If you are involved in an incident of sexual misconduct off campus, you can still be held accountable by your university. Under Title IX, any sexual violence that interferes with a student's ability to pursue their education is considered a violation of Title IX, and schools must investigate it.

What Is Title IX?

Title IX is a federal regulation that orders federally funded schools to follow specific guidelines for how to investigate and adjudicate incidents of gender-based discrimination, including sexual misconduct. Sexual misconduct is usually defined as acts of sexual harassment, sexual assault, sexual violence, date rape, stalking, and exploitation.

There are times when schools fail to properly address a student's complaint of sexual misconduct. When this happens, the school can be held liable and potentially lose its federal funding. As such, most schools are very particular about adjudicating Title IX complaints.

Title IX Procedure

If a student or faculty member is accused of a Title IX violation, even if the incident occurred off campus, the university must conduct an informal investigation to determine if the incident matches the Title IX rules. When the school believes a Title IX offense is likely, they will hold more formal investigations and organize hearings where both sides will be given the opportunity to be heard. The accused student has the right to present evidence and witnesses to advocate on their behalf.

Once all the information is heard, the committee in charge will decide, based on a preponderance of the evidence, whether the student is responsible for a Title IX violation. If they are, the student will be subject to a punishment, which could include anything from a warning letter or academic probation to suspension or expulsion from the university.

How an Attorney-Advisor Can Help

Unfortunately, many students believe that they can take on these proceedings by themselves. Representing yourself in such a fashion can cause more harm than good. Students who represent themselves tend to be less prepared than those that work with an attorney-advisor. Because of this, they suffer harsher than necessary consequences. And for students who are suspended or expelled because of these accusations, the punishment is noted on their final transcript. When they try to apply to a new school or graduate program to continue their education, they will have to explain the proceeding on every application.

If you or someone you love has been accused of sexual misconduct that took place off campus, but your school is trying to discipline you, an attorney-advisor can help. Attorney Joseph D. Lento and the Lento Law Firm have spent years helping hundreds of students and professors in similar situations. They understand the unique complexities a Title IX violation hearing can bring. Attorney Lento and his expert team will gather evidence and witness testimony to provide you with the best possible outcome for your case. Call 888-535-3686 today or schedule a consultation online. The Lento Law Firm can help.