How Title IX cases are investigated and what it means for Florida basketball's Todd Golden

How Title IX cases are investigated and what it means for Florida basketball’s Todd Golden

Posted by Admin December 11, 2024 Basketball

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Florida basketball coach Todd Golden remains the subject of a Title IX investigation after a formal complaint, which includes allegations of sexual harassment, sexual exploitation, stalking and cyberstalking, was filed against him on Sept. 27.

Golden confirmed on social media last month that he has actively participated in and respected the confidentiality of an ongoing school inquiry. He said he’s also retained an attorney, Ken Turkel, to advise him on his ability to bring defamation claims but has since chosen not to answer questions regarding the allegations against him.

“My family and I appreciate the support we have received and remain confident that the university will continue its efforts to finish this review promptly,” Golden said in his statement.

The last high-profile Title IX case involving Florida Gators athletics occurred in 2016, when a complaint was filed against former UF star receiver Antonio Callaway, who was cleared on accusations of sexual assault following a formal hearing. That case, though, ended in controversy, as the ruling was adjudicated by a lawyer, Jacksonville-based Jake Schickel, who was also a UF football and basketball season-ticket holder.

Here are facts regarding Title IX and the investigation process, courtesy of the National Sexual Violence Resource Center and other sources:

What is Title IX?

Title IX is a federal civil rights law that prohibits institutions of higher education from discriminating anybody based on their sex and gender. First drafted to ensure equal opportunities for women in sports, today Title IX applies to all forms of sexual harassment and assault, domestic violence, dating violence, and stalking.

The law requires universities to respond promptly and effectively to address any report of sexual harassment or sexual misconduct and actively take steps to prevent it. Sexual violence on campus is viewed as a hostile environment and thus discrimination, since enduring harassment and victimization prohibits students from equal access to education.

Who does Title IX apply to?

Title IX doesn’t just apply to undergraduate students — faculty, graduate students, staff, and visitors are also protected under the law. The antidiscrimination law also applies to public and private elementary schools, secondary schools and school districts.

Fairness in Title IX investigations

Title IX recognizes all students, staff and faculty members have the right to due process. The guidance directs universities to balance being as supportive as possible to the student who has experienced the incident while being fair to the person who is reported and honoring their right to due process. Both parties have the right to present their case, both are allowed to have an advisor of their choice present during Title IX proceedings and both must receive notification of the outcome.

How long do Title IX investigations take?

According to the Law Offices of Leifert and Leifert, Palm Beach County-based attorneys who handle Title IX cases, investigations generally last 75 to 90 days. The Callaway case, however, dragged out for close to eight months. For most, the process ends with three choices: an unfounded complaint, an informal resolution, or a disciplinary hearing, in which a factfinder listens to each side and investigates the evidence. The burden of proof in a hearing lies in the preponderance of evidence — similar to a civil trial.

Why aren’t Title IX investigations more transparent?

Per Florida Statutes 1012.91, records maintained for the purposes of any disciplinary proceeding brought against an employee shall be confidential until a final decision is made in the proceeding. The record of any disciplinary proceeding, including any evidence presented, shall be open to inspection to the accused at all times.

What this means for Florida basketball coach Todd Golden?

Golden has remained coaching the Gators through the investigation and has No. 7 UF at 9-0 heading into a matchup Saturday against Arizona State in Atlanta. The length of the investigation is nearing the 75 to 90 days it takes to resolve the majority of Title IX cases. Pending the outcome of the case, Golden could potentially be reprimanded or even fired for cause, per terms of his contract. If exonerated, Golden will likely remain the coaching the team for the rest of the season.

Kevin Brockway is The Gainesville Sun’s Florida beat writer. Contact him at kbrockway@gannett.com. Follow him on X @KevinBrockwayG1