Thousands of students from other countries move to North Carolina every year to seize the benefits that the United States higher education system provides. In turn, these students better state campuses by diversifying them and adding a fresh, valuable perspective to these academic environments.
Title IX law is intended to protect international students just like it protects native North Carolina students. This is the case for international students whether they are accusers, referred to as “complainants,” or the accused, commonly known as “respondents. But there are certain aspects of this law and its enforcement that may leave international students vulnerable.
Title IX allegations can lead to serious repercussions for any student accused of sexual misconduct. However, international students must be aware of how Title IX policies can specifically impact them.
Understanding Title IX
Discrimination is strictly prohibited on college and university campuses under federal law. Students are protected from gender-based discrimination, in particular, under civil rights law Title IX of the Education Amendments. Title IX covers all students, regardless of their citizen status, national origin, or immigration status.
Sexual misconduct falls under the umbrella of gender-based discrimination, and there are multiple actions that constitute sexual misconduct. Some of them include sexual harassment, sexual assault, and dating violence - all of which are prevalent on college campuses. Under current Title IX guidance, higher education institutions have the obligation to fairly and promptly adjudicate all complaints alleging sexual misconduct in any of its varieties.
How Sexual Misconduct Allegations Affect North Carolina International Students
Being a respondent in the Title IX process comes with inherent disadvantages. Because of the social stigma these allegations carry, many respondents report that they've been mistreated and neglected by fellow students, peers, staff, and administration throughout the Title IX process for merely being accused of sexual misconduct. This isn't an uncommon phenomenon despite the fact that Title IX endorses that the interests of both parties are to be equally considered and catered to.
A respondent who also happens to be an international student will face a unique set of challenges that could disadvantage them further. Many international students feel alienated throughout the Title IX process, not only due to the nature of the allegations but as a result of being unfamiliar with certain American customs. International students are often less aware of the rights entitled to them and the obligations they're expected to fulfill. Also, important concepts like evidentiary standards and investigatory procedures must be understood to gain leverage in the Title IX process. Not having a firm grasp on these concepts as an international student can make being a respondent a very confusing situation.
Sexual Misconduct Allegations and Student Visas
The truth is, international students have more to lose than native students when accused of sexual misconduct.
This is because international students are responsible for keeping their student visa. In order for international students to remain in the United States for their studies, they must acquire this visa. It only remains effective when international students fulfill certain requirements. Among these requirements is the obligation to maintain a full-time course load, which is equivalent to at least 12 academic credit hours per semester. If an international student is found “responsible” for this misconduct, said student's ability to continue their education becomes compromised. A suspension or expulsion can result in an international student losing their visa.
North Carolina Title IX Advisor for Student Defense
As you can see, international students have a lot to lose when accused of sexual misconduct at North Carolina colleges and universities. A responsible finding can derail your professional and academic goals. This is why if you're an international student who believes that they're innocent and you're seeking help, it's imperative you reach out to an attorney. Attorney Joseph D. Lento of the Lento Law Firm can help you make sense of your situation and give you options that will increase your chances of a favorable outcome - contact him today online or by phone at 888-535-3686.
