In April of 2024, the Department of Education approved New Title IX rules, which are scheduled to take effect on August 1, 2024. Our firm is closely monitoring ongoing challenges to these new rules in court, and is working hard to provide you the most up-to-date information. Click here to learn about the current state of Title IX and how we can help if you are facing accusations.

A lot of people are under the misapprehension that Title IX doesn't apply to online behavior. After all, Title IX relates to sexual misconduct, and if you're only dealing with others in a virtual sense, how can you be accused of misconduct?

The fact is, sexual misconduct isn't just about our physical actions. Often, assaults and rapes get all the headlines, but what we say to one another can have a long-lasting impact on other people as well, and in some cases, it can be more insidious. More and more, we're using digital platforms for class and even taking whole courses online. That shouldn't lure us into thinking sexual misconduct is a thing of the past.

Defining Sexual Misconduct

If you want to understand how colleges and universities think about sexual misconduct, you have to start by examining Title IX. That's the federal law passed in 1972 that schools used to address most instances of misconduct.

Title IX doesn't explicitly discuss physical misconduct like assault. Here's what the law actually says:

No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.

Over time, “discrimination” has come to mean “harassment,” and harassment has come to mean any type of sexually-motivated offense. As a result, many people now associate the law with physically violent behaviors such as date rape.

However, the history of Title IX reminds us that an act doesn't even have to have a sexual component to be a violation of the law. Any form of cyber-bullying that relies on a person's sex or gender would qualify. That includes calling someone a slut online. It includes posting compromising pictures of someone on social media. It would even include harassing a female student because you don't think women should be taking courses in video game programming.

Current Title IX Guidelines for Online Behavior

Title IX implementation is subject to change from time to time, often as a result of politics. One thing both sides of the ideological spectrum have made clear, though, is that online behavior does constitute a Title IX violation.

Of particular importance, the law does not distinguish between in-person and online education. To emphasize this point, the current guidelines, implemented in 2020, clearly state in the preamble that the phrase “education program activity” “does not create a distinction between sexual harassment occurring in person versus online.”

What to Do if You're Accused of Title IX Allegations

We all have an obligation to put an end to sexual discrimination and harassment. That includes physical harassment. It also includes online harassment.

That said, misunderstandings can and do happen. If you find yourself accused of sexual misconduct, you are entitled to defend yourself, and you're entitled to get help doing it.

Joseph D. Lento is a defense attorney who built his career defending student rights across the United States. To find out how he can help you, contact the Lento Law Firm today at 888-555-3686, or use our automated online form.