Title IX is a federal law that covers all college students and regulates how New York higher education institutions adjudicate cases of sexual misconduct. If a student from another country, known as an international student, happens to be involved in a case of sexual misconduct - whether they are an accuser, known as a “complainant,” or the accused, referred to as a “respondent” - they are expected to comply with this law.
But unfortunately, there are certain aspects of this law and its enforcement that tend to leave international students especially vulnerable. Sexual misconduct allegations can lead to serious consequences for any student under Title IX. However, international students must be aware of how this law specifically and uniquely impacts them.
Understanding Title IX
Discrimination of any type is strictly forbidden on college campuses in accordance with federal law. Students are protected from gender-based discrimination, in particular, under 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 are to fairly and promptly adjudicate all complaints alleging sexual misconduct.
How Sexual Misconduct Allegations Affect New York International Students
Being a respondent in the Title IX process obviously comes with inherent drawbacks. Because of the social stigma these allegations carry, many respondents report being mistreated and ignored by fellow students, peers, staff, and administration throughout the 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 an additional 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 accused a very confusing situation.
Sexual Misconduct Allegations and Student Visas
International students have a lot to lose when accused of academic misconduct. In fact, these students have much more to lose than the average native student in the exact same predicament.
In order for international students to remain in the United States for their studies, they must acquire a student visa. This visa only remains effective when certain requirements are fulfilled. 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 sexual misconduct, said student's ability to continue their education becomes compromised. A suspension or expulsion can result in an international student losing their visa.
This consequence is imposed on top of possibly having official charges filed.
New York Title IX Attorney for Student Defense
As you can see, you, as an international student, have a lot to lose when accused of sexual misconduct in New York colleges and universities. A responsible finding can derail your professional and academic goals. If you're in this predicament and believe that they're innocent, it's imperative you reach out to a legal professional. 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 or by phone at 888-535-3686.
New York 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:
State University of New York (SUNY):
SUNY University Centers
- State University of New York at Buffalo
- Binghamton University
- Stony Brook University
- University at Albany, State University of New York
SUNY Technology College
- Alfred State College
- State University of New York at Canton
- State University of New York at Cobleskill
- State University of New York at Delhi
- State University of New York at Farmingdale
- State University of New York at Morrisville
- State University of New York Polytechnic Institute
- State University of New York Maritime College
SUNY Comprehensive Colleges
- Buffalo State College
- Empire State College, Saratoga Springs
- State University of New York at Brockport
- State University of New York at Cortland
- State University of New York at Fredonia
- State University of New York at Geneseo
- State University of New York at New Paltz
- State University of New York at Old Westbury
- State University of New York at Oswego
- State University of New York at Plattsburgh
- State University of New York at Potsdam
- Crane School of Music
- State University of New York at Purchase
SUNY Specialized Doctoral Granting Units
- State University of New York Downstate Medical Center
- State University of New York Upstate Medical University
- State University of New York College of Environmental Science and Forestry
- State University of New York State College of Optometry
SUNY Community Colleges
- Adirondack Community College
- Broome Community College
- Cayuga County Community College
- Clinton Community College
- Columbia-Greene Community College
- Corning Community College
- Dutchess Community College
- Erie Community College
- Fashion Institute of Technology
- Finger Lakes Community College
- Fulton-Montgomery Community College
- Genesee Community College
- Herkimer County Community College
- Hudson Valley Community College
- Jamestown Community College
- Jefferson Community College
- Mohawk Valley Community College
- Monroe Community College
- Nassau Community College
- Niagara County Community College
- North Country Community College
- Onondaga Community College
- Orange County Community College
- Rockland Community College
- Schenectady County Community College
- Suffolk County Community College
- Sullivan County Community College
- Tompkins Cortland Community College
- Ulster County Community College
- Westchester Community College
SUNY State-wide Colleges
- Empire State College
- SUNY Learning Network
CUNY Senior Colleges and Graduate Schools
- Baruch College
- Brooklyn College
- City College
- Sophie Davis - School of Biomedical Education; School of Professional Studies
- College of Staten Island
- CUNY Graduate Center
- CUNY Graduate School of Journalism
- CUNY Law School
- Hunter College
- John Jay College of Criminal Justice
- Lehman College
- Medgar Evers College
- New York City College of Technology at MetroTech
- Queens College
- Aaron Copland School of Music
