Among the many pressures that high schoolers can face, few are as stressful and daunting (both for students and their parents) as when the student is accused of a Title IX violation. Every school that receives federal funding (including public and many private K-12 schools) has a legal obligation to follow federal Title IX protocols, including aggressively investigating and penalizing alleged incidents of sexual misconduct by students. With the new expansive Title IX rules announced by the Biden Administration coming into effect as of August 1, 2024, schools are being forced to revert back to Obama-era interpretations of Title IX policies, which often made it quite challenging for accused students to mount a solid defense against false allegations. If disciplinary action results, it can be extremely detrimental to the student's future prospects.
If you're a high school student accused of misconduct under Title IX--or the parent of such a student--not only do you need to understand what your rights are, but you also must know how to navigate the situation with care and caution. In the name of affording more protections for victims of sexual harassment and discrimination, it's not uncommon for schools to violate the due process rights of the accused in their efforts to comply with Title IX protocols. The best way to avoid these outcomes is by having a skilled and experienced Title IX student defense attorney in your corner. The Student Defense Team at the Lento Law Firm has helped many high school students and their families navigate the most complex Title IX case. We are always current with the latest guidance on Title IX rules, and we advise our clients on how best to defend themselves and achieve fair outcomes while making sure their rights are protected. To schedule an appointment, call us at 888-535-3686 or complete our online form.
Understanding Title IX
Title IX is a federal law enacted as part of the Civil Rights Act of 1964 to prohibit gender discrimination in any education program or activity receiving federal financial assistance. The law applies to all federally funded institutions, including public and private high schools, colleges, and universities. Over the years, the definition of gender discrimination has expanded to include sexual discrimination, harassment, and assault--including acts of sexual misconduct perpetrated by students.
The rules for enforcing Title IX are typically interpreted and re-interpreted by different incoming presidential administrations. Where the rules handed down during the Obama administration sought more stringent protections for victims (making defending against allegations more difficult), the Trump administration relaxed many of these policies and instead implemented more safeguards to protect those who might be falsely accused. With the Biden administration's new rules, the pendulum is swinging again more toward an Obama-era approach. Schools are under constant pressure to comply with the enforcements required by Title IX rules--no matter how stringent or unfair--because failure to do so could mean a loss of federal funding.
Changes in Title IX Rules
This past spring, the Biden administration published a comprehensive overhaul of Title IX rules. These rules, contained in documents that span more than 1500 pages, will likely have far-reaching implications for schools that receive federal funding. The aim of these rules is to fall in line with the non-discrimination principle inherent in Title IX, but in the process, they also rescind certain safeguards established by the previous administration. Schools are granted until August 1, 2024, to realign their internal policies and procedures with these new rules. In the end, these changes will have a ripple effect on everyone within the educational sphere, including students, educators, professors, administrators, and other school personnel across all tiers of education. Let's take a closer look at some of the changes most likely to impact students accused of misconduct.
Expanded Definitions of Title IX Student Misconduct
The new Title IX rules have broadened the scope of what constitutes student misconduct. Previously, the focus was primarily on sexual harassment, but the new rules broadened this to encompass any form of harassment related to sex, sex stereotypes, or sex characteristics. This change means that a wider range of behaviors and statements could now be considered violations of Title IX.
Changes in What Constitutes Sexual Harassment
The new rules redefine what constitutes a violation under Title IX. Where the previous administration's rules defined a Title IX violation as “severe, pervasive, and objectively offensive," a violation is now defined as conduct that is "sufficiently severe or pervasive to limit or deny a student's ability to participate in or benefit from a recipient's education program or activity," effectively creating a hostile environment. This broader definition means that schools must address a wider range of behaviors that could impact a student's educational experience.
Definitions Expanded to Include More LGBTQ+ Categories
Under the language of the new rules, additional protections have been extended against sex discrimination for students related to "sexual orientation" and "gender identity." Schools are now mandated to protect students from harassment or discrimination based on these characteristics, which could include statements or actions perceived as hostile to LGBTQ+ identities. While these rules intend to protect more vulnerable students against forms of harassment that might before have fallen through the cracks, they also have the potential to label certain forms of dissenting speech as a Title IX violation that may not have been intended to discriminate against the LGBTQ+ community, but rather as a form of freedom of speech.
Extended Protections for Transgender Students
The question of the accommodation of transgender students has long been a hot-button issue, especially in the areas of student athletics and gender-assigned restrooms. Under the most recent Title IX rules, however, certain forms of dissenting speech that transgender students find offense may be potentially construed as harassment under Title IX. This even includes refusing to refer to a transgender student by their chosen pronouns.
Extended Protections for Pregnant Students and Students who are Parents
Title IX has always protected pregnant students and students who are parents, but the new rules reinforce and expand these protections. Discrimination or harassment based on pregnancy or related conditions is now explicitly prohibited, ensuring that these students receive equal treatment and opportunities in their educational environments.
