According to the 2019 Nebraska Higher Education Progress Report, statewide enrollment at the college and university level exceeds 136,000. The majority of U.S. schools are required to comply with the Title IX Educational Amendments of 1972. The fundamental principle is that no person shall be “excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.”
Ongoing guidance and enforcement is the responsibility of the Office of Civil Rights (OCR). Students, staff, and faculty must all have access to the school's written Title IX policies and procedures. All institutions must name a Title IX Coordinator that is largely accountable for compliance.
Types of Violations
- Sexual harassment: This may include unwelcome sexual conduct such as appeals for sexual favors or advances.
- Sexual violence: This is a physical form of harassment committed against the will of the victim. It also applies to victims who are incapable of granting consent because they are a minor, are under the influence of drugs or alcohol or have some form of mental impairment. Examples include acts of rape or sexual coercion.
- Gender-oriented harassment: This may be committed through unwelcomed acts “based on a student's actual or perceived sex.” It may involve slurs, stereotypes or intimidation related to the gender of the victim.
Institutional Responsibility
Title IX serves to allow equal access to opportunities and benefits for all regardless of their gender, sexual identity or orientation. The OCR has long recognized that gender-oriented harassment creates a hostile educational environment that is not conducive to learning.
Allegations of sexual violence are to be addressed by the institution as potential violations of civil rights. This is in addition to actions taken by the local authorities and the criminal justice system. Those who report potential violations of Title IX guidelines are to be protected from acts of retaliation.
All complaints regarding sexual misconduct received should be promptly investigated. Efforts must be made to ensure the proceedings are free from any bias or conflicts of interest. All parties are generally afforded to choose an advisor that will function to assist and support them.
Allegations Against LGBTQ Students
Recent data shows LGBTQ students now comprise roughly 10% of overall undergraduate enrollments. LGBTQ students may feel that they might not be treated fairly when the subject of these allegations. This may be attributed to false stereotypes or incorrect characterizations that often exist.
Choosing an attorney to serve in this advisory role is often suggested. Although the attorney's active role may be limited in hearings, they can still provide you a tremendous benefit in terms of preparation. You must be well prepared to respond to questions and ready to make clear and effective statements. An experienced attorney will also protect an accused student's rights and interests during the investigation, if a hearing is held, and if an appeal becomes necessary.
The Burden of Proof and Potential Penalties
The evidentiary standard traditionally used has been by a preponderance of the evidence. Recent federal guidelines also now allow an option of employing a clear and convincing evidentiary standard. If the violations are proven, the respondent may face difficult sanctions such as being suspended or expelled.
Advisory Representation for Students in Nebraska Facing Title IX Disciplinary Matters
Are you a student alleged to have violated Title IX guidelines such as through acts of sexual misconduct in Nevada? It is recommended that you retain support from a lawyer that is familiar with these proceedings. Contact the Lento Law Firm at (888) 535-3686 for assistance.
Nevada 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
- Bellevue University
- BryanLGH College of Health Sciences
- Central Community College
- Chadron State College
- Clarkson College
- College of Saint Mary
- Concordia University Seward
- Creighton University
- Doane University
- Grace University
- Hastings College
- ITT Technical Institute Omaha
- Kaplan University Lincoln Campus
- Kaplan University Omaha Campus
- Little Priest Tribal College
- Metropolitan Community College Area
- Mid Plains Community College
- Midland University
- Myotherapy Institute
- Nebraska Christian College
- Nebraska College of Technical Agriculture
- Nebraska Indian Community College
- Nebraska Methodist College of Nursing & Allied Health
- Nebraska Wesleyan University
- Northeast Community College
- Omaha School of Massage and Healthcare of Herzing University
- Peru State College
- Southeast Community College Area
- The Creative Center
- Union College
- Universal College of Healing Arts
- University of Nebraska at Kearney
- University of Nebraska at Omaha
- University of Nebraska Lincoln
- University of Phoenix Omaha Campus
- Vatterott College Spring Valley
- Wayne State College
- Western Nebraska Community College
- York 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 Nevada 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
