Data from the Center for Educational Performance and Information in Michigan indicates that there were more than 508,000 students enrolled in postsecondary institutions in 2017. These and the majority of U.S. schools must comply with Title IX federal guidelines. This was an amendment implemented in 1972 by the U.S. Department of Education. Title IX is designed to stop sexually-based discrimination in educational settings.
Schools must establish a written policy regarding how complaints of sexual discrimination are received and managed. Federal guidance and enforcement is the responsibility of the Office of Civil Rights (OCR). Schools that fail comply may be deemed ineligible for critical federal educational funding.
Possible Violations of Title IX
- Acts that treat a person or group differently from others based on their sex or perceived sex
- Having unfair eligibility requirements for admission to programs, activities, financial aid or other benefits based on someone's gender, sexual orientation, etc.
- Verbal or nonverbal acts of sexual harassment
- Sexual assault such as rape or dating violence against an unwilling victim
- Acts of intimidation other others that create a hostile educational environment
- Giving forms of support to agencies or organizations that partake in sexual discrimination
Matters Involving LGBTQ Respondents
People who self-identify as LGBTQ now comprise approximately 10% of all U.S. undergraduate students. LGBTQ students have often been marginalized in group educational settings. LGBTQ students that are accused of acts such as sexual misconduct may feel anxiety and confusion regarding how to proceed. Seasoned legal representation may assist in an advisory role in these matters. Attorneys that are well-versed in these proceedings will ensure you are well prepared and protect your legal rights.
Institutional Proceedings
Federal guidelines require that complaints be treated as a priority. The investigation and any proceedings are to be conducted fairly and free of bias. Many institutions have all parties convene for a hearing. Your advisor may accompany you; however, they may be restricted from participating in an active role. 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.
Ruling on Violations
Schools often assign responsibility for these rulings with the Title IX Coordinator, departmental leaders, hearing panels composed of students and/or faculty, and others. To prove a violation, the evidence must satisfy a preponderance of the evidence or clear and convincing evidence standard. These are both a lesser standard than beyond a reasonable doubt, which is used in criminal actions.
Potential Penalties
Those found to have committed violations may face various possible sanctions. Some of the most common penalties include suspension or expulsion from the college or university.
Possible Appeal
Schools will typically have an appeals process established. Those who were the subject of an adverse ruling seeking to appeal should do so with assistance from a lawyer. Keep in mind that a deadline may apply to last only a few days or weeks.
Legal Representation for Students in Title IX Disciplinary Matters in Michigan
Are you currently a student that has been accused of violating Title IX at an educational institution in Michigan? You deserve guidance and support from a lawyer that is familiar with these matters. Contact the office of the Lento Law Firm at (888) 535-3686 for additional information.
Michigan 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:
- Adrian College
- Albion College
- Alma College
- Alpena Community College
- Andrews University
- Aquinas College
- Baker College Center for Graduate Studies
- Baker College of Allen Park
- Baker College of Auburn Hills
- Baker College of Cadillac
- Baker College of Clinton Township
- Baker College of Flint
- Baker College of Jackson
- Baker College of Muskegon
- Baker College of Owosso
- Baker College of Port Huron
- Bay de Noc Community College
- Bay Mills Community College
- Calvin College
- Central Michigan University
- Cleary University
- College for Creative Studies
- Compass College of Cinematic Arts
- Concordia University Ann Arbor
- Cornerstone University
- Davenport University
- Delta College
- DeVry University Michigan
- Eastern Michigan University
- Ferris State University
- Finlandia University
- Glen Oaks Community College
- Gogebic Community College
- Grace Bible College
- Grand Rapids Community College
- Grand Valley State University
- Great Lakes Christian College
- Henry Ford Community College
- Hope College
- International Academy of Design and Technology Troy
- ITT Technical Institute Canton
- ITT Technical Institute Dearborn
- ITT Technical Institute Swartz Creek
- ITT Technical Institute Troy
- ITT Technical Institute Wyoming
- Jackson Community College
- Kalamazoo College
- Kalamazoo Valley Community College
- Kellogg Community College
- Kettering University
- Keweenaw Bay Ojibwa Community College
- Kirtland Community College
- Kuyper College
- Lake Michigan College
- Lake Superior State University
- Lansing Community College
- Lawrence Technological University
- Macomb Community College
- Madonna University
- Marygrove College
- Michigan Jewish Institute
- Michigan State University
- Michigan Technological University
- Mid Michigan Community College
- Monroe County Community College
- Montcalm Community College
- Mott Community College
- Muskegon Community College
- North Central Michigan College
- Northern Michigan University
- Northwestern Michigan College
- Northwood University Michigan
- Oakland Community College
- Oakland University
- Olivet College
- Rochester College
- Sacred Heart Major Seminary
- Saginaw Chippewa Tribal College
- Saginaw Valley State University
- Sanford Brown College Dearborn
- Sanford Brown College Grand Rapids
- Schoolcraft College
- Siena Heights University
- South University Novi
- Southwestern Michigan College
- Spring Arbor University
- St Clair County Community College
- The Art Institute of Michigan
- University of Detroit Mercy
- University of Michigan Ann Arbor
- University of Michigan Dearborn
- University of Michigan Flint
- University of Phoenix Metro Detroit Campus
- University of Phoenix West Michigan Campus
- Washtenaw Community College
- Wayne County Community College District
- Wayne State University
- West Shore Community College
- Western Michigan University
- Yeshiva Gedolah of Greater Detroit
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 Michigan 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.
