Most everyone has heard of Title IX, and college students and their families likely think of it as a protection against gender discrimination in college athletics and academia. But you may not have realized—until you or someone in your family is facing an accusation—that it has morphed over the years to include sexual misconduct among students.
As a college student, navigating the boundaries of behavior with your fellow students according to the ever-changing constraints of Title IX can feel like a guessing game. And then suddenly, you find yourself confronted with an accusation from another student that you violated Title IX through some form of sexual harassment or misbehavior. Before you know it, your life is turned upside down, with not only your academic future at risk but also your reputation and future employment possibilities.
If you're facing an accusation of a Title IX violation in the greater Poughkeepsie, New York, area, you must immediately make sure you have the best tools available to defend yourself and protect your future. The Student Defense Team at the Lento Law Firm is here to help. We'll guide you through the disciplinary process, protect your rights, and fight for the best possible outcome for you. Call us at 888.535.3686 or fill out our confidential online form to get started.
Blurred Lines: How to Know If You've Overstepped and Violated Title IX
Title IX regulations now cover a wide range of behaviors and interactions. What started as a way to protect students from gender discrimination from school entities such as athletic programs, admissions boards, and financial aid decision-makers has evolved over the years to now address engagement among students. In the greater Poughkeepsie area, which includes schools in Newburgh and Middletown, students can easily and inadvertently cross the boundary into misconduct. A fellow student might interpret something as simple as a tasteless text message, lewd joke, or inappropriate gesture as harassment or assault. And the next thing you know, you're forced to fight a Title IX accusation.
Some actions that constitute a Title IX violation include:
Sexual harassment: A student can accuse another student of a Title IX violation for any unwelcome sexual behavior, including verbal or physical actions.
Stalking: Stalking can include following a student around or taking photos without their consent, as well as sending repeated and unwanted text, phone, or mail messages.
Dating or relationship violence: Physical, verbal, and sexual abuse constitute dating or relationship violence. Of course, date rape falls into this category. So does behavior that's not as cut and dry, such as verbal abuse.
Retaliation: Taking any negative action against someone who has filed a complaint only serves to further exacerbate the violation.
These are just a few examples of behaviors that can get you into Title IX trouble. It's easy to see how these kinds of behaviors are often very subjective. Regardless of whether you intend to offend a fellow student or act inappropriately, the recipient of your actions may feel harassed or abused and file a complaint against you.
The Changing Landscape of Title IX
To further complicate matters, presidential administrations over the past few decades have altered the rules that Title IX encompasses, as well as the requirements for proof and due process. These ever-changing interpretations of Title IX have turned compliance into a moving target.
Among these changes that seem to constantly shift from administration to administration, several have a huge impact on student-to-student complaints:
The definition of sexual harassment: The specific language defining sexual harassment has changed multiple times, altering how subjective the offending action can be to qualify as an offense. For example, one administration changed the definition of language from “subjectively and objectively offensive” and "sufficiently severe or pervasive" to "severe, pervasive, and objectively offensive."
Changes to due process: Title IX regulations have fluctuated in terms of how schools investigate complaints, the degree of due process protections for accused students, guidelines for submitting evidence, and the ability to conduct live virtual hearings, including cross-examinations.
Protections based on gender identity and sexual orientation: Presidential administrations have modified Title IX's definition of “sex” and have changed whether the law offers protection based on gender identity and sexual orientation.
Meanwhile, federal courts and individual state governments can further mold the impact of Title IX rule changes. State governors have the power to issue executive orders to direct the way colleges and universities implement and enforce Title IX. In cases where Title IX complaints have led to litigation, the response of federal courts has continued to confuse the situation and shape interpretations of the law. When presidential administrations have modified Title IX, some federal judges have issued injunctions to temporarily block the U.S. Department of Education from enforcing the altered rules. This constant back-and-forth among lawmakers and law enforcers has left colleges frustrated and unsure of how to comply.
As Title IX continues to change, evolve, and change again, colleges and universities must constantly adapt and make sure they're meeting current requirements. And students have to try to figure out what constitutes unacceptable behavior when, in many cases, the rule's administrators aren't sure either.
