Across North Carolina, there are now 149 colleges and universities with a full-time student enrollment that exceeds 400,000 students. These and the majority of U.S. institutions are required to maintain compliance with federal provisions related to Title IX, an amendment established in 1972 by the U.S. Department of Education. Title IX was implemented to address concerns with sexually-based discrimination in educational institutions.
All educational institutions are responsible for establishing written policies and procedures regarding how complaints of sexual discrimination are handled. Federal oversight and enforcement is the responsibility of the Office of Civil Rights (OCR). Schools that do not maintain compliance may lose eligibility for federal educational funding.
Examples of Violations Under Title IX
- Treating an individual or group differently from others based on their sex or perceived sex
- Having inconsistent eligibility requirements for entry to educational programs, campus activities, aid or benefits based on someone's gender, sexual orientation, etc.
- Sexually-based harassment that is committed verbally or nonverbally
- Acts of physical sexual assault such as rape or dating violence
- Acts that intimidate, offend or otherwise create hostility for those in an educational environment
- Providing any forms of support or assistance for groups, agencies or organizations that partake in sexual discrimination
Responding to Complaints
A designated Title IX Coordinator is responsible for compliance. Upon receipt of a complaint, the administration is to respond promptly and initiate an investigation. These investigations involve reviewing the evidence and interviewing any witnesses. Emphasis is placed on ensuring these proceedings are conducted equitably for all parties and free from conflicts of interest.
The accused should also be promptly notified of the complaint and is afforded sufficient time to respond to the allegations. Many schools offer informal or alternative options for resolution such as mediation. Most schools summon all parties to a hearing.
Role of an Advisor
Parties in Title IX proceedings are generally able to choose an advisor to assist and support them amid this process. Depending on individual provisions, this individual may be restricted from active participation in meetings or hearings. The advisor may or may not be an attorney. An experienced attorney will, however, protect a respondent's interests and rights through all stages of the proceedings including during the investigation, if a hearing is held, and if an appeal becomes necessary.
LGBTQ Respondents
Students that identify as LGBTQ now comprise approximately 10% of the total undergraduate enrollment in the U.S. LGBTQ students have often been marginalized in group educational settings. If an LGBTQ student is accused of sexual misconduct, they may experience anxiety and feel uncertain of how to proceed. Retaining an attorney to serve as an advisor is often encouraged.
Ruling on Violations
Responsibility for making a ruling in these matters may be assigned to the Title IX Coordinator, other administrators, a hearing panel composed of students and/or faculty, and others. For allegations to be proven, the evidence must satisfy either a preponderance of the evidence or clear and convincing evidence standard. These are both lesser standards compared to beyond a reasonable doubt that applies in criminal actions.
Potential Sanctions
Those found to have committed violations may face harsh sanctions. Some of the most commonly imposed include suspension or expulsion from the institution. Although it is not required, most schools offer a process for appealing a ruling.
Lawyer Represents Students as an Advisor in Title IX Disciplinary Proceedings
Students in North Carolina faced with allegations of violating their school's Title IX policies may face difficult sanctions or penalties. Joseph D. Lento is an attorney that is well-versed in these matters and can provide effective assistance. You are encouraged to contact the office today at (888) 535-3686.
North Carolina 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
- Alamance Community College
- Apex School of Theology
- Appalachian State University
- Asheville Buncombe Technical Community College
- Barton College
- Beaufort County Community College
- Belmont Abbey College
- Bennett College for Women
- Bladen Community College
- Blue Ridge Community College
- Brevard College
- Brunswick Community College
- Cabarrus College of Health Sciences
- Caldwell Community College and Technical Institute
- Campbell University
- Cape Fear Community College
- Carolina Bible College
- Carolina Christian College
- Carteret Community College
- Catawba College
- Catawba Valley Community College
- Central Carolina Community College
- Central Piedmont Community College
- Chowan University
- Cleveland Community College
- Coastal Carolina Community College
- College of the Albemarle
- Craven Community College
- Davidson College
- Davidson County Community College
- DeVry University North Carolina
- Duke University
- Durham Technical Community College
- East Carolina University
- Edgecombe Community College
- Elizabeth City State University
- Elon University
- Fayetteville State University
- Fayetteville Technical Community College
- Forsyth Technical Community College
- Gardner Webb University
- Gaston College
- Grace College of Divinity
- Greensboro College
- Guilford College
- Guilford Technical Community College
- Halifax Community College
- Harrison College
- Haywood Community College
- Heritage Bible College
- Isothermal Community College
- ITT Technical Institute Cary
- ITT Technical Institute Charlotte North
- ITT Technical Institute Charlotte South
- ITT Technical Institute Durham
- ITT Technical Institute High Point
- James Sprunt Community College
- Johnson & Wales University Charlotte
- Johnson C Smith University
- Johnston Community College
- King's College
- Laurel University
- Lees McRae College
- Lenoir Community College
- Lenoir Rhyne University
- Living Arts College
- Livingstone College
- Louisburg College
- Mars Hill University
- Martin Community College
- Mayland Community College
- McDowell Technical Community College
- Meredith College
- Methodist University
- Mid Atlantic Christian University
- Miller Motte College
- Miller Motte College Cary
- Miller Motte College Fayetteville
- Miller Motte College Greenville
- Miller Motte College Raleigh
- Miller Motte College Wilmington
- Mitchell Community College
- Montgomery Community College
- Montreat College
- Mount Olive College
- Nash Community College
- New Life Theological Seminary
- North Carolina A & T State University
- North Carolina Central University
- North Carolina State University at Raleigh
- North Carolina Wesleyan College
- Pamlico Community College
- Pfeiffer University
- Piedmont Community College
- Piedmont International University
- Pitt Community College
- Queens University of Charlotte
- Randolph Community College
- Richmond Community College
- Roanoke Chowan Community College
- Robeson Community College
- Rockingham Community College
- Rowan Cabarrus Community College
- Saint Augustines College
- Salem College
- Sampson Community College
- Sandhills Community College
- Shaw University
- Shepherds Theological Seminary
- South College Asheville
- South Piedmont Community College
- Southeastern Community College
- Southwestern Community College
- St. Andrews University
- Stanly Community College
- Surry Community College
- The Art Institute of Charlotte
- The Art Institute of Raleigh Durham
- Tri County Community College
- University of North Carolina at Asheville
- University of North Carolina at Chapel Hill
- University of North Carolina at Charlotte
- University of North Carolina at Greensboro
- University of North Carolina at Pembroke
- University of North Carolina at Wilmington
- University of North Carolina School of the Arts
- University of Phoenix Charlotte Campus
- University of Phoenix Raleigh Campus
- Vance Granville Community College
- Wake Forest University
- Wake Technical Community College
- Warren Wilson College
- Wayne Community College
- Western Carolina University
- Western Piedmont Community College
- Wilkes Community College
- William Peace University
- Wilson Community College
- Wingate University
- Winston Salem 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 North Carolina 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.
