Data shows that 75% of high school graduates in Georgia enroll at a postsecondary educational institution within approximately two years. All educational institutions seeking to remain eligible for federal funding must comply with Title IX. This amendment was implemented by the U.S. Department of Education in 1972 and is overseen by the Office of Civil Rights (OCR). The provisions require that schools establish policies and procedures for handling allegations relating to sexually-based discrimination.
Examples of Violations
Sexual or gender-based harassment in an educational setting may be committed by students, staff, faculty or others visiting the institution. Harassment may involve unwanted advances or appeals for favors that are sexual. These actions may be verbal, nonverbal or physical.
Sexual violence involves a perpetrator that commits sexual acts against an unwilling party. It also may occur when the victim is incapable of consenting to participate in sexual activity. This incapability applies to those who are too young to legally grant consent, significantly impaired by drugs or alcohol or have a mental disability that renders them incapable of consenting. Some forms of sexual violence include rape, sexual battery, and coercion.
Gender-oriented harassment is behavior that is based on the sex of the victim or the perception of their sex. Often this activity involves slurs, threats, and other acts that create a hostile environment. Discrimination may occur when someone is unfairly denied entry to or otherwise prevented from participating in educational opportunities or other school-related activities.
Designation of Title IX Coordinator
Schools will name a Title IX Coordinator that may receive complaints and maintain compliance. The written policies and procedures are established and made available to students, faculty, and staff. After receiving a complaint (allegation), staff from this office is responsible for beginning to investigate promptly.
Religious Institutional Exemptions
Some educational institutions are granted an exemption from Title IX compliance. One example is a school that is affiliated with a religious group whose beliefs are not consistent with Title IX provisions. For example, some organizations may not offer access to training for ministry leadership roles to women because these roles are exclusively reserved for men according to their tenets.
Allegations Against LGBTQ Students
Recent estimates indicate that 10% of those enrolled at postsecondary educational institutions identify as LGBTQ. If an LGBTQ student is accused of violations such as sexual misconduct, they may experience unfavorable treatment. This may be the result of false characterizations or stereotypical perceptions.
Those who are the subject of allegations are encouraged to consult with an attorney that is familiar with these disciplinary actions. An attorney is generally permitted to serve as an advisor in these matters. The majority of schools allow for all parties to choose an advisor that acts in some supportive role and may accompany you to any proceedings.
Disciplinary Process
Traditionally, the evidentiary standard used has been by a preponderance of the evidence. Recent federal guidelines explain that schools may now use a clear and convincing evidence standard as well. Those who are determined to have committed violations may face difficult sanctions such as being suspended or expelled. An experienced advisor can help level the playing field during the investigation, if a hearing is convened, and if an appeal becomes necessary.
Seasoned Attorney Acts as an Advisor for Students in Title IX Disciplinary Matters
Are you a student that is subject to disciplinary actions relating to a violation of Title IX at an educational institution in Georgia? You deserve assistance from a lawyer that is well-versed in these actions. Contact the office of the Lento Law Firm today at (888) 535-3686.
