Title IX is a federal law that prohibits gender discrimination in federally funded colleges and universities. It's a wide-reaching law that is intended to remedy numerous gender-related issues that create a hostile educational environment, such as a disparity in athletic opportunities, inequitable admission, sexual violence, sexual harassment and more.
LGBTQ+ students experience gender discrimination significantly more than their non-queer counterparts. This is why Title IX has expanded its provisions to specifically protect these students.
LGBTQ+ Students as Respondents
The victimhood of LGBTQ+ students in incidents alleging sexual misconduct is a narrative that has been retold over and over again. But a topic that's rarely explored is what happens when LGBTQ+ students are falsely accused of sexual misconduct. Being apart of a demographic that is already incredibly marginalized while simultaneously being branded a perpetrator of any kind of sexual misconduct can be devastating for queer respondents.
The Impact of Stereotypes of Prejudices on Title IX Cases
LGBTQ+ students already have trouble gaining acceptance on college campuses in general. 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 people, people who aren't straight are perceived as over-sexualized and impulsive with uncontrollable sexual urges. When people harbor and believe these stereotypes, they create a dangerous environment that makes them feel justified in bullying queer respondents, and not believing their side of the story.
Your Rights
If you are an LGBTQ+ student who has been accused of sexual misconduct, you are afforded multiple 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 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 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 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 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.
Retaining an attorney is the only way to ensure these rights are protected and ensure that the process remains fair because your rights and interests will be protected through the investigation, if a hearing is held, and if an appeal becomes necessary.
Student Defense Attorney Helping Clients in Wisconsin
If you are an LGBTQ+ student in Wisconsin 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.
Wisconsin 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:
- Alverno College
- The Art Institute of Wisconsin
- Bellin College
- Beloit College
- Blackhawk Technical College
- Bryant and Stratton College Glendale
- Bryant and Stratton College Milwaukee
- Bryant and Stratton College Wauwatosa
- Cardinal Stritch University
- Carroll University
- Carthage College
- Chippewa Valley Technical College
- College of Menominee Nation
- Concordia University Wisconsin
- DeVry University Wisconsin
- Edgewood College
- Fox Valley Technical College
- Gateway Technical College
- Globe University Appleton
- Globe University Eau Claire
- Globe University Green Bay
- Globe University La Crosse
- Globe University Madison East
- Globe University Madison West
- Globe University Wausau
- Herzing University Brookfield
- Herzing University Kenosha
- Herzing University Madison
- ITT Technical Institute Green Bay
- ITT Technical Institute Greenfield
- ITT Technical Institute Madison
- Lac Courte Oreilles Ojibwa Community College
- Lakeland College
- Lakeshore Technical College
- Lawrence University
- Madison Area Technical College
- Madison Media Institute
- Maranatha Baptist Bible College
- Marian University
- Marquette University
- Mid State Technical College
- Milwaukee Area Technical College
- Milwaukee Institute of Art & Design
- Milwaukee School of Engineering
- Moraine Park Technical College
- Mount Mary College
- Nicolet Area Technical College
- Northcentral Technical College
- Northeast Wisconsin Technical College
- Northland College
- Northland International University
- Ripon College
- Saint Norbert College
- Sanford Brown College West Allis
- Silver Lake College of the Holy Family
- Southwest Wisconsin Technical College
- University of Phoenix Madison Campus
- University of Phoenix Milwaukee Campus
- University of Wisconsin Colleges
- University of Wisconsin Eau Claire
- University of Wisconsin Green Bay
- University of Wisconsin La Crosse
- University of Wisconsin Madison
- University of Wisconsin Milwaukee
- University of Wisconsin Oshkosh
- University of Wisconsin Parkside
- University of Wisconsin Platteville
- University of Wisconsin River Falls
- University of Wisconsin Stevens Point
- University of Wisconsin Stout
- University of Wisconsin Superior
- University of Wisconsin Whitewater
- Viterbo University
- Waukesha County Technical College
- Western Technical College
- Wisconsin Indianhead Technical College
- Wisconsin Lutheran 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 Wisconsin 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.