- York College
CUNY Community Colleges
- Borough of Manhattan Community College
- Bronx Community College, University Heights
- Guttman Community College
- Hostos Community College
- Kingsborough Community College
- LaGuardia Community College
- Queensborough Community College
Federal-Service Academies
- United States Merchant Marine Academy (exempt from Title IX and the Clery Act)
- United States Military Academy (exempt from Title IX and the Clery Act)
Private Colleges and Universities
- Adelphi University
- Albany College of Pharmacy and Health Sciences
- Alfred University
- American Museum of Natural History; Richard Gilder Graduate School
- Bank Street College of Education
- Bard College
- Barnard College
- Brooklyn Law School
- Cazenovia College
- Clarkson University
- Cold Spring Harbor Laboratory; Watson School of Biological Sciences (graduate school)
- Colgate University
- Columbia University
- College of Dental Medicine
- Columbia Business School
- Columbia College
- Columbia Graduate School of Architecture, Planning, and Preservation
- Columbia Graduate School of Arts and Sciences
- Columbia Law School
- Fu Foundation School of Engineering and Applied Science
- Graduate School of Journalism
- Mailman School of Public Health
- School of the Arts
- School of General Studies
- School of International and Public Affairs
- School of Social Work
- School of Nursing
- College of Physicians and Surgeons
- School of Professional Studies
- Cooper Union
- Cornell University
- Cornell Tech
- Weill Cornell Graduate School of Medical Sciences
- Weill Cornell Medicine
- Culinary Institute of America
- Daemen College
- Dowling College
- Elmira College
- Hamilton College
- Hartwick College
- Helene Fuld College of Nursing
- Hobart and William Smith Colleges
- Hofstra University
- Frank G. Zarb School of Business
- Icahn School of Medicine at Mount Sinai
- Ithaca College
- Juilliard School
- Keuka College
- Long Island University
- LIU Brooklyn
- LIU Post (formerly C.W. Post)
- Manhattan School of Music
- Manhattanville College
- Marymount Manhattan College
- Medaille College
- Mercy College
- Metropolitan College of New York
- Monroe College
- Bronx campus
- New Rochelle campus
- The New School
- College of Performing Arts
- Eugene Lang College, School for Liberal Arts
- Parsons School of Design
- School for Social Research
- The Schools of Public Engagement
- New York Chiropractic College
- New York Institute of Technology
- Central Islip campus
- Columbus Circle
- Old Westbury campus
- New York University
- College of Arts & Science
- Courant Institute of Mathematical Sciences
- Gallatin School of Individualized Study
- Institute of Fine Arts
- Liberal Studies
- School of Law
- School of Medicine
- Sackler Institute of Graduate Biomedical Sciences
- Steinhardt School of Culture, Education, and Human Development
- School of Professional Studies
- School of Social Work
- Stern School of Business
- Tandon School of Engineering
- Tisch School of the Arts
- Pace University
- Manhattan campus
- Pleasantville campus
- White Plains campus
- Paul Smith's College
- Pratt Institute
- Rensselaer Polytechnic Institute
- Rochester Institute of Technology
- Sage Colleges
- Russell Sage College
- Sage College of Albany
- Sage Graduate Schools
- Sarah Lawrence College
- Skidmore College
- St. Lawrence University
- St. Thomas Aquinas College
- University of Rochester
- Eastman School of Music
- College of Arts Sciences and Engineering
- Margaret Warner Graduate School of Education and Human Development
- Simon Business School
- Union College
- Utica College
- Vassar College
- Vaughn College of Aeronautics and Technology
- Villa Maria College
- Webb Institute
- Wells College
Private Colleges and Academies (For Profit)
- ASA College
- Downtown Brooklyn campus
- Midtown Manhattan campus
- White Plains campus
- Berkeley College
- Brooklyn campus
- Midtown Manhattan campus
- DeVry University
- Five Towns College
- Globe Institute of Technology
- LIM College (Laboratory Institute of Merchandising)
- New York Film Academy
Religious Affiliated/Oriented Private Institutions
- Canisius College
- College of Mount Saint Vincent
- College of New Rochelle
- College of St. Rose
- Concordia College
- Davis College
- Dominican College
- D'Youville College
- Fordham University
- Lincoln Center campus
- Rose Hill campus
- General Theological Seminary
- Hebrew Union College-Jewish Institute of Religion
- The Debbie Friedman School of Sacred Music
- Hilbert College
- Houghton College
- Iona College
- Jewish Theological Seminary of America
- King's College
- Le Moyne College
- Manhattan College
- Marist College
- Molloy College
- Montefiore Medical Center and Yeshiva University
- Albert Einstein College of Medicine
- Mount Saint Mary College
- Nazareth College
- New York Theological Seminary at The Interchurch Center
- Niagara University
- Nyack College
- Roberts Wesleyan College
- Siena College
- St. Bonaventure University
- St. Francis College
- St. John's University
- St. Joseph's College
- St. John Fisher College
- Syracuse University
- Touro College
- College of Osteopathic Medicine
- Manhattan
- Lander College for Men
- Lander College for Women – The Anna Ruth and Mark Hasten School
- Lander Institute
- Law Center
- Trocaire College
- Union Theological Seminary
- Wagner College
- Yeshiva University
- Benjamin N. Cardozo School of Law
- Rabbi Isaac Elchanan Theological Seminary
- Stern College for Women
- Sy Syms School of Business
- Yeshiva College
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 York and New Jersey, 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 New York and throughout the nation. Make certain your or your student's interests are protected - Contact National Title IX attorney Joseph D. Lento today.
