When faced with Title IX allegations, students enter a chaotic world of fluctuating federal laws and colleges and universities that are not required to afford the accused due process. Allegations of sexual assault can have long-lasting effects and damage a student's reputation. Even when students are not found responsible for the misconduct allegations, they may face widespread ostracism on campus that can derail their education.

What is Title IX?

Title IX is a federal civil rights law that prohibits gender and sex-based discrimination—including sexual violence and harassment—in any school or education program that receives funding from the federal government. The U.S. Department of Education has recently moved to institute renewed Title IX enforcement promoted by the Biden Administration, reversing the greater protections afforded to students accused of sexual misconduct by regulations under the Trump Administration. It will allow colleges and universities to pursue broader efforts to impose disciplinary actions for allegations of sexual misconduct by students.

The new federal guidance for Title IX increases a student's risk of an unfair procedure. Although it may take years for certain protections to be rolled back, novel interpretations of the civil rights law mean college and universities could be considering:

• Compelling school employees to pursue allegations based on observation without an initial complaint
• Pursing allegations based on incidents that occur off-campus on private property
• Suspending the accused from campus during pending investigations
• Withholding pre-hearing statements from witnesses that won't be present at disciplinary hearings

Not only may someone accused of sexual misconduct under broader interpretations of Title IX be faced with a school administration that appears as if it presumes guilt, but the accused may also become ostracized by their peers, the student body at-large, teachers, and college staff.

What is Ostracism?

Ostracism, an exclusion of social acceptance by general consent, can leave a student feeling like there isn't anyone on their side. Research from the American Psychological Association shows that ostracism is harmful, whether or not it's deliberate. The allegations can leave students thinking there is no way out of the situation even if they are found not responsible in the end. Sometimes ostracism can lead to harassment and negatively affect a student's performance at school, and the psychological consequences can last into the future.

How Can You Defend Yourself Against Ostracism?

It's imperative that a student accused of sexual misconduct act immediately to mitigate damages. They don't have to face Title IX allegations alone.

If you are a student accused of Title IX misconduct, it's essential to seek the advice of a highly-experienced attorney to guide you through the aspect of a solid defense. Title IX attorney Joseph D. Lento has helped hundreds of students across the country who faced sexual misconduct allegations. Attorney Lento and the Lento Law Firm are ready to mount an aggressive and effective defense to ensure that you receive equal protection under Title IX. Call 888-535-3686 today to schedule a Lento Law Firm consultation or use the online service.