Idaho now has 15 colleges and universities and several postsecondary technical and trade institutions. Total undergraduate enrollment statewide now exceeds 100,000. U.S. schools must comply with Title IX. This amendment was implemented in 1972 and contains guidelines and procedures regarding sexually-based discrimination.
Schools must implement written policies and procedures that relate to how complaints of sexual discrimination are handled. Overall enforcement is the responsibility of the Office of Civil Rights (OCR). Schools that fail to adhere to Title IX provisions place themselves at risk of being denied eligibility for critical federal funding.
Institutions can use their discretion in creating various aspects of their Title IX procedures. Institutions must designate a Title IX Coordinator that is responsible for promptly investigating complaints. The investigation process may involve interviewing witnesses.
The school may choose to use either the preponderance of the evidence or clear and convincing evidence standards for these matters. Schools also may allow for informal options of resolution such as mediation. There is also no requirement that an appeals process be available
Understanding an “Equitable” Investigation
The burden is placed on the institution to evaluate the evidence and reach an impartial decision regarding the alleged misconduct. Guidelines state that any “rights and opportunities” available to one party are made available to others. The accused party is also to be afforded adequate time to prepare.
Examples of Sexual Discrimination
- Sexual harassment: Includes many types of unwanted sexually-based conduct. Examples include requests for sexual favors, advances, and other acts made verbally or nonverbally.
- Sexual violence: These are physical acts such as rape, sexual battery or coercion. Victims are unwilling or are unable to legally give consent.
- Acts that prevent or deny access or participation to someone based on their gender, gender identity, or sexual orientation.
- Acts that intimidate or stereotype victims based on their gender and create a hostile educational environment
Title IX and the LGBTQ Community
The OCR has addressed how Title IX protections apply regardless of an individual's gender or sexual orientation. For example, Title IX applies to allegations of discrimination related to “gender identification or a failure to conform to stereotypical notions of masculinity or femininity.”
Allegations Against LGBTQ Students
It is now estimated that LGBTQ students compose 10% of the total undergraduate student enrollment in the U.S. Administrators responsible for investigating allegations are increasingly overworked and may move hastily without regard for the rights of the accused student. LGBTQ students that face allegations of violating Title IX are encouraged to consult with an attorney that has experience in these disciplinary matters because too much is at stake and the playing field needs to be leveled at all stages of the proceedings including during an investigation, if a hearing is convened, and if an appeal becomes necessary.
Disposition or Resolution of Title IX Complaints Involving LGBTQ Parties (2010-2018)
Matter was dismissed
Closed by administration
Closed with changes made
Evidence was insufficient to prove a violation
A resolution was reached in the preliminary
Choosing an Advisor
All parties typically may choose an advisor to assist them. This is a role that is often intended to be supportive rather than active. Retaining an experienced attorney is strongly suggested in many cases. Your attorney may assist with preparing effective statements, guidance on responding to the questions that you are likely to encounter and much more.
Experienced Advisor for Students in Title IX Actions in Idaho
Are you the subject of disciplinary actions involving Title IX at an educational institution in Idaho? Joseph D. Lento is a lawyer that is very familiar with these proceedings and can work to create a positive outcome. You are encouraged to contact the office today at (888) 535-3686.
Idaho 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
- Boise Bible College
- Boise State University
- Brigham Young University Idaho
- Broadview University
- Brown Mackie College Boise
- College of Southern Idaho
- CollegeAmerica Stevens Henager College
- Eastern Idaho Technical College
- Idaho State University
- ITT Technical Institute Boise
- Lewis Clark State College
- North Idaho College
- Northwest Nazarene University
- Stevens Henager College
- The College of Idaho
- University of Idaho
- University of Phoenix Idaho Campus
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, Pennsylvania, and New York and serves as a Title IX advisor to students facing Title IX and disciplinary cases in Idaho 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.