Can a school charge a student for code of conduct violations that do not involve sexual harassment, but arise out of the same facts or circumstnaces involving sexual harassment under the Title IX Final Rule?

Schools have many obligations and responsibilities under the Title IX Final Rule. If a student is accused of allegations involving sexual harassments, in addition to other alleged offenses as part of that same circumstance or scenario, the school cannot charge the student independently so that a student's right would be abridged, say, if they were to have lesser rights under the school's code of conduct policies versus the school's Title IX policies.

To give an example, if a student's accused of sexual misconduct, say, the respondent's accused of sexual misconduct by the complainant, and then there is also, say, the use of underaged alcohol on campus. The school cannot charge the respondent independently to try to pursue a case or to try to have a disciplinary sanction or outcome against the respondent by charging that student independently under its code of conduct versus its Title IX policy. In other words, the case would have to be altogether under the Title IX policy if it's otherwise appropriate to be pursued under the school's Title IX policy.

That onto itself would be retaliation by the school. Retaliation is a serious matter. It's a fluid matter in terms of what may be considered retaliation and would not be appropriate to be considered retaliation.

Having an experienced attorney advisor will help you best understand your rights and would best protect your interests and can help you best navigate and understand the process. They should be involved as early as possible in a Title IX case.

Contact Us Today!

footer-2.jpg

If you, or your student, are facing any kind of disciplinary action, or other negative academic sanction, and are having feelings of uncertainty and anxiety for what the future may hold, contact our offices today, and let us help secure your academic career.

This website was created only for general information purposes. It is not intended to be construed as legal advice for any situation. Only a direct consultation with a licensed Pennsylvania, New Jersey, and New York attorney can provide you with formal legal counsel based on the unique details surrounding your situation. The pages on this website may contain links and contact information for third party organizations – the Lento Law Firm does not necessarily endorse these organizations nor the materials contained on their website.  In Pennsylvania, Attorney Joseph D. Lento represents clients throughout Pennsylvania's 67 counties, including, but not limited to Philadelphia, Bucks, Chester, Delaware, Montgomery, Berks, Lancaster, Lehigh, and Northampton County.  In New Jersey, attorney Joseph D. Lento represents clients throughout New Jersey's 21 counties: Atlantic, Bergen, Burlington, Camden, Cape May, Cumberland, Essex, Gloucester, Hudson, Hunterdon, Mercer, Middlesex, Monmouth, Morris, Ocean, Passaic, Salem, Somerset, Sussex, Union, and Warren County,  In New York, Attorney Joseph D. Lento represents clients throughout New York's 62 counties.  Outside of Pennsylvania, New Jersey, and New York, unless attorney Joseph D. Lento is admitted pro hac vice if needed, his assistance may not constitute legal advice or the practice of law.  The decision to hire an attorney in Philadelphia, the Pennsylvania counties, New Jersey, New York, or nationwide should not be made solely on the strength of an advertisement. We invite you to contact the Lento Law Firm directly to inquire about our specific qualifications and experience. Communicating with the Lento Law Firm by email, phone, or fax does not create an attorney-client relationship.  The Lento Law Firm will serve as your official legal counsel upon a formal agreement from both parties. Any information sent to the Lento Law Firm before an attorney-client relationship is made is done on a non-confidential basis.

Menu