Gender Discrimination and Transgender Rights in Title IX Cases

Posted by Joseph D. Lento | Jul 14, 2021 | 0 Comments

New presidential administrations initiate reforms starting with the most hot-button topics to show where their parties stand on social issues. Two examples of these issues are transgender rights and Title IX laws – and recent reinterpretations of Title IX prohibitions initiated by President Biden manage to combine both.

All students have the right to study and attend a safe campus free from the fear of sexual assault. At the same time, students should also have faith that their college administrations will afford them the same protections and rights if they face accusations of assault.

The former administration under President Trump excluded protections for transgender students in Title IX laws. The reason for the exclusion was that sex discrimination follows the “plain meaning of the word ‘sex' as male and female and as determined by biology.”

The new changes increase protections for transgender students. Still, the politically sensitive issue may place accused students at a disadvantage – even when they're innocent.

Facing Gender-Based Title IX Cases

Students facing allegations of campus sexual assault could fall victim to overzealous attempts at demonstrating compliance regarding a social issue. Transgender rights is one such issue, but students accused of sexual assault still deserve a fair hearing. Some college administrations are so eager to project an equitable image that they end up doing the opposite, throwing the accused under the bus for the sake of publicity.

The recent amendment in the scope of protection under Title IX laws doesn't change the fact that accused students have the right to due process and fair treatment. In other words, all students deserve to feel safe regardless of their gender. However, what is at risk is the chance that accused students will get a fair hearing if their college is eager to prove a social point to the press.

Steps to Effectively Handle Accusations

College administrations want to attract more students and grants, and transphobic publicity damages the image they project. To show their commitment to non-discrimination, accused students don't receive protection or due process and fall victim to bias and procedural errors.

If you face accusations of campus sexual misconduct in a sensitive gender-based case, make sure to do the following:

  • Contact a Title IX Attorney like Joseph D. Lento as soon as you receive notice of the allegations
  • Avoid contacting the accuser or making statements about them or their gender
  • Avoid making statements about the case to the press if it is a high-profile case
  • Do not discuss the case with friends, acquaintances, or peers
  • Review your school's Title IX policy and make sure you prepare in advance for the hearing
  • Gather evidence, witnesses, statements, and information that help with defense
  • Maintain a low profile and consider temporarily deactivating social media profiles
  • Do not delay filing appeals and stay within the deadlines enforced by your school administration

Campus sexual assault cases can ruin your life or that of someone you love. Call the Lento Law Firm today for help at 888-535-3686.

About the Author

Joseph D. Lento

"I pride myself on having heart and driving hard to get results!" Attorney Joseph D. Lento passionately fights for the futures of his clients nationwide. Mr. Lento represents students and others in disciplinary cases and other proceedings at colleges and universities across the United States. Mr. Lento has helped countless students, professors, and others in academia at more than a thousand colleges and universities across the United States, and when necessary, he has sought justice on behalf of clients in courts across the nation. He does not settle for the easiest outcome, and instead prioritizes his clients' needs and well-being. Joseph D. Lento is licensed in Pennsylvania, New Jersey, and New York, is admitted pro hac vice as needed nationwide, and he can help you or your student address school-related issues and concerns anywhere in the United States.


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