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#1
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How does one file a Title IX complaint on behalf of a group?As opposed to an individual? The OCR complaint form asks for "Injured Person's Name," but what if there is an across-the-board practice of discrimination on the part of a school or education system? Were the complaints of unequal sports funding filed on behalf of an individual student? Or on behalf of female athletes as a class? Also, does filing a Title IX complaint amount to filing a lawsuit? Last edited by blwpyrtv; 04-13-2009 at 11:26 PM. |
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#2
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| Even among attorneys, such things are called "complex litigation" and you can't. See a class action attorney with knowledge of civil rights issues.
__________________ When you are a Bear of Very Little Brain, and you Think of Things, you find sometimes that a Thing which seemed very Thingish inside you is quite different when it gets out into the open and has other people looking at it. --W. T. Pooh (aka A. A. Milne) |
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#3
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| Quote:
__________________ Parents should remember three things: Love your kids more than you hate your ex (or soon to be ex) & when you have children the relationship with the other parent is until death parts you & how you treat your children determines what type of nursing home you end up in. Nothing stated by me should be taken as giving you legal advice or forming an attorney/client relationship. The devil is in the details after all. Licensed to practice law in Ohio and a Guardian Ad Litem for children |
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#4
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| Thanks for the replies, but if you're correct it would appear to contradict what the OCR website says: Anyone who believes there has been an act of discrimination on the basis of sex against any person or group in a program or activity which receives ED financial assistance, may file a complaint with OCR under Title IX. The person or organization filing the complaint need not be a victim of the alleged discrimination but may complain on behalf of another person or group. Last edited by blwpyrtv; 04-14-2009 at 11:08 AM. |
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#5
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| Quote:
__________________ "Sometimes you're the windshield; sometimes you're the bug." |
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#6
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| OK, so to the original question, how does one file a complaint (as opposed to a lawsuit) on behalf of a group? |
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#7
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| You shouldn't. A poorly prepared complaint will set the tone of the entire lawsuit and could irrevocably deny the parties harmed from getting any injunctive or damages relief. Stop playing. Go to legal aid or other legal assistance. Asking such questions shows you are not going to be able to get any relief for anyone and will cause more problems then provide solutions. File for yourself or forget it.
__________________ When you are a Bear of Very Little Brain, and you Think of Things, you find sometimes that a Thing which seemed very Thingish inside you is quite different when it gets out into the open and has other people looking at it. --W. T. Pooh (aka A. A. Milne) |
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#8
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| Your cautions are well taken. But can you explain for me the difference between a Title IX complaint and a Title IX lawsuit? |
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#9
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| A complaint is administrative and a required precursor to a lawsuit. While there can be some forced change from a complaint if the institution is covered by enabling regulations, it can still fight out any findings in court. This makes the point that one should complain to the institution if one thinks they will change voluntarily. A complaint can set up a patterns and practices lawsuit if the institution loses one and someone else later feels appropriate steps were not taken, also a complaint will often create a factual finding which will presumptive in case the issue goes to court so institutions will fight complaints like crazy and then challenge them in court. Bottom line, deal with the institution if you want cooperative change. Exhaust your administrative remedies by filing a complaint (on a covered institution) when you are going to fight.
__________________ When you are a Bear of Very Little Brain, and you Think of Things, you find sometimes that a Thing which seemed very Thingish inside you is quite different when it gets out into the open and has other people looking at it. --W. T. Pooh (aka A. A. Milne) |
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#10
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| OK, thanks. |
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