Understanding Title IX and Statute of Limitations
Title IX of the Education Amendments of 1972 is a federal law that protects students from sex discrimination in educational institutions that receive federal funding. Spodek Law Group understands the complexity of Title IX claims, including the statute of limitations, which varies from state to state.
Statute of Limitations and Title IX
Courts will apply the statute of limitations from the most analogous law, which is often the personal injury statute in the state governing the Title IX claims. However, Title IX does not set a specific statute of limitations. Therefore, the substantive law of the state in which the institution is located, or the jurisdiction with the most significant relationship to the wrongdoing, will govern.
State-Specific Statute of Limitations
For example, some states like New York, Connecticut, New Hampshire, Massachusetts, Washington, DC, and Michigan apply a three-year statute of limitations to Title IX claims. On the other hand, California, Texas, New Jersey, Virginia, Ohio, and Oklahoma apply a two-year statute of limitations. Minnesota and Maine both apply a six-year statute of limitations, whereas the statute of limitations in Tennessee is just one year.
Statute of limitations begins to run when a plaintiff knows or has reason to know of the injury on which the claim rests. However, some federal courts have held that the statute of limitations under Title IX does not begin to run until the plaintiff knows that the school played a role in causing the injury.
In Hernandez v. Baylor University, the plaintiff filed a Title IX lawsuit years later, alleging that Baylor was liable for her April 2012 assault. The court held that the plaintiff’s Title IX claims did not accrue until the independent investigation report was released in May 2016. Similarly, in Does v. Baylor University, the court held that the claims of ten plaintiffs did not accrue until the rampant sexual assault on campus was widely reported by the media in the spring of 2016.
Equitable Tolling Doctrines
Equitable tolling doctrines may apply if a plaintiff did not assert timely claims under Title IX due to fraud, misrepresentation, or deception by the defendant. In Zimmerman v. Poly Prep Country Day Sch., the federal court found that the school’s “deceitful conduct” may have led the plaintiff’s to “falsely believe that [the school] was unaware of [the accused coach’s] misconduct and could not be liable[.]”
At Spodek Law Group, we understand the nuances of Title IX claims and are experienced in handling these types of cases. Attorney Todd Spodek and his team are committed to fighting for our clients and holding institutions accountable for their actions. If you or someone you know has been a victim of sex discrimination in an educational institution, contact us for a free consultation.
State-Specific Statute of Limitations
|State||Statute of Limitations|
|New York||Three years|
|New Hampshire||Three years|
|Washington, DC||Three years|
|New Jersey||Two years|
At Spodek Law Group, we know how important it is to act quickly in Title IX cases. Our team of experienced lawyers will help you navigate the complex legal landscape and fight for justice. Don’t let institutions get away with discrimination and abuse – contact us today for a free consultation with Attorney Todd Spodek.
Remember, Title IX claims have strict time limitations. If you believe you have a Title IX claim, it’s crucial to act fast and seek legal representation immediately. Our team has a deep understanding of the law and the experience to handle any legal situation.
When it comes to your education and your rights, don’t settle for anything less than the best. Contact Spodek Law Group today and let us fight for you.