There are now more than 273,000 students enrolled at postsecondary educational institutions in Kentucky. These and the majority of U.S. schools are subject to compliance with federal Title IX provisions that relate to sexually-based discrimination and harassment. Title IX was an amendment implemented in 1972 by the U.S. Department of Education and enforcement is handled by the Office of Civil Rights (OCR).
Institutions that fail to maintain compliance may become ineligible for federal education funding. Schools must designate a Title IX Coordinator and implement written policies and practices that explain how allegations of discrimination are managed. The OCR has maintained a commitment to ensure that all proceedings are conducted fairly and equitably.
Examples of Sexual Discrimination
- Sexual harassment: May involve unwanted sexually-oriented conduct. Common examples include requesting sexual favors, unwanted advances, and other acts that may be verbal or nonverbal.
- Sexual violence: These include physical acts such as rape, sexual battery or coercion committed involving a victim that is unwilling or unable to legally give consent.
- Acts that discourage or hinder someone's ability to participate in programs or derive benefits based on their gender, gender identity, or sexual orientation.
- Acts of intimidation or stereotyping related to gender that produces a hostile educational environment
Institutional Requirements
After receiving a complaint, the assigned staff will respond promptly and conduct a thorough investigation. Evidence will be gathered that may include witness testimony. The subject of allegations is afforded sufficient preparation time before responding. All parties can generally choose an advisor that will assist and accompany them throughout the proceedings.
Title IX and the LGBTQ Community
It is now estimated that 10% of undergraduate students now self-identify as being LGBTQ. The OCR has continued to expand its provisions to properly acknowledge that protection extends to students regardless of gender identity or sexual orientation. They recently clarified the importance of prohibiting discrimination based on “gender identification or failure to conform to stereotypical notions of masculinity or femininity.”
LGBTQ students facing alleged violations are encouraged to familiarize themselves with their school's written policies and procedures. Selecting an experienced attorney to serve as an advisor will better ensure your rights are protected.
The Burden of Proof and Potential Sanctions
The evidentiary standard that has traditionally applied in these matters is that the allegations be proven by a preponderance of the evidence. In recent years, the clear and convincing evidence standard has been introduced as an option. These are both a lesser standard compared to beyond a reasonable doubt that applies in criminal actions.
Violators of these provisions may face harsh consequences, which commonly include being suspended or expelled from the institution. Having legal representation is strongly encouraged. Your attorney can be a tremendous help in preparing effective statements and responding to questions. An experienced attorney will also protect a respondent's rights and interests during the investigation, when a hearing is held, and during the appeals process if necessary. Because of what is at stake and the fact that such proceedings are an imperfect process, a respondent needs to level the playing field and an attorney-advisor can do so.
Experienced Advisor Represents Students in Title IX Disciplinary Matters in Kentucky
Are you the subject of allegations related to violating Title IX at an educational institution in Kentucky? Joseph D. Lento is a seasoned lawyer that is very familiar with these disciplinary proceedings and will work to create a positive outcome. We encourage you to contact the office today at (888) 535-3686.
Kentucky 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
- Alice Lloyd College
- Asbury University
- Ashland Community and Technical College
- ATA College
- Beckfield College Florence
- Bellarmine University
- Big Sandy Community and Technical College
- Bluegrass Community and Technical College
- Brescia University
- Brown Mackie College Hopkinsville
- Brown Mackie College Louisville
- Brown Mackie College Northern Kentucky
- Campbellsville University
- Centre College
- Clear Creek Baptist Bible College
- Daymar College Bellevue
- Daymar College Bowling Green
- Daymar College Louisville
- Daymar College Louisville
- Daymar College Madisonville
- Daymar College Online
- Daymar College Owensboro
- Daymar College Paducah Main
- Daymar College Scottsville
- DeVry University Kentucky
- Eastern Kentucky University
- Elizabethtown Community and Technical College
- Gateway Community and Technical College
- Georgetown College Georgetown, Kentucky
- Hazard Community and Technical College
- Henderson Community College
- Hopkinsville Community College
- ITT Technical Institute Lexington
- ITT Technical Institute Louisville
- Jefferson Community and Technical College
- Kentucky Christian University
- Kentucky Mountain Bible College
- Kentucky State University
- Kentucky Wesleyan College
- Lincoln College of Technology Florence
- Lindsey Wilson College
- Madisonville Community College
- Maysville Community and Technical College
- MedTech College Lexington Campus
- Mid Continent University
- Midway College
- Morehead State University
- Murray State University
- National College Lexington
- Northern Kentucky University
- Owensboro Community and Technical College
- Saint Catharine College
- Simmons College of Kentucky
- Somerset Community College
- Southcentral Kentucky Community and Technical College
- Southeast Kentucky Community and Technical College
- Spalding University
- Spencerian College
- Spencerian College Lexington
- Sullivan College of Technology and Design
- Sullivan University
- Thomas More College
- Transylvania University
- Union College
- University of Kentucky
- University of Louisville
- University of Phoenix Louisville Campus
- University of Pikeville
- University of the Cumberlands
- West Kentucky Community and Technical College
- Western Kentucky University
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 Kentucky 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.
