The system of higher education in Texas is comprised of 268 colleges and universities with an annual estimated enrollment of 900,000 students. The majority of U.S. schools are tasked with complying with the Title IX Educational Amendments of 1972. The basic 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.”
Guidance and enforcement is the central responsibility of the Office of Civil Rights (OCR). Students, staff, and faculty must all have access to the school's documented Title IX policies and procedures. Institutions must designate a Title IX Coordinator that is largely accountable for compliance.
Potential Violations
- Sexual harassment: Acts may include unwelcome sexual conduct such as appeals for sexual favors or advances.
- Sexual violence: This includes physical 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. Common examples are rape or sexual coercion.
- Gender-based harassment: May result from unwelcomed acts “based on a student's actual or perceived sex.” These acts may involve slurs, stereotypes or intimidation related to the gender of the victim.
The Responsibility of Schools
Title IX encourages 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 hostility in an educational environment that is contrary to the goals of the institutions.
Acts of sexual violence are also violations of Title IX. These disciplinary actions are separate from any potential activity in the criminal justice system. Those who report potential violations of Title IX guidelines should not be subject to acts of retaliation.
Complaints relating to sexual misconduct should be promptly investigated. Efforts must be made to ensure the proceedings are fairly conducted and free from bias or conflicts of interest. All parties are generally able to choose an advisor who will lend assistance and support.
Allegations Against LGBTQ Students
Recent data shows LGBTQ students now comprise approximately 10% of all undergraduate enrollments. LGBTQ students often feel susceptible to unfair treatment when they are the subject of these allegations. This may be attributed to false stereotypes or lingering characterizations that often exist.
Choosing an attorney to serve in this advisory role is often encouraged. Although there may be limitations to an attorney's active role, such as in hearings, they can still provide you a tremendous benefit in terms of preparation. You are likely to be well prepared to respond to questions and ready to deliver concise and effective statements.
Evidentiary Standards and Potential Penalties
These matters are typically ruled on based on the preponderance of the evidence. Recent federal guidance now allows for the option of employing a clear and convincing evidentiary standard. If the violations are proven, the respondent may face harsh penalties such as being suspended or expelled. Because of what is at stake and what is involved in such proceedings, an accused student should have an experienced attorney protect to protect the accused's interests and rights through all stages of the proceedings including the investigation, if a hearing is held, and if appeal becomes necessary.
Legal Advisory Representation for Students in Title IX Disciplinary Matters
Are you a student in Texas facing allegations of violating Title IX guidelines such as through acts of sexual misconduct? It is encouraged that you seek assistance from a lawyer that is familiar with these proceedings. Please contact the Lento Law Firm at (888) 535-3686 for assistance.
Texas 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:
- Abilene Christian University
- Alvin Community College
- Amarillo College
- American InterContinental University Houston
- Angelina College
- Angelo State University
- Argosy University Dallas
- Arlington Baptist College
- Austin College
- Austin Community College District
- Baptist Missionary Association Theological Seminary
- Baptist University of the Americas
- Baylor University
- Blinn College
- Brazosport College
- Brookhaven College
- Brown Mackie College San Antonio
- Career Point College
- Cedar Valley College
- Central Texas College
- Chamberlain College of Nursing Texas
- Cisco College
- Clarendon College
- Coastal Bend College
- College of Biblical Studies Houston
- College of the Mainland
- Collin County Community College District
- Commonwealth Institute of Funeral Service
- Concordia University Texas
- Court Reporting Institute Wheeler Institute of Texas
- Culinary Institute Inc.
