Practice AreasTitle IX

Federal law guarantees every person, whether students or employees, the right to access educational institutions free from sex-based discrimination, which includes sexual harassment, misconduct, and violence. 

At C.A. Goldberg, PLLC, we represent students and employees in K-12 and higher education who have experienced anti-LGBTQ discrimination, sexual harassment, sexual violence, and related retaliation at the hands of fellow students, teachers, or other persons in positions of authority at their educational institutions. 

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Fighting for students

Sexual violence and harassment can impede if not destroy a student’s ability to learn or otherwise participate in educational programs or activities – particularly if a student is being discriminated against, harassed, or retaliated against by their peers, educators, or others in a school setting. It also prevents employees from safely working in such hostile environments without fear of ongoing harassment or other retribution. Such survivors often experience severe impacts on their physical, emotional, and mental wellbeing.

We can help keep victimized students and employees safe by: 

  • Assisting them in initiating or otherwise navigating Title IX or other appropriate school-based proceedings.
  • Representing students or employees who have been retaliated against by schools for reporting sexual harassment or violence came.
  • Advocating for protective measures and accommodations that ensure ongoing access to educational based programs and activities for victimized students and employees. 

C.A. Goldberg attorneys have ample experience representing survivors at every phase of the Title IX process, including filing complaints, participating in investigations, representing them in hearings, and initiating litigation to challenge ineffective or biased processes. We routinely represent students and employees through Title IX investigations and hearings, including filing administrative complaints to the U.S. Department of Education’s Office of Civil Rights (OCR), as well as initiating lawsuits against educational institutions.  

This firm first entered the world of Title IX litigations in 2015 when our 13-year-old client was sexually assaulted by a fellow student outside her Brooklyn middle school.  The rapist recorded the video and it went viral around the 8th Grade.  The school told our client to just stay home because her presence was a distraction.  Shortly after, we got a second case of a 15-year-old disabled student who was gang-raped in a stairwell at her Brooklyn School and when she reported it, she was suspended. And then a third case came our way where our client was sexually attacked and told she should transfer schools if she wanted safety.  What did all our clients have in common? They were young Black girls who lived in immigrant single mother households. We filed complaints with the Office for Civil Rights in all three cases demanding investigations into the pattern and practice of discriminating. We also alerted the press to our discovery that there was but one Title IX coordinator for 1.1 million students in the NYC Department of Education.  We obtained enormous financial recoveries in the two lawsuits we brought and transferred everybody to safer school. One of our clients came with us to City Hall to testify for more Title IX Coordinators. After our testimony, they added nine more.

This also paved the way for Carrie to be invited to the White House for discussions with then Vice President Biden’s staff about the handling of Title IX in K-12 schools, weighing in on federal k-12 back-to-school guidelines, and joining then Public Advocate Tish James for a protest on the first day of school.

In July 2024, we acquired the Title IX Law Practice of Laura Dunn, one of the country’s preeminent lawyers in Title IX who joined our firm as “Of Counsel.”

We are relentless in pursuing educational institutions that fail to protect their students and employees from sexually hostile environments.

Sex-based discrimination, harassment, and violence can take on many different shapes

  • Title IX of the Educational Amendment Law protects all students and employees from sex-based discrimination, sexual harassment, sexual violence, and unlawful retaliation. This law applies to pre-schools, K-12 schools, college, universities, graduate schools, and any other educational institutions or programs that receive federal funds. Title IX includes protections against sexual assault and exploitation.   

    Under Title IX, students and employees may seek money damages against schools that have a policy of discrimination or otherwise have been deliberately indifferent to sexual misconduct by other students, teachers, or school staff within their control. Students and employees can also raise claims for schools protecting or allowing offenders to abuse or themselves retaliate against victims or whistleblowers exercising their rights under Title IX. 

    Retaliation can be effectuated in a vast number of ways and can include intimidation, threats, or coercion. It can also include subtly pernicious actions such as refusals to provide letters of recommendation, intentionally denying opportunities for academic growth, or refusing to separate an offender from a complainant.    