Lower Standard of Proof for Title IX Violations
One of the most significant changes in the new Title IX rules is the lowering of the standard of proof required to determine a violation. Specifically, schools are now required to change the standard from "clear and convincing evidence" of wrongdoing to the "preponderance of the evidence" standard. This effectively means the school must find a student in violation if it is only 51 percent more likely than not that the alleged misconduct occurred.
Relaxed Rules for Investigating Title IX Misconduct
The new Title IX rules relax the requirements for investigating Title IX complaints. Schools have more flexibility in how they conduct investigations and are not required to follow as stringent procedures as before. While this may expedite the process, it raises concerns about the thoroughness and fairness of investigations. In addition--quite notably--the live hearing requirement established by the Trump administration (requiring accusers to face the accused) has now been eliminated, allowing schools to determine whether a violation occurred by other means. This change aims to reduce the potential trauma for victims but may also impact the accused student's ability to present their case effectively.
Impact on High School Students Accused of Title IX Violations
The changes introduced by the new Title IX rules will have significant implications for high school students accused of sexual misconduct. Understanding these impacts is crucial for navigating the new regulatory landscape and ensuring that student's rights are protected.
Broadened Scope of Misconduct
With the expanded definitions and protections, high school students may find themselves facing accusations for a wider range of behaviors. This broadened scope means that statements or actions that previously might not have been considered violations could now lead to serious consequences--even alleged conduct that was misconstrued or misinterpreted. It is more important than ever for students to be aware of their conduct and understand the potential implications of the new rules.
Increased Risk of Accusations
The lowered standards for what constitutes sexual harassment and the reduced burden of proof mean that students are at an increased risk of facing allegations. The subjective nature of the new definitions, which rely on the perception of the accuser, could lead to more frequent and potentially less substantiated claims.
Increased Risk of Unjust Outcomes
Between the new Title IX rules' expanded definitions and a lower standard of proof, there is an increased risk of unjust outcomes. Accused students may face disciplinary actions, including suspension or expulsion, based on less rigorous evidence. This can have long-lasting effects on their academic and professional future.
Procedural Challenges
The shift to a single-investigator model and the elimination of live hearings pose significant procedural challenges. Students accused of Title IX violations may not have the opportunity to cross-examine their accusers or present their defense in a live hearing. This lack of procedural safeguards can result in biased investigations and unjust outcomes.
Potential Violation of Due Process Rights
The updated Title IX rules could potentially violate the due process rights of accused students. The lower standard of proof, relaxed investigation procedures, and elimination of live hearings may create an environment where students are found guilty without a fair opportunity to defend themselves.
Implications for High School Students Found Guilty of Title IX Violations
Parents, don't underestimate the gravity of a Title IX allegation, even at the high school level. If your high school student is found guilty of sexual misconduct under Title IX, the consequences for such actions are often suspension or expulsion from the school. At best, these penalties could disrupt your child's academic progress; at worst, they could derail it completely. An expulsion can have the following impacts on your child's education:
- Make it more difficult to enroll in another high school to complete their diploma;
- Limit their options for acceptance into college or university;
- Disqualify them from financial aid; and
- Ultimately hurt their job and career prospects.
How the Lento Law Firm Can Help
With so much at stake, your best option for protecting your child's future against Title IX allegations is by obtaining legal counsel from an education law attorney, preferably one with specific experience in handling Title IX disputes. At the Lento Law Firm, our Student Defense Team has helped many students nationwide who are facing potential disciplinary actions over Title IX violations. Our team understands the intricacies of the current Title IX rules and can provide comprehensive legal support to ensure your student receives fair treatment and their rights are protected throughout the Title IX process.
Our Student Defense Team will:
- Evaluate the complaint against your student and the evidence on which the complaint is based;
- Conduct a thorough independent investigation to ascertain the validity of the complaint;
- Gather a body of evidence to refute the claim and gather witnesses to bolster your defense;
- Provide sound advice to parents and students as to the best options for mounting a strong defense;
- Provide a layer of accountability to encourage the school to protect the student's due process rights;
- Advise you on negotiation strategies with the school (or negotiate on your behalf as permitted); and
- In cases where the student's rights have clearly been violated, explore litigation options.
The new Title IX rules introduced by the Biden Administration bring significant changes to how schools handle sex-based discrimination and harassment complaints. These changes generally favor the rights of the alleged victims and make it more challenging for accused students to defend themselves against unfair allegations. What's more, the current rules still face legal challenges, and the rules frequently change with incoming administrations—meaning that understanding the boundaries set by Title IX is a continually moving target. This makes it all the more difficult to understand how to mount an effective defense—and gives you all the more reason to hire a knowledgeable Student Defense Team at the first sign of trouble.
Whether the allegations in question stem from a misunderstanding or a mistake, if your high school student is accused of Title IX misconduct, you don't want to risk their academic or professional future by leaving things to chance. Take action now to protect your child's future. Call the Lento Law Firm today at 888-535-3686 or fill out our online form.
Updated June 2024
