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I'm considering suing a university my...

Resolved • Response time 1 minute

21 Oct 2021

I'm considering suing a university my child attends. She's being racially harassed by students that attend. The issue has been brought to the schools attention who put a Stay Order in place but doesn't do enough to enforce it. The school is now victimized the victim.
JA: Can you confirm which state she's in? It will help the Lawyer give you a specific answer since laws can vary by location.
Customer: The school is in WI. We live in IL.
JA: Thanks for all these details. What steps have you taken so far?
Customer: Alerted the school, sent what video she could get, sends emails to the staff when they continue to harass her.
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: No
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21 Oct 2021

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Lawyer's response
21 Oct 2021
Daniel Luneau
Daniel Luneau

Hello! Thanks for using JustAnswer. My name is ***** ***** I will be the expert ready to answer your questions to the best of my ability and with top-quality service. I’m sorry to hear you are having these problems with your legal issue, and I know that can be frustrating. Hopefully, this can be resolved quickly. Is this a private or public school?

21 Oct 2021
Customer reply
21 Oct 2021
Private
21 Oct 2021
Lawyer's response
21 Oct 2021
Daniel Luneau
Daniel Luneau

Thank you for this information. I am writing your answer now.

21 Oct 2021
Lawyer's response
21 Oct 2021
Daniel Luneau
Daniel Luneau

Most private schools accept federal finding. When private schools accept this money, they have to obey important federal antidiscrimination laws that apply to programs or activities receiving federal financial assistance:

  • Title VI of the Civil Rights Act of 1964 prohibits discrimination based on race, color, or national origin.
  • Title IX of the Education Amendments of 1972 (20 U.S.C. §§ 1681-1688) prohibits discrimination based on sex in educational programs or activities. The law makes exceptions for religious schools (more on that below) and for admissions policies in K-12 schools and some colleges—which means that all-boy or all-girl schools can still restrict enrollment to one gender.
  • Section 504 of the Rehabilitation Act (29 U.S.C. § 794) prohibits discrimination based on disability. Under this law and the relevant federal regulations, schools must ensure that students with physical and mental disabilities receive an appropriate education, including accommodations to help with special needs. Private schools receiving federal funds can’t exclude qualified students with disabilities or charge them more, as long as only “minor adjustments” are needed to provide an appropriate education. (Section 504 is separate from the Individuals with Disabilities Education Act, which applies only to public schools.)

And even if federal funding was not accepted, there can be other potentially causes of action for discrimination. I suggest you and your daughter meet with a local civil rights lawyer to review your evidence. There be a basis for not only state compliant but also a lawsuit. You can find a local civil right lawyer by visiting www.justia.com.

21 Oct 2021
Lawyer's response
21 Oct 2021
Daniel Luneau
Daniel Luneau

Does that make sense? Did you have any additional concerns or need me to clarify anything related to this? I am happy to help.

21 Oct 2021
Customer reply
21 Oct 2021
Thank you. I will do that.
21 Oct 2021
Lawyer's response
21 Oct 2021
Daniel Luneau
Daniel Luneau

You're welcome! Thank you again for trusting JustAnswer with your question. If you have any further questions, please let me know so I can further assist you.

Customer rating:
Daniel Luneau
Daniel Luneau
Avg. question only $36
Trial Attorney at Fife Luneau, P.C.
21 Oct 2021
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