Georgia colleges and universities where Joseph D. Lento can help as your or your gay or lesbian student's Title IX advisor during investigations, hearings, and appeals include, but are not limited to, the following schools
- Abraham Baldwin Agricultural College
- Agnes Scott College
- Albany State University
- Albany Technical College
- Altamaha Technical College
- American InterContinental University Atlanta
- Andrew College
- Argosy University Atlanta
- Armstrong State University
- Athens Technical College
- Atlanta Metropolitan College
- Atlanta Technical College
- Augusta State University
- Augusta Technical College
- Bainbridge College
- Bauder College
- Berry College
- Beulah Heights University
- Brenau University
- Brewton Parker College
- Brown College of Court Reporting
- Brown Mackie College Atlanta
- Carver Bible College
- Central Georgia Technical College
- Chattahoochee Technical College
- Clark Atlanta University
- Clayton State University
- College of Coastal Georgia
- Columbus State University
- Columbus Technical College
- Covenant College
- Dalton State College
- Darton College
- DeVry University Georgia
- East Georgia College
- Emmanuel College
- Emory University
- Everest Institute Norcross
- Fort Valley State University
- Fortis College
- Gainesville State College
- Georgia Christian University
- Georgia College & State University
- Georgia Gwinnett College
- Georgia Highlands College
- Georgia Institute of Technology Main Campus
- Georgia Military College Atlanta Campus
- Georgia Military College Augusta Campus
- Georgia Military College Columbus Campus
- Georgia Military College Milledgeville Campus
- Georgia Military College Valdosta Campus
- Georgia Military College Warner Robins Campus
- Georgia Northwestern Technical College
- Georgia Perimeter College
- Georgia Piedmont Technical College
- Georgia Southern University
- Georgia Southwestern State University
- Georgia State University
- Gordon College
- Gupton Jones College of Funeral Service
- Gwinnett College Lilburn
- Gwinnett Technical College
- Herzing University Atlanta
- Interactive College of Technology Chamblee
- ITT Technical Institute Atlanta
- ITT Technical Institute Duluth
- ITT Technical Institute Kennesaw
- Kennesaw State University
- LaGrange College
- Lanier Technical College
- Le Cordon Bleu College of Culinary Arts Atlanta
- Life University
- Luther Rice University
- Macon State College
- Mercer University
- Middle Georgia College
- Middle Georgia Technical College
- Miller Motte Technical College
- Miller Motte Technical College Columbus
- Miller Motte Technical College Macon
- Morehouse College
- Moultrie Technical College
- North Georgia College & State University
- North Georgia Technical College
- Oconee Fall Line Technical College
- Ogeechee Technical College
- Oglethorpe University
- Okefenokee Technical College
- Paine College
- Piedmont College
- Point University
- Reinhardt University
- Sanford Brown College Atlanta
- Savannah College of Art and Design
- Savannah State University
- Savannah Technical College
- Shorter University
- Shorter University College of Adult & Professional Programs
- South Georgia College
- South Georgia Technical College
- South University Savannah
- South University Savannah Online
- Southeastern Technical College
- Southern Crescent Technical College
- Southern Polytechnic State University
- Southwest Georgia Technical College
- Spelman College
- The Art Institute of Atlanta
- Thomas University
- Toccoa Falls College
- Truett McConnell College
- University of Georgia
- University of Phoenix Atlanta Campus
- University of Phoenix Augusta Campus
- University of Phoenix Columbus Georgia Campus
- University of Phoenix Savannah Campus
- University of West Georgia
- Valdosta State University
- Virginia College
- Virginia College Augusta
- Waycross College
- Wesleyan College
- West Georgia Technical College
- Westwood College Atlanta Midtown
- Westwood College Northlake
- Wiregrass Georgia Technical College
- Young Harris College
Approximately 10% of college students in the United States identify as gay, lesbian, bisexual, trans, or questioning according to studies and LGBTQ+ students should not feel alone when accused of sexual misconduct. As importantly, they should they not face such burdens alone or without the necessary support and guidance.
The reason LGBTQ+ students should not go through the Title IX process alone is because, as with all students accused of sexual misconduct, Title IX allegations and charges can change an accused student's life if not defended against properly and as early as possible during the disciplinary process. It is critical to have a dedicated and experienced advocate when facing a challenge in life and Joseph D. Lento has more than a decade of experience passionately fighting for the future of LGBTQ+ students at universities and colleges throughout the nation. He does not settle for the easiest outcome, and instead, prioritizes his clients' needs and well-being. Joseph Lento is a licensed attorney in New Jersey and New York and serves as a Title IX advisor to students facing Title IX and disciplinary cases in Georgia and throughout the nation. Make certain your or your student's interests are protected - Contact National Title IX attorney Joseph D. Lento today at 888-535-3686.
