The system of higher education in South Carolina is comprised of 79 colleges and universities with an annual enrollment of approximately 170,000 students. These and the majority of U.S. educational institutions must comply with federal Title IX guidelines. Title IX was established by the U.S. Department of Education in 1972. The intent was to address concerns with sexually-based discrimination in scholastic environments.
Schools are required to establish and maintain written guidelines and procedures that outline how complaints of sexual discrimination are managed. Federal enforcement is the responsibility of the Office of Civil Rights (OCR). Schools that fail to comply with Title IX guidelines may no longer be eligible for critical educational funding.
Understanding Sexual Discrimination
Sexual harassment may be perpetrated by students, faculty, visitors, and others associated with a school. Examples include appeals for sexual favors, unwanted advances, and more.
Acts of sexual violence are physical such as rape and coercion committed against the will of the victim. These acts of violence may involve a victim that is unable or incapable of giving consent. Examples include victims impaired by drugs and/or alcohol, those with a mental disability or those too young to legally consent to participate in sexual activity.
Discrimination may occur by preventing, discouraging or denying someone from entering or participating in programs or activities based on sex, gender identity, etc. Harassment may also involve stereotyping and taunting that is gender-based. Schools are responsible for maintaining an educational environment that is free of hostility for all students.
Title IX and LGBTQ Students
Lesbian, gay, bisexual, transgender, and questioning or queer students comprise roughly 10% of the undergraduate student population in the U.S. Based on false characterizations and negative stereotypes, many LGBTQ students accused of sexual misconduct feel that they may not be treated equitably. It is strongly suggested that you retain experienced legal counsel to act in an advisory role.
Basis of Title IX Complaints Relating to LGBTQ Students (2010 to 2018)
|
Alleged acts of sexual harassment |
56.9% |
|
Related to exclusion, denial or differential treatment |
20.1% |
|
Harassment related to gender (non-sexual) |
19.5% |
|
Acts of retaliation |
4.5% |
|
Other discipline-related acts |
1.9% |
Title IX Procedures
Schools have some latitude in creating their processes. The following is an overview:
- Schools designate a Title IX Coordinator to establish various ways that a complaint may be filed
- Complaints should be promptly investigated
- Accused parties (respondents) are afforded sufficient time to respond to allegations
- Emphasis is placed on avoiding conflicts of interest and maintaining fairness
- Schools may summon all parties to a hearing
- Parties are typically permitted to choose an advisor for support and assistance
Evidentiary Standards and Potential Sanctions
The traditional standard used for proving allegations is by a preponderance of the evidence. A clear and convincing evidentiary standard is also now an alternative. The school's written guidelines must list the potential sanctions that may be imposed. These typically include suspension or expulsion.
How May an Attorney Help?
One benefit that is derived is that your attorney may assist you in drafting concise and effective statements. You should be well-prepared to confidently respond to the questions you will likely be asked. As importantly, an experienced attorney will protect an accused student's rights and interests during the investigation, if a hearing is held, and if an appeal becomes necessary.
Seasoned Attorney Serves as an Advisor for Students in Title IX Disciplinary Matters
Are you a student that is faced with allegations of violating Title IX at a school in South Carolina? It is recommended that you obtain support from a lawyer that is well-versed in these actions. Promptly contact the Lento Law Firm at (888) 535-3686 for assistance.
South Carolina 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
- Aiken Technical College
- Allen University
- Anderson University
- Benedict College
- Bob Jones University
- Brown Mackie College Greenville
- Central Carolina Technical College
- Charleston Southern University
- Citadel Military College of South Carolina
- Claflin University
- Clemson University
- Clinton Junior College
- Coastal Carolina University
- Coker College
- College of Charleston
- Columbia College
- Columbia International University
- Converse College
- Denmark Technical College
- Erskine College and Seminary
- Florence Darlington Technical College
- Forrest College
- Francis Marion University
- Furman University
- Golf Academy of America Myrtle Beach
- Greenville Technical College
- Horry Georgetown Technical College
- ITT Technical Institute Columbia
- ITT Technical Institute Greenville
- ITT Technical Institute Myrtle Beach
- ITT Technical Institute North Charleston
- Lander University
- Limestone College
- Medix School Fortis College
- Midlands Technical College
- Miller Motte Technical College
- Miller Motte Technical College North Charleston
- Morris College
- Newberry College
- North Greenville University
- Northeastern Technical College
- Orangeburg Calhoun Technical College
- Piedmont Technical College
- Presbyterian College
- South Carolina State University
- South University Columbia
- Southern Wesleyan University
- Spartanburg Community College
- Spartanburg Methodist College
- Technical College of the Lowcountry
- The Art Institute of Charleston
- Tri County Technical College
- Trident Technical College
- University of Phoenix Columbia Campus
- University of South Carolina Aiken
- University of South Carolina Beaufort
- University of South Carolina Columbia
- University of South Carolina Lancaster
- University of South Carolina Salkehatchie
- University of South Carolina Sumter
- University of South Carolina Union
- University of South Carolina Upstate
- Virginia College
- Virginia College in Charleston
- Virginia College Columbia
- Virginia College Greenville
- Voorhees College
- W L Bonner College
- Williamsburg Technical College
- Winthrop University
- Wofford College
- York Technical 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 South Carolina 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.
