Florida is now home to roughly 200 postsecondary educational institutions with more than 600,000 students enrolled. These and most schools across the nation are required to comply with federal Title IX provisions that relate to sexually-based discrimination and harassment. Title IX was implemented in 1972 by the U.S. Department of Education and enforcement is handled by the Office of Civil Rights (OCR).
If an institution fails to maintain compliance, it may be deemed ineligible for federal education funding. Schools must implement a written code of procedures and practices and designate a Title IX Coordinator. Emphasis is placed on ensuring these proceedings are conducted equitably.
How May Sexual Discrimination Occur?
Incidents of sexual discrimination may occur in many ways including the following:
- Treating one individual differently based on their sex when determining eligibility for any benefit, aid or service.
- Denying or discouraging those of a particular gender, gender identity, or sexual orientation from admission to the institution, athletic participation, etc.
- Holding any one of a specific gender or sexual orientation accountable to different standards than others
- Providing aid or support for any person, agency or organization that commits acts of sexual discrimination
LGBTQ Respondents
It is now estimated that roughly 10% of the students enrolled as undergraduates in the U.S. self-identify as LGBTQ. Students that are falsely accused of sexual misconduct may find themselves uncertain of how to respond or feel that investigators are in a rush to judgment. The majority of institutions permit all parties to choose an advisor that can accompany and support them during these proceedings. Having an attorney service in this capacity can ensure your rights are protected and be of tremendous value in terms of your preparation.
Understanding Your Rights in Title IX Actions
Those accused of these violations are afforded certain rights. The respondent must be notified of the allegations and be presented with all the facts that are being used as evidence. Respondents should be given adequate time for preparation before answering the allegations. All students should have access to their school's written guidelines and procedures, and more.
Institutional Requirements
Schools must designate a Title IX Coordinator and should disseminate the details regarding how a grievance or complaint can be made. The administration will respond to complaints promptly and gather evidence such as any witnesses during the course of the investigation. Many schools summon all the parties to a hearing. These hearings may be somewhat informal. Some institutions offer mediation or similar options for amicably resolving matters.
An estimated 14% of institutions use a hearing panel that consists of multiple administrators, faculty or students that ultimately reach a consensus. The violation must be proven by either a “preponderance of the evidence” or “clear or convincing evidence” standard. Commonly imposed sanctions or penalties include suspension or expulsion.
Although not required, the majority of schools have some written guidelines for appealing an adverse ruling. Often those considering an appeal will need to notify the administration of this intent within a short timeframe. Having an attorney at this point is critical; however, better outcomes are likely when representation is retained during the initial investigation phase of proceedings.
Advisory Representation for Title IX Proceedings at Schools in Florida
Students in Florida who are facing allegations of violating their school's Title IX requirements may be subject to harsh penalties that can have long-term ramifications. Joseph D. Lento is an attorney that will assist you in pursuing a positive outcome. Contact the office today at (888) 535-3686.
Florida colleges and universities where Joseph D. Lento can help as your or your gay or lesbian student's Title IX advisor during investigations, hearings, and appeals include, but are not limited to, the following schools:
- Acupuncture and Massage College
- AI Miami International University of Art and Design
- American InterContinental University South Florida
- Argosy University Sarasota
- Argosy University Tampa
- Ave Maria University
- Aviator College of Aeronautical Science and Technology
- Barry University
- Beacon College
- Bethune Cookman University
- Brevard Community College
- Broward College
- Brown Mackie College Miami
- Carlos Albizu University Miami
- CBT College Cutler Bay
- Centura Institute
- Chamberlain College of Nursing Florida
- Chipola College
- City College Altamonte Springs
- City College Fort Lauderdale
- City College Gainesville
- City College Miami
- College of Business and Technology Flagler
- College of Business and Technology Hialeah
- College of Business and Technology Kendall
- College of Central Florida
- Daytona State College
- DeVry University Florida
- Digital Media Arts College
- Eckerd College
- Edison State College
- Edward Waters College
- Embry Riddle Aeronautical University Daytona Beach
- Embry Riddle Aeronautical University Worldwide
- Everest Institute Fort Lauderdale
- Everest Institute Hialeah
- Everest Institute Kendall
- Everest Institute North Miami
- Everest University Brandon
- Everest University Jacksonville
- Everest University Lakeland
- Everest University Largo
- Everest University Melbourne
- Everest University North Orlando
- Everest University Orange Park
- Everest University Pompano Beach
- Everest University South Orlando
- Everest University Tampa
