Students tend to have a lot on their plates, whether they are in school, university, or grad school. The issues and concerns vary by age and educational institution, but keeping up grades, contending with bullying or navigating complicated social structures, and staying out of disciplinary trouble, are problems most students face at some point or the other.
These issues are often compounded in the case of LGBTQ+ students, who are more likely to be bullied or harassed, and even discriminated against by school authorities, especially when it comes to cases involving disciplinary issues or misconduct.
If you or your student is facing any issues involving education law, due to their identity as an LGBTQ+ student, the Lento Law Firm Education Law Team can help. Call us today at 888.535.3686, or use this online form to tell us about your case.
Common Issues Faced By LGBTQ+ Students in School and College
Although educational institutions claim to be inclusive and LGBTQ+ friendly, many LGBTQ+ students are bullied and harassed in school or college. They also face other issues, such as being discriminated against by instructors or their classmates, being treated unfairly or harshly in issues involving misconduct, lack of access to gender-neutral restrooms, lack of social support in the form of counseling and other resources, and so much more.
Sometimes students who are being bullied may retaliate or act out in self-defense and face unfair sanctions by their school or university due to this. It is very important for LGBTQ+ students and their guardians to be able to advocate for their rights because educational institutions do not always have their backs.
Bullying, Harassment, and Discrimination
Bullying and harassment are some of the most common problems LGBTQ+ students face during their education. This can include negative comments and verbal bullying, unwanted physical contact, exclusion from social groups, and rumor spreading. Although universities are required by federal law to prevent instances of bullying that create a hostile environment, they are not always able or willing to step in. Unreported incidents may fly under the radar of school authorities and affect targeted students severely. They may begin to dread going to school and suffer from worsening mental health, poor grades, and low self-esteem.
Aside from bullying and harassment, discrimination can also be another major issue faced by LGBTQ+ students. They can be discriminated against by their peers or even educational staff, despite most universities having a pro-LGBTQ+ public stance.
Your Rights as an LGBTQ+ Student in New Jersey
Even though your educational institution may not always be on your side, the law has your back. There are multiple state and federal laws that protect the rights of LGBTQ+ students. In addition, most universities have their own diversity statements and codes of ethics that champion the rights of LGBTQ+ students. Some of the provisions in place for students include:
- Title IX
Title IX is a federal law that protects students against sexual discrimination or harassment. It states that schools or colleges may not discriminate against any student based on sex or appearance. This includes access to things such as university housing, attending classes, and access to other benefits and resources. Additionally, educational institutions may not unfairly impose sanctions or treat a student differently owing to their sexual orientation or gender identity.
- Procedural and Substantive Due Process Rights in New Jersey
According to New Jersey law, your school or college cannot arbitrarily impose sanctions on you without due process, which usually includes an administrative hearing.
Additionally, students have a right not to face discrimination on the basis of sexual orientation, gender identity, sex, and other protected characteristics, which include disability, pregnancy, race, religion, and beliefs.
- Diversity, Equity, and Inclusion (DEI) Statements
Most universities and schools have some sort of inclusion statement that underlines their commitment to making sure their policies are inclusive and respectful of diversity.
- Other School Policies
Aside from DEI statements, most universities and schools also have policies and codes of conduct that prevent discrimination on the basis of identity. They also prevent and punish behaviors such as bullying, sexual harassment, and creating a hostile environment for a student or group of students.
It is good to be aware of the rules and policies of your school, as well as New Jersey and federal law so that if you are targeted for your identity, you can stand up for your rights.
Why You Need an Education Law Attorney
When students face discrimination, bullying, or unfair sanctions at school due to their gender identity or sexual orientation, it can be very upsetting and confusing. Without deep knowledge of their rights, federal laws protecting LGBTQ+ students, and university processes, it can be very difficult to know what to do. The Lento Law Firm Education Law Team has been helping students deal with education law issues for years and will know exactly what course of action you should take.
Whether it is a question of defending yourself against disciplinary sanctions or lodging a formal complaint against someone who has been bullying you, having an attorney to guide you can make the process very simple and help you attain the best possible outcome.
Share Your Issue with the Lento Law Firm
As a student, it can be difficult to understand how to react to unfair sanctions or discrimination due to your LGBTQ+ identity. The Lento Law Firm can help advocate for your rights and make sure you are not being treated or punished unfairly. With years of experience helping students contend with issues involving education law, the team of skilled attorneys at the Lento Law Firm can do a lot for you – from helping you formulate a defense against unfair sanctions to filing complaints and even lawsuits on your behalf.
Do not think you can effectively protect your rights single-handedly. Schools and universities can sometimes act in an ignorant or even unethical manner and fail to sufficiently safeguard your rights and protect your well-being. Having an attorney can make a huge difference to the outcome of your case, even at the school level. Call us today at 888.535.3686, or use this online form to tell us about your case.
