Title IX's prohibition against gender discrimination in higher education is wide-reaching. It's intended to cover a host of gender-related issues that create a hostile educational environment, like a disparity in athletic opportunities, inequitable admission, sexual violence, and sexual harassment.
But recently there's been a need to extend the provisions of Title IX to protect a vulnerable demographic of students that desperately need the coverage. LGBTQ+ students are subjected to discrimination, particularly sexual misconduct, at drastically higher rates than their non-queer counterparts.
LGBTQ+ Students as Respondents
The topic of LGBTQ+ students as victims of gender discrimination is one that is routinely explored. But it's rare that people generate conversations surrounding what happens when LGBTQ+ are falsely accused of sexual misconduct. Being apart of a demographic that is already very marginalized while simultaneously being branded a perpetrator of any kind of sexual misconduct can be devastating for queer respondents. Before one can even prove their innocence, society projects a premature judgment onto respondents that will cause some people to treat them poorly.
If you are an LGBTQ+ student who has been accused of sexual misconduct, you are afforded several rights throughout the Title IX process:
- The right to receive notice of the charges brought against you: When a report is submitted to school authorities by an accuser, the institution must inform you of these charges before school processes or disciplinary actions commence. Schools don't always conduct themselves in a fair manner though, however.
- The right to hear a description of the university's evidence against you: In some instances, a college or university may inform you of the charges brought against you, but they provide little information about the evidence. In order for you to adequately defend yourself, you must be aware of all the evidence that will be used against you. When this information is not available, the process can't be fair or impartial.
- The right to have your case heard under standard procedures used for all similar cases: This right guarantees that all cases are mitigated in a standardized and consistent fashion across the board.
- The right to present your account of events to an impartial panel: The importance of having a panel that isn't biased in any form or fashion cannot be understated.
- The right to certain student services: You should not be denied access to counseling services or any other services offered by the school.
- The right to have an attorney present during the hearing: Just about every higher education institution gives the accused the option of having an “advisor” to assist them during school processes and hearings. Many students hire a lawyer to be their advisor to ensure that their rights are fully protected and to send the message to schools that they are being watched for possible misconduct.
The Effects of Stereotypes and Prejudices
Many LGBTQ+ students struggle to gain acceptance on college campuses in the first place. With these allegations attached to their name, the small community they once found refuge in may reject them, further isolating them. Not to mention that they're less likely to garner any type of sympathy due to society's perpetuation of stereotypes and false characterizations of their sexuality. To many, LGBTQ+ people are perceived as over-sexualized and impulsive with uncontrollable sexual urges. When people start to believe these stereotypes, it creates an even more dangerous environment for queer respondents who are already prone to being bullied and minimizes the likelihood of people believing their side of the story.
Unfortunately, innocent LGBTQ+ respondents often times aren't afforded any source of support. It's not unusual for their own family and friends, who may or may not secretly harbor feelings of prejudice, to question their innocence. This is why if you are a queer respondent, you absolutely need the legal guidance of a student defense attorney.
Student Defense Attorney Helping Clients in Utah
If you are an LGBTQ+ student in Utah whose been accused of sexual misconduct, it may seem like you're in the Title IX process alone. But you can retain an advocate who will be on your side, regardless of your sexual orientation or gender identity. Attorney Joseph D. Lento has dedicated his entire life to helping students of all demographics put up a fight when falsely accused of sexual misconduct. He'll help you gather facts, testify, and gain an understanding of your school's policies and processes so you have a fighting chance. Contact him today at 888-535-3686.
Utah colleges and universities where Joseph D. Lento can help as your or your LGBTQ+ student's Title IX advisor during investigations, hearings, and appeals include, but are not limited to, the following schools:
- AmeriTech College Draper
- Argosy University Salt Lake City
- Brigham Young University Provo
- Broadview Entertainment Arts University
- Broadview University Layton
- Broadview University Orem
- Broadview University West Jordan
- DeVry University Utah
- Dixie State College of Utah
- Eagle Gate College Layton
- Eagle Gate College Murray
- Eagle Gate College Salt Lake City
- Fortis College Salt Lake City
- Independence University
- ITT Technical Institute Murray
- Latter day Saints Business College
- Neumont University
- Provo College American Fork
- Provo College Provo
- Salt Lake Community College
- Snow College
- Southern Utah University
- Stevens Henager College of Business Provo
- Stevens Henager College Logan
- Stevens Henager College Murray
- Stevens Henager College Ogden
- The Art Institute of Salt Lake City
- University of Phoenix Utah Campus
- University of Utah
- Utah State University
- Utah State University College of Eastern Utah
- Utah Valley University
- Weber State University
- Westminster 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 Pennsylvania, New Jersey, and New York, and serves as a Title IX advisor to students facing Title IX and disciplinary cases in Utah 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.