Student sexual harassment in Miami is a Title IX claim. A Title IX claim prohibits a student to be harassed or discriminated against on the basis of sex. The harasser can be a student, teach/professor, administrator, or employee. Student sexual harassment is illegal and unacceptable. For over 25 years, the experienced attorneys at the Derek Smith Law Group have helped victims of student sexual harassment, just like you, receive the compensation they deserve.
Student Sexual Harassment in Miami
Student sexual harassment in Miami is a form of gender discrimination. When a student, teacher/professor, administrator, or school employee approaches a student with unwelcomed sexual advances, requests for sexual favors, or any other verbal or physical sexual conduct, the student has become the victim of sexual harassment. It does not matter if the student is in elementary school, middles school, high school, college, or even taking a class at a local art of dance studio. If you are attending an institution for the sole purpose of learning you are a student and have rights. The incident can occur on campus, in a classroom, in the school parking lot, at a school-sponsored event, on the athletic field or in the athletic facilities, or even occur at an event not sponsored by the school, but would make going to school unbearable, such as sexual harassment at a frat party. Sexual harassment against students is illegal and should never be accepted.
Aside from the standard discrimination laws that protect employees and people using public accommodations, like a restaurant, store, or college/university, there are specific laws that are designed to protect students from sexual harassment in school.
1. Title IX of the Education Amendments Act of 1972. Title IX says that no one should be subject to discrimination or excluded from participation in any educational program or activity on the basis of sex. This applies to any college, public, or private, that receive federal funding, even in the form of federal student aid. Unless your college does not accept federal student aid payments, Title IX covers your right to learn in an environment free from sexual harassment.
2. Florida Educational Equity Act. This law applies to students in Florida public schools, grades K-20, which includes grade school, middle school, high school, college, and post-bachelor’s degrees. It prohibits discrimination on the basis of sex, including sexual harassment.
In order to prove you are a student victim of sexual harassment in Miami, you must show one of two things: a quid pro quo action or a hostile environment resulted.
1. Quid Pro Quo. The literal meaning of quid pro quo is “this or that.” To have a quid pro quo claim for student sexual harassment, you must show that you were offered something in exchange for sexual favors. The offer can be anything that would be considered a value to you as a student, such as another student offering to write your term paper for you if you go on a date, or a professor offering to give you an A in the class if you sleep with him.
2. Hostile Environment. A hostile environment means that sexual harassment has been so severe and frequent that the environment is unbearable. A hostile environment can include things such as sexist behavior, consistently asking you on dates even when you have said no, stalking, and even sexual assault.
Student sexual harassment in Miami can take many forms. It can be a joke that is offensive, sexism, or even sexual assault. Here are some examples of student sexual harassment:
• Your professor offers you an A in his class if you sleep with him
• A student in your class offers to write your term paper for you if you go on a date with him
• A student from your class constantly makes comments about your body even after you have asked her to stop numerous times
• Your teacher gropes you every time you walk past him
• Your professor is stalking you. He tells you every morning that he knows where you were the night before and then accurately reports where you were
• A student hacks into the student database and sends out sexist jokes weekly
• Your teacher uses derogatory slurs about women when talking about powerful women in history
• Your athletic coach refuses to let you play because you refused to go on a date with him
• You are suspended from your class because you reported your teacher for making sexist jokes in class
• The janitor is watching the female students in school in the locker room while they are changing
• You are at a frat party and sexually assaulted by members of the frat
Under Title IX, you may file a claim with the Office of Civil Rights (OCR). If you choose this plan of action you have a time limit of 180 days from the incident to file your claim. The OCR will then investigate the issue and the final judgment is issues in an administrative proceeding.
However, Title IX also allows you to file a complaint without going through the OCR process. The law does not give a time limit on when you can file, however, most courts will allow between 2 and 6 years. The general standard under other Florida Statutes for sexual misconduct cases in approximately 3 years.
The Florida Educational Equity Act also does not give a statute of limitations. However, it is always recommended to file sooner, rather than later.
If you are a student victim of sexual harassment, it is normal to want to know what type of remedies are available through the courts. The good news is that the courts want to compensate victims to make sure they send a message to schools that sexual harassment in school is not acceptable. The courts may offer the following remedies:
• Reenlistment in school, programs, or sports
• Reimbursement of medical and other related expenses
• Review and revamping policies relating to school and student sexual harassment
• Removal of the harasser from school employment or expulsion of students responsible for harassment
• Attorney’s fees
• Pain and suffering
• Emotional distress
• Punitive damages
A student sexual harassment lawsuit in Miami may take 4 to 6 months to a year or more to settle. If the school is willing to negotiate a fair settlement, you may settle before you even reach court and be finished with the case as quickly as 4 to 6 months. However, if the school insists on going to trial, your case may take 8 months to a year or longer to prepare for trial. The trial may then last an additional few days to several weeks until a judgment is entered.
As a victim of student sexual harassment in Miami, it is difficult to determine what is your best course of action. However, while you deice whether to file suit, here are a few things you can do that will help move your case along if you file.
1. Contact an experienced student sexual harassment attorney immediately.
2. If your school has a department to report the harassment, report it in writing.
3. If your school has a sexual harassment policy, follow it.
4. Gather evidence. Make sure to document every incident, when it occurred, where it occurred, who was involved, and whether there are any witnesses.
5. Do not waste time. You have a limited time to file your claim. Do not spend so much time deciding what to do that you miss your opportunity.
Contact Our Experienced Miami Student Sexual Harassment Attorneys Today for a Free Consultation.
All students are entitled to learn in an environment that is free of sexual harassment. If you are the victim of student sexual harassment in Miami, our team of former sex-crimes prosecutors at the Derek Smith Law Group can help. Contact us today at (305) 946-1884 for a free consultation. We do not take any money until we help you win your case.