    Under Title IX, schools are obligated to have policies in effect that prohibit sex discrimination, including sexual harassment, and sexual violence. These policies must include grievance procedures that provide for fair and prompt resolution when complaints are filed. Schools are also required to have measures that provide accommodations available to students to address the effects of sexual harassment and violence – these can include no-contact orders between students and their offenders, changing class schedules, and campus escort services.

    • Differential treatment of LGBTQ+ students or students based on sex
    • Policies or practices that discriminate against students based on gender expression or sexual orientation
    • Stalking or obscene or harassing phone calls, texts, emails, social media posts  
    • Requests for sexual favors  
    • Sexually suggestive jokes, comments, innuendos  
    • Inappropriate touching  
    • Intimidation and bullying  
    • Non-consensual distribution of intimate images  
    • Unlawful surveillance (e.g. hidden cameras in bedroom or bathrooms or other places where there is an expectation of privacy)  
    • Sexual assault, battery, or coercion  
    • Attempted rape or rape  
    • Inappropriate touching  
    • Physical or aggressive sexual advances   

Successes in Our Title IX Cases

  • ~ $1M Settlement
  • Major Settlement
  • Investigation
  • ~ $1M Settlement

    Sexual Assault on School Grounds

    After reporting a brutal rape that happened in her school’s stairwell, our 15-year-old client was punished by administrators at Teachers Preparatory HS in Brownsville. The school’s attempts to silence her were unsuccessful. We filed a complaint on her behalf , leading to a $950K settlement from the New York City Department of Education. 

    Read about the case
  • Major Settlement

    Sexual Assault on School Trip

    We achieved a six-figure settlement for our client for sexual assault that happened on a school trip. The victim was suspended by the school following the assault. While it didn’t change what happened, we fought for justice for our client.

  • Investigation

    Retaliation Against Rape Victim

    Our Title IX complaint resulted in the U.S. Department of Education Office for Civil Rights (OCR) investigation into the NYC Department of Education for retaliation against a rape victim. 

More Title IX Cases

    • Represented student in OCR hearing, for school failing to timely investigate a sexual assault.  Obtained $68k financial recovery.
    • Represented 15-year-old Ohio student who was filmed without consent during sexual intimacy and then was punished by her school when the images spread and was the subject of a malicious yearbook page slutshaming her. Filed Office of Civil Rights complaint which found in our client’s favor that she was discriminated against.
    • Represented 17-year-old Texas student in disciplinary proceeding where she was discriminated against by school when it punished her for being the victim of child sexual abuse imagery. Filed Office of Civil Rights complaint.
    • Represented 14-year-old student in New Jersey who was disciplined after being the victim of assault on the school bus during class trip.  Sued school and obtained six figure recovery.
    • Co-counsel in Title IX Litigation Davis v Embry-Riddle Aeronautical University, et ano. where we claimed retaliation where victim of sexual assault publicly criticized the institution’s investigation of her assault and was sued by the Title IX coordinator.
    • Co-counsel in the case AF v Morehouse where we sued Morehouse for refusing to investigate the sexual assault of a Spelman student by a Morehouse student; obtained an initial federal order saying that Spelman has a duty to investigate assaults alleged against its students.
    • Represented college student whose ex-boyfriend violated a No Contact Order by disseminating nonconsensual intimate images; boyfriend was suspended.
    • Represented University of Chicago student in campus disciplinary proceeding where ex was stalking and publishing nude images without consent, obtained no contact order.
    • Represented medical student in Rochester New York in campus disciplinary hearing where a professor became obsessed with her. Outcome in our client’s favor, offender was sanctioned.
    • Represented grad student in Montana where student researcher became obsessive and dangerous.
    • Represented law fellow wrongfully accused by fellow law fellow of stalking, mediated peaceful resolution for our client and stay away agreement from wrongful accuser.
    • Represented grad student in New York City who was stalked and harassed by adjunct professor. Sued and obtained confidential settlement.
    • Represented professor in Title IX campus investigation where she was being harassed online by students using anonymous app.

     

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