More than 180,000 students are enrolled as undergraduates at colleges and universities in Massachusetts. These and most educational institutions across the U.S. are tasked with maintaining compliance with federal Title IX guidelines. This was a civil rights amendment first established in 1972 by the U.S. Department of Education that governs sexually-based discrimination.
Ongoing enforcement and guidance are provided at the federal level by the Office of Civil Rights (OCR). All institutions designate a Title IX Coordinator who established written procedures outlining how any complaints of sexual discrimination are handles. Schools have some latitude in creating their provisions. The disciplinary proceedings are supposed to be fair and free from any conflicts of interest.
Possible Institutional Exemptions
Some educational institutions are afforded an exemption from Title IX. This may apply to schools affiliated with a religious group whose beliefs are not consistent with the provisions in Title IX. For example, many organizations may not offer training programs for ministry leadership roles to women because these roles are reserved for men based on their tenets.
Examples of Violations
- Acts of sexual harassment such as appeals for sexual favors or other advances made verbally or otherwise
- Sexual violence such as rape, battery, coercion or other acts perpetrated against an unwilling victim
- Gender-based harassment such as threats that create a hostile educational environment
- Preventing or denying access or participation in academic programs, athletics, or other school activities based on gender or sexual orientation
LGBTQ and Title IX
Students that self-identify as being either lesbian, gay, bisexual, transgender, questioning or queer (LGBTQ) now account for approximately 10% of total postsecondary enrollment. Federal regulators have specifically addressed how issues such as gender identity and sexual orientation relate to Title IX. In a statement, they recognized that the protections do extend to "claims of discrimination based on gender identity." Schools are to "remedy sexual violence regardless if based on a student's actual or perceived sexual orientation."
LGBTQ Students Facing Allegations of Misconduct
Those in the LGBTQ community have traditionally been subjected to stereotypes and forms of discrimination in group settings. When an LGBTQ student faces accusations related to sexual misconduct they may feel isolated and uneasy regarding the disciplinary process. Fortunately, most institutions do allow all parties to select an advisor that may provide support and assistance amid these proceedings.
Advisory Role
Many institutions restrict those serving as an advisor from actively participating in a hearing or other proceeding. For example, they may be unable to speak directly on behalf of the party. Having an attorney act in this advisory role can be very beneficial. You will be much better prepared to deliver statements and respond to questions that will be asked. As importantly, an experienced advisor will be an advocate for an accused student and will protect an accused student's interests through all stages of the process including during the investigation, if a hearing is convened, and if an appeal becomes necessary.
Disciplinary Process
The most commonly employed evidentiary standard is by a preponderance of the evidence. Federal guidelines now also allow for using a clear and convincing evidence standard. Those found to have committed violations may face difficult sanctions such as being suspended or expelled.
Advisory Representation for Students in Massachusetts Accused of Title IX Violations
Joseph D. Lento is an experienced attorney that will assist students in facing these allegations in Massachusetts. He will work diligently on your behalf to ensure your rights are protected. You are encouraged to promptly contact the office today at (888) 535-3686.
Massachusetts 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:
- American International College
- Amherst College
- Anna Maria College
- Assumption College
- Babson College
- Bard College at Simon's Rock
- Bay Path College
- Bay State College
- Becker College
- Benjamin Franklin Institute of Technology
- Bentley University
- Berklee College of Music
- Berkshire Community College
- Boston Architectural College
- Boston Baptist College
- Boston College
- Boston University
- Brandeis University
- Bridgewater State University
- Bristol Community College
- Bunker Hill Community College
- Cambridge College
- Cape Cod Community College
- Clark University
- College of Our Lady of the Elms
- College of the Holy Cross
- Curry College
- Dean College
- Eastern Nazarene College
- Emerson College
- Emmanuel College
- Endicott College
- Fisher College
- Fitchburg State University
- Framingham State University
- Franklin W. Olin College of Engineering
- Gordon College
- Greenfield Community College
- Hampshire College
- Harvard University
- Hellenic College Holy Cross Greek Orthodox School of Theology
- Holyoke Community College
- ITT Technical Institute Norwood
- ITT Technical Institute Wilmington
- Laboure College
- Lasell College
- Lawrence Memorial Hospital School of Nursing
- Le Cordon Bleu College of Culinary Arts
- Lesley University
- Longy School of Music
- Marian Court College
- Massachusetts Bay Community College
- Massachusetts College of Art and Design
- Massachusetts College of Liberal Arts
- Massachusetts College of Pharmacy and Health Sciences
- Massachusetts Institute of Technology
- Massachusetts Maritime Academy
- Massasoit Community College
- Merrimack College
- Middlesex Community College
- Montserrat College of Art
- Mount Holyoke College
- Mount Ida College
- Mount Wachusett Community College
- New England College of Business
- Newbury College Brookline
- Nichols College
- North Shore Community College
- Northeastern University
- Northern Essex Community College
- Pine Manor College
- Quincy College
- Quinsigamond Community College
- Regis College
- Roxbury Community College
- Saint John's Seminary
- Salem State University
- Sanford Brown College Boston
- School of the Museum of Fine Arts Boston
- Simmons College
- Smith College
- Springfield College
- Springfield Technical Community College
- Stonehill College
- Suffolk University
- The Boston Conservatory
- The New England Conservatory of Music
- The New England Institute of Art
- Tufts University
- University of Massachusetts - Amherst
- University of Massachusetts - Boston
- University of Massachusetts - Dartmouth
- University of Massachusetts - Lowell
- University of Phoenix - Boston Campus
- Urban College of Boston
- Wellesley College
- Wentworth Institute of Technology
- Western New England University
- Westfield State University
- Wheaton College
- Wheelock College
- Williams College
- Worcester Polytechnic Institute
- Worcester State University
- Zion Bible 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 Massachusetts 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.
