There are currently 26 colleges and universities in Nevada with an annual enrollment of more than 65,000 students. Educational institutions that wish to remain eligible for federal funding must comply with Title IX provisions. This was a 1972 amendment implemented by the U.S. Department of Education and overseen by the Office of Civil Rights (OCR). The provisions require that schools develop policies and procedures for handling allegations of sexually-based discrimination.
Examples of Violations
Gender-based harassment in an educational environment may be committed by students, staff, faculty or people visiting an institution. Acts of harassment may include sexual advances or appeals for sexual favors. These acts may be committed verbally, nonverbally or physically.
Sexual violence involves physical acts against an unwilling party. The victim may be incapable of consenting to engage in sexual activity. This inability applies to those who are underage, significantly intoxicated by drugs or alcohol or those with mental incapacity. Forms of sexual violence may include rape, sexual battery, and coercion.
Other prohibited acts include slurs, threats, and other actions that create a hostile environment. Discrimination may involve unfairly denying entry to or preventing access or participation in various educational opportunities or other campus activities.
Designation of Title IX Coordinator
Schools designate a Title IX Coordinator that is responsible for receiving complaints and maintaining compliance. All written procedures must be made easily accessible to students, faculty, and staff. After receiving an allegation, the staff is responsible for promptly investigating. The investigation may involve witness testimony and the accused is to be provided a written description of all allegations.
LGBTQ Respondents
An estimated 10% of undergraduate students identify as lesbian, gay, bisexual, transgender, questioning or queer (LGBTQ). If an LGBTQ student is falsely accused of acts of sexual misconduct they may feel susceptible to premature judgments based on stereotypes that wrongly characterize them. Most institutions allow parties to choose an advisor for assistance and support. In these instances, the student may benefit tremendously by having an attorney assume this role.
Hearings and Decisions
Many institutions conduct a hearing attended by all parties to resolve these matters. An advisor may accompany the parties to these proceedings; however, they may be restricted to some extent from active participation. Regardless, an experienced attorney will likely ensure the respondent is well prepared to make clear statements and effectively respond to questions. An experienced attorney will also protect an accused student's interests through all stages of the proceedings including during the Title IX investigation, when a hearing is convened, and if an appeal becomes necessary to seek recourse.
To be proven, the evidence must satisfy a preponderance of the evidence or clear and convincing evidentiary standard. The Title IX Coordinator or another administrator may have responsibility for making a ruling. Some schools use a hearing panel composed of several individuals.
Potential Penalties
The most commonly imposed sanctions on violators are either suspension or expulsion from the institution. Those who are subject to an adverse ruling may have an option for appealing the ruling.
Effective Advisory Representation for Students in Title IX Disciplinary Proceedings
Joseph D. Lento is an attorney that has accumulated a wealth of experience acting as an advisor for students in Nevada faced with allegations such as sexual misconduct. He will ensure that your rights are protected and act on your best interests. You are encouraged to contact the office at (888) 535-3686 today.
Nevada 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
- College of Southern Nevada
- DeVry University Nevada
- Everest College Henderson
- Great Basin College
- International Academy of Design and Technology Henderson
- ITT Technical Institute Henderson
- ITT Technical Institute Las Vegas
- Le Cordon Bleu College of Culinary Arts Las Vegas
- Morrison University
- Nevada State College
- Sierra Nevada College
- The Art Institute of Las Vegas
- Truckee Meadows Community College
- University of Nevada Las Vegas
- University of Nevada Reno
- University of Phoenix Las Vegas Campus
- University of Phoenix Northern Nevada Campus
- Western Nevada 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 Nevada 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.
