintended consequences. That's why it's critical to consult with an experienced defense attorney like us at DuBois Law. We understand how these laws operate together and can be there for your defense. If you have questions about how these protections apply to your situation or need help navigating a campus investigation, contact us! We don't judge; we are only here to get you through this.

Title IX Criminal Defense FAQ

How do Title IX, FERPA, the Clery Act, the ADA, and other college protection laws connect?

These protections often intersect with Title IX and directly affect how colleges handle investigations, report crimes, protect student privacy, and provide accommodations. Title IX governs fair investigation procedures on sex-based misconduct, the Clery Act requires transparent crime reporting, FERPA limits and allows the disclosure of education records, and the ADA ensures equal treatment for students with disabilities.

DISCLAIMER: PAST RESULTS DO NOT GUARANTEE FUTURE RESULTS. THIS IS NOT LEGAL ADVICE. DANIEL DUBOIS AND ANY DUBOIS LAW ATTORNEYS ARE NOT YOUR ATTORNEYS UNLESS RETAINED. INFORMATION SHARED HERE IS FOR INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY. EACH CASE IS UNIQUE AND IS DECIDED BASED ON ITS OWN FACTS AND MERITS AND CANNOT BE COMPARED TO OTHER CASES WHICH MAY HAVE HAD DIFFERENT FACTS AND CIRCUMSTANCES.