Data from the Minnesota Office of Higher Education shows that more than 425,000 undergraduate students are enrolled statewide. The vast majority of U.S. schools are subject to compliance with federal Title IX provisions that relate to sexual discrimination and harassment. The 1972 Title IX amendment was implemented by the U.S. Department of Education and is enforced by the Office of Civil Rights (OCR).
Failing to maintain compliance may result in becoming ineligible for critical federal education funding. A designated Title IX Coordinator will implement written policies and procedures explaining how allegations of discrimination are managed. The OCR has long been committed to ensuring that all proceedings are handled fairly and equitably for all parties
Examples of Sexual Discrimination
- Sexual harassment: Unwanted sexually-oriented behavior. Common examples include requests for sexual favors, unwanted advances, and other verbal or nonverbal acts.
- Sexual violence: May include physical acts including rape, sexual battery or coercion perpetrated against a victim that is unwilling or unable to consent.
- Attempts to discourage or hinder someone's ability to participate in any programs or receive benefits based on their gender, gender identity or sexual orientation.
- Intimidating behavior or acts of stereotyping based on someone's gender that creates a hostile educational environment.
Institutional Requirements
Upon receiving a grievance, the designated administrators are to respond promptly and initiate a thorough investigation. The investigation may involve gathering evidence and witness testimony. The accused is to be afforded ample time for preparation and all evidence will be disclosed to them. Parties are typically permitted to choose an advisor to assist and accompany them throughout the proceedings.
Title IX and the LGBTQ Community
It is currently estimated that 10% of undergraduate students now self-identify as being LGBTQ. The OCR has expanded its provisions by stating that protection extends to students regardless of gender identity or sexual orientation. Recently, they clarified the importance of prohibiting discrimination based on “gender identification or failure to conform to stereotypical notions of masculinity or femininity.”
LGBTQ students facing these allegations are encouraged to acclimate themselves with their school's written provisions. Choosing an experienced attorney to serve in this advisory role will better ensure your rights are protected.
The Burden of Proof and Potential Sanctions
The burden of proof traditionally used in these matters is that the allegations be proven by a preponderance of the evidence. Recently, the clear and convincing evidence standard has also been introduced as an option. These are both a lesser standard than beyond a reasonable doubt that applies to criminal matters.
Violators of Title IX provisions may face harsh consequences, such as being suspended or expelled from the institution. Having legal representation is generally encouraged. Your attorney may assist you in preparing effective statements and responses to questions. As importantly, an experienced advisor will be an advocate for an accused student and will protect an accused student's interests through all stages of the process including during the investigation, if a hearing is convened, and if an appeal becomes necessary.
Experienced Advisor for Students in Title IX Disciplinary Actions in Minnesota
Are you facing allegations of violating Title IX provisions at an educational institution in Minnesota? Joseph D. Lento is an attorney that is very familiar with these matters that will work diligently toward a positive outcome. Contact the office today at (888) 535-3686 for additional information.
Minnesota 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:
- Academy College
- Alexandria Technical & Community College
- Anoka Technical College
- Anoka Ramsey Community College
- Argosy University Twin Cities
- Augsburg College
- Bemidji State University
- Bethany Lutheran College
- Bethel University
- Brown College Brooklyn Center
- Brown College Mendota Heights
- Capella University
- Carleton College
- Central Lakes College Brainerd
- Century Community and Technical College
- College of Saint Benedict
- College of Visual Arts
- Concordia College at Moorhead
- Concordia University Saint Paul
- Crossroads College
- Crown College Saint
- Dakota County Technical College
- DeVry University Minnesota
- Duluth Business University
- Dunwoody College of Technology
- Fond du Lac Tribal and Community College
- Globe University Minneapolis
- Globe University Woodbury
- Gustavus Adolphus College
- Hamline University
- Hennepin Technical College
- Herzing University Minneapolis
- Hibbing Community College A Technical and Community College
- Institute of Production and Recording
- Inver Hills Community College
- Itasca Community College
- ITT Technical Institute Brooklyn Center
- ITT Technical Institute Eden Prairie
- Lake Superior College
- Le Cordon Bleu College of Culinary Arts Minneapolis
- Macalester College
- Martin Luther College
- McNally Smith College of Music
- Mesabi Range Community and Technical College
- Metropolitan State University
- Minneapolis Business College
- Minneapolis College of Art and Design
- Minneapolis Community and Technical College
- Minnesota School of Business Blaine
- Minnesota School of Business Brooklyn Center
- Minnesota School of Business Elk River
- Minnesota School of Business Lakeville
- Minnesota School of Business Moorhead
- Minnesota School of Business Plymouth
- Minnesota School of Business Richfield
- Minnesota School of Business Rochester
- Minnesota School of Business Shakopee
- Minnesota School of Business Waite Park
- Minnesota State College Southeast Technical
- Minnesota State Community and Technical College
- Minnesota State University Moorhead
- Minnesota State University Mankato
- Minnesota West Community and Technical College
- National American University Bloomington
- National American University Brooklyn Center
- National American University Roseville
- Normandale Community College
- North Central University
- North Hennepin Community College
- Northland Community and Technical College
- Northwest Technical College
- Northwest Technical Institute
- Northwestern College
- Northwestern Health Sciences University
- Oak Hills Christian College
- Pine Technical College
- Rainy River Community College
- Ridgewater College
- Riverland Community College
- Rochester Community and Technical College
- Saint Cloud State University
- Saint John's University
- Saint Mary's University of Minnesota
- Saint Paul College A Community and Technical College
- South Central College
- Southwest Minnesota State University
- St. Catherine University
- St. Cloud Technical and Community College
- St. Olaf College
- The Art Institutes International Minnesota
- The College of Saint Scholastica
- University of Minnesota Crookston
- University of Minnesota Duluth
- University of Minnesota Morris
- University of Minnesota Rochester
- University of Minnesota Twin Cities
- University of Phoenix Minneapolis/St Paul Campus
- University of St Thomas
- Vermilion Community College
- White Earth Tribal and Community College
- Winona State University
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 Minnesota 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.