- Dallas Baptist University
- Dallas Christian College
- Dallas Institute of Funeral Service
- Del Mar College
- DeVry University Texas
- East Texas Baptist University
- Eastfield College
- El Centro College
- El Paso Community College
- Everest College Arlington
- Everest College Dallas
- Everest College Fort Worth
- Everest College Fort Worth South
- Frank Phillips College
- Galveston College
- Grayson County College
- Hardin Simmons University
- Hill College
- Houston Baptist University
- Houston Community College
- Howard College
- Howard Payne University
- Huston Tillotson University
- International Academy of Design and Technology San Antonio
- ITT Technical Institute Arlington
- ITT Technical Institute Austin
- ITT Technical Institute DeSoto
- ITT Technical Institute Houston North
- ITT Technical Institute Houston West
- ITT Technical Institute Richardson
- ITT Technical Institute San Antonio
- ITT Technical Institute Waco
- ITT Technical Institute Webster
- Jacksonville College Main Campus
- Jarvis Christian College
- KD Conservatory College of Film and Dramatic Arts
- Kilgore College
- Lamar Institute of Technology
- Lamar State College Orange
- Lamar State College Port Arthur
- Lamar University
- Laredo Community College
- Le Cordon Bleu College of Culinary Arts Austin
- Le Cordon Bleu College of Culinary Arts Dallas
- Lee College
- LeTourneau University
- Lon Morris College
- Lone Star College System
- Lubbock Christian University
- McLennan Community College
- McMurry University
- Midland College
- Midwestern State University
- Mountain View College
- National American University Austin
- Navarro College
- North American College
- North Central Texas College
- North Lake College
- Northeast Texas Community College
- Northwest Vista College
- Northwood University Texas
- Odessa College
- Our Lady of the Lake University San Antonio
- Palo Alto College
- Panola College
- Paris Junior College
- Paul Quinn College
- Prairie View A & M University
- Ranger College
- Remington College Dallas Campus
- Remington College Fort Worth Campus
- Remington College Houston Campus
- Remington College Houston Southeast Campus
- Remington College North Houston Campus
- Rice University
- Richland College
- Saint Edward's University
- Sam Houston State University
- San Antonio College
- San Jacinto Community College
- Sanford Brown College Dallas
- Sanford Brown College Houston
- Sanford Brown College Houston North Loop
- Sanford Brown College San Antonio
- Schreiner University
- South Plains College
- South Texas College
- South University The Art Institute of Dallas
- South University The Art Institute of Fort Worth
- Southern Methodist University
- Southwest Career College
- Southwest Collegiate Institute for the Deaf
- Southwest Texas Junior College
- Southwestern Adventist University
- Southwestern Assemblies of God University
- Southwestern Christian College
- Southwestern University
- St Philip's College
- St. Mary's University
- Stephen F Austin State University
- Sul Ross State University
- Tarleton State University
- Tarrant County College District
- Temple College
- Texarkana College
- Texas A & M International University
- Texas A & M University College Station
- Texas A & M University Commerce
- Texas A & M University Corpus Christi
- Texas A & M University Galveston
- Texas A & M University Kingsville
- Texas A & M University Texarkana
- Texas Christian University
- Texas College
- Texas Lutheran University
- Texas Southern University
- Texas State Technical College Harlingen
- Texas State Technical College Waco
- Texas State Technical College Marshall
- Texas State Technical College West Texas
- Texas State University
- Texas Tech University
- Texas Wesleyan University
- Texas Woman's University
- The Art Institute of Austin
- The Art Institute of Houston
- The Art Institute of San Antonio
- The College of Saint Thomas More
- The University of Texas at Arlington
- The University of Texas at Austin
- The University of Texas at Brownsville
- The University of Texas at Dallas
- The University of Texas at El Paso
- The University of Texas at San Antonio
- The University of Texas at Tyler
- The University of Texas Health Science Center at San Antonio
- The University of Texas of the Permian Basin
- The University of Texas Pan American
- Trinity University
- Trinity Valley Community College
- Tyler Junior College
- University of Dallas
- University of Houston
- University of Houston Downtown
- University of Houston Victoria
- University of Mary Hardin Baylor
- University of North Texas
- University of Phoenix Austin Campus
- University of Phoenix Dallas Campus
- University of Phoenix Houston Campus
- University of Phoenix San Antonio Campus
- University of St Thomas
- University of the Incarnate Word
- Vernon College
- Vet Tech Institute of Houston
- Victoria College
- Virginia College Austin
- Wade College
- Wayland Baptist University
- Weatherford College
- West Texas A & M University
- Western Texas College
- Wharton County Junior College
- Wiley 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 Texas 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.