- Everglades University
- Flagler College St Augustine
- Florida Agricultural and Mechanical University
- Florida Atlantic University
- Florida Career College Clearwater
- Florida Career College Miami
- Florida Christian College
- Florida College
- Florida Gateway College
- Florida Gulf Coast University
- Florida Hospital College of Health Sciences
- Florida Institute of Technology
- Florida International University
- Florida Keys Community College
- Florida Memorial University
- Florida National College Main Campus
- Florida Southern College
- Florida State College at Jacksonville
- Florida State University
- Fortis College
- Fortis College Largo
- Fortis College Miami
- Fortis College Tampa
- Fortis College Winter Park
- Fortis Institute Pensacola
- Full Sail University
- Golf Academy of America Altamonte Springs
- Gulf Coast State College
- Herzing University Winter Park
- Hillsborough Community College
- Hobe Sound Bible College
- Hodges University
- Indian River State College
- International Academy of Design and Technology Online
- International Academy of Design and Technology Orlando
- International Academy of Design and Technology Tampa
- ITT Technical Institute Fort Lauderdale
- ITT Technical Institute Fort Myers
- ITT Technical Institute Jacksonville
- ITT Technical Institute Lake Mary
- ITT Technical Institute Miami
- ITT Technical Institute Orlando
- ITT Technical Institute St. Petersburg
- ITT Technical Institute Tallahassee
- ITT Technical Institute Tampa
- ITT Technical Institute University Park
- Jacksonville University
- Johnson & Wales University North Miami
- Jones College Jacksonville
- Jose Maria Vargas University
- Keiser University
- Key College
- Lake Sumter Community College
- Le Cordon Bleu College of Culinary Arts Miami
- Le Cordon Bleu College of Culinary Arts Orlando
- Lincoln College of Technology West Palm Beach
- Lynn University
- Medvance Institute Fort Lauderdale
- Medvance Institute Miami
- Medvance Institute West Palm
- Miami Ad School Miami Beach
- Miami Dade College
- Millennia Atlantic University
- New College of Florida
- North Florida Community College
- Northwest Florida State College
- Northwood University Florida
- Nova Southeastern University
- Palm Beach Atlantic University West Palm Beach
- Palm Beach State College
- Pasco Hernando Community College
- Pensacola State College
- Polk State College
- Polytechnic University of Puerto Rico Miami Campus
- Polytechnic University of Puerto Rico Orlando
- Remington College
- Remington College Tampa Campus
- Ringling College of Art and Design
- Rollins College
- Saint John Vianney College Seminary
- Saint Johns River State College
- Saint Leo University
- Saint Thomas University
- Sanford Brown Institute Ft Lauderdale
- Sanford Brown Institute Jacksonville
- Sanford Brown Institute Orlando
- Sanford Brown Institute Tampa
- Santa Fe College
- Schiller International University
- Seminole State College of Florida
- South Florida Bible College and Theological Seminary
- South Florida Community College
- South University Tampa
- South University West Palm Beach
- Southeastern College
- Southeastern College
- Southeastern University
- Southwest Florida College
- St Petersburg College
- State College of Florida Manatee Sarasota
- Stenotype Institute of Jacksonville Inc. Jacksonville
- Stenotype Institute of Jacksonville Inc. Orlando
- Stetson University
- Tallahassee Community College
- Talmudic College of Florida
- Taylor College
- The Art Institute of Fort Lauderdale
- The Baptist College of Florida
- The University of Tampa
- The University of West Florida
- Trinity Baptist College
- Trinity College of Florida
- Trinity International University Florida
- University of Central Florida
- University of Florida
- University of Fort Lauderdale
- University of Miami
- University of North Florida
- University of Phoenix Central Florida Campus
- University of Phoenix North Florida Campus
- University of Phoenix South Florida Campus
- University of Phoenix West Florida Campus
- University of South Florida Main Campus
- University of South Florida St. Petersburg Campus
- Valencia College
- Virginia College Jacksonville
- Virginia College Pensacola
- Warner University
- Webber International University
- Yeshivah Gedolah Rabbinical College
Approximately 10% of college students in the United States identify as gay, lesbian, bisexual, trans, or questioning according to studies and LGBTQ+ students should not feel alone when accused of sexual misconduct. As importantly, they should they not face such burdens alone or without the necessary support and guidance.
The reason LGBTQ+ students should not go through the Title IX process alone is because, as with all students accused of sexual misconduct, Title IX allegations and charges can change an accused student's life if not defended against properly and as early as possible during the disciplinary process. It is critical to have a dedicated and experienced advocate when facing a challenge in life and Joseph D. Lento has more than a decade of experience passionately fighting for the future of LGBTQ+ students at universities and colleges throughout the nation. He does not settle for the easiest outcome, and instead, prioritizes his clients' needs and well-being. Joseph Lento is a licensed attorney in New Jersey and New York and serves as a Title IX advisor to students facing Title IX and disciplinary cases in Florida and throughout the nation. Make certain your or your student's interests are protected - Contact National Title IX attorney Joseph D. Lento today at 888-535-3686.