North Carolina colleges and universities where Joseph D. Lento can help as your or your international student's Title IX advisor during investigations, hearings, and appeals include, but are not limited to, the following schools:
- Alamance Community College
- Apex School of Theology
- Appalachian State University
- Asheville Buncombe Technical Community College
- Barton College
- Beaufort County Community College
- Belmont Abbey College
- Bennett College for Women
- Bladen Community College
- Blue Ridge Community College
- Brevard College
- Brunswick Community College
- Cabarrus College of Health Sciences
- Caldwell Community College and Technical Institute
- Campbell University
- Cape Fear Community College
- Carolina Bible College
- Carolina Christian College
- Carteret Community College
- Catawba College
- Catawba Valley Community College
- Central Carolina Community College
- Central Piedmont Community College
- Chowan University
- Cleveland Community College
- Coastal Carolina Community College
- College of the Albemarle
- Craven Community College
- Davidson College
- Davidson County Community College
- DeVry University North Carolina
- Duke University
- Durham Technical Community College
- East Carolina University
- Edgecombe Community College
- Elizabeth City State University
- Elon University
- Fayetteville State University
- Fayetteville Technical Community College
- Forsyth Technical Community College
- Gardner Webb University
- Gaston College
- Grace College of Divinity
- Greensboro College
- Guilford College
- Guilford Technical Community College
- Halifax Community College
- Harrison College
- Haywood Community College
- Heritage Bible College
- Isothermal Community College
- ITT Technical Institute Cary
- ITT Technical Institute Charlotte North
- ITT Technical Institute Charlotte South
- ITT Technical Institute Durham
- ITT Technical Institute High Point
- James Sprunt Community College
- Johnson & Wales University Charlotte
- Johnson C Smith University
- Johnston Community College
- King's College
- Laurel University
- Lees McRae College
- Lenoir Community College
- Lenoir Rhyne University
- Living Arts College
- Livingstone College
- Louisburg College
- Mars Hill University
- Martin Community College
- Mayland Community College
- McDowell Technical Community College
- Meredith College
- Methodist University
- Mid Atlantic Christian University
- Miller Motte College
- Miller Motte College Cary
- Miller Motte College Fayetteville
- Miller Motte College Greenville
- Miller Motte College Raleigh
- Miller Motte College Wilmington
- Mitchell Community College
- Montgomery Community College
- Montreat College
- Mount Olive College
- Nash Community College
- New Life Theological Seminary
- North Carolina A & T State University
- North Carolina Central University
- North Carolina State University at Raleigh
- North Carolina Wesleyan College
- Pamlico Community College
- Pfeiffer University
- Piedmont Community College
- Piedmont International University
- Pitt Community College
- Queens University of Charlotte
- Randolph Community College
- Richmond Community College
- Roanoke Chowan Community College
- Robeson Community College
- Rockingham Community College
- Rowan Cabarrus Community College
- Saint Augustines College
- Salem College
- Sampson Community College
- Sandhills Community College
- Shaw University
- Shepherds Theological Seminary
- South College Asheville
- South Piedmont Community College
- Southeastern Community College
- Southwestern Community College
- St. Andrews University
- Stanly Community College
- Surry Community College
- The Art Institute of Charlotte
- The Art Institute of Raleigh Durham
- Tri County Community College
- University of North Carolina at Asheville
- University of North Carolina at Chapel Hill
- University of North Carolina at Charlotte
- University of North Carolina at Greensboro
- University of North Carolina at Pembroke
- University of North Carolina at Wilmington
- University of North Carolina School of the Arts
- University of Phoenix Charlotte Campus
- University of Phoenix Raleigh Campus
- Vance Granville Community College
- Wake Forest University
- Wake Technical Community College
- Warren Wilson College
- Wayne Community College
- Western Carolina University
- Western Piedmont Community College
- Wilkes Community College
- William Peace University
- Wilson Community College
- Wingate University
- Winston Salem State University
All students must be extremely mindful when accused of sexual misconduct at their college or university; international students in particular, however, can have even more concerns at all stage of Title IX proceedings because the stakes are higher yet – When first contacted by their school's Title IX office, when a sexual misconduct investigation begins, when facing a hearing or an appeal or when seeking further recourse by filing a Title IX complaint with the Department of Education Office of Civil Rights when necessary. For international students who are facing a Title IX case and their families, it is critical to take the necessary precautions as soon as possible, including having an experienced attorney advisor, when accused of sexual misconduct. Unfortunately, some international students, not being as familiar what is at stake and also their rights in the process, will mistakenly believe that if they "just explain what happened," everything will work out. Title IX cases can be won, but international students and their families must recognize, however, that achieving a favorable in a Title IX case requires a dedicated and intensive approach best handled by a professional who has a track record of successes in the Title IX disciplinary arena.
Fighting passionately for the future of international students at colleges and universities throughout the nation for over a decade, Joseph D. Lento knows how important it is to mount the strongest defense because he understands that an international student's academic and professional future and Visa is on the line. 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, is admitted as an attorney pro hac vice in state and federal court if needed when representing clients nationwide, and serves as a Title IX advisor to international students facing sexual misconduct investigations and disciplinary cases in North Carolina and throughout the nation. Make certain your or your student's interests are protected - Contact National Title IX attorney Joseph D. Lento today.