This complicated Title IX landscape makes it even more imperative that you seek a legal team that understands all the law's nuances and knows how to protect your rights and defend you against accusations. The Lento Law Firm's Student Defense Team has years of experience defending students and winning Title IX cases in New York and nationwide. Call us at 888.535.3686 or use our confidential online form to schedule a consultation.
What You Should Expect at Area Schools
Across the greater Poughkeepsie area, the many colleges and universities each have their own policies, procedures, and approaches to complying with and enforcing Title IX.
Vassar College: The mission of Vassar College highlights its commitment to “promoting a diverse and inclusive working and learning environment free from discrimination and harassment,” noting that this commitment goes beyond “mere compliance with the law.” At Vassar, the Office for Institutional Equity fulfills this commitment, overseeing Title IX complaints and investigations related to discrimination, harassment, sexual harassment, and sexual violence. This includes sexual assault, dating violence, domestic violence, sexual exploitation, and stalking. This office offers both formal and informal processes for handling complaints of harassment, discrimination, and sexual misconduct. The college uses trained external decision-makers to oversee Title IX hearings and administrative resolutions and has committed to act on any report, notice, complaint, or knowledge of a potential violation of its Policy Against Discrimination, Harassment, and Sexual Misconduct.
Bard College: As part of Bard College's mission, the school boasts its commitment to inclusive excellence and addressing discrimination and its impact on learning. Bard College charges its Office of Title IX and Nondiscrimination with responding to incidents of gender-based misconduct. Following receipt of a complaint, Bard College institutes a formal grievance process and investigation and also offers options for alternate and informal resolutions, such as mediation, restorative justice practices, or other dispute resolution tools.
Marist University: Marist University's Title IX Office handles complaints of gender-based discrimination and sexual misconduct, such as sexual assault, dating and relationship violence, and domestic violence. When this office receives a formal signed complaint, it sends a Notice of Allegations to the accused party. The school then conducts an investigation, and a Title IX coordinator uses this information to determine the next steps. The involved parties may come to an informal resolution, or the case may progress to a hearing to determine an outcome. Both parties then have the option to appeal the decision.
Mount Saint Mary College: As a college committed to Catholic Dominican traditions and Judeo-Christian values, Mount Saint Mary College “aims to give its students a Catholic cultural-professional education in the liberal arts tradition,” according to its bylaws. As such, behaviors that fall into the category of sexual misconduct may be more constrictive, requiring that students adhere to more conservative behaviors. Mount Saint Mary College has a Title IX coordinator who is responsible for responding to Title IX reports and complaints. The school's policy includes both formal and informal grievance procedures based on the specific circumstances of the incident.
Empire State University (SUNY Empire): As a branch of the State University of New York, SUNY Empire receives federal funding and so must comply with federal and state guidelines, including Title IX. SUNY Empire employs a Title IX coordinator who oversees grievance procedures for alleged sexual misconduct. As part of these procedures, the school offers the option of an informal resolution if both the complainant and the accused party agree to it. In the event of a formal investigation, the accused person has the opportunity to respond and provide evidence in their defense. Following the investigation, the coordinator may refer the complaint to specific disciplinary offices, such as the student conduct office, for investigation and the determination of disciplinary actions. If this process leads to the conclusion that a student violated the school's code of conduct, penalties can include reprimand, disciplinary suspension, disciplinary expulsion, or educational courses or activities.
What You Should Do If You Face a Title IX Accusation
Regardless of the confusion surrounding the parameters of Title IX, if someone accuses you of a violation, you need to take immediate action to protect yourself. The threat you face to your future is very real. Penalties can include a written warning or reprimand, restrictions to your access to campus, disciplinary probation, community service, mandatory counseling, and suspension or expulsion from school.
Whether the disciplinary action you receive is mild or severe, it will still have a lasting impact on your future. It will hurt your reputation, and it will follow you as you move forward. It can hinder your chances of receiving future scholarships, transfers to other schools, graduate school admissions, internships, and employment opportunities. You need to do all you can to prevent a Title IX accusation from tarnishing your future, and your first step should be to contact the Student Defense Team at the Lento Law Firm. We can:
- Help you identify and gather the best evidence to support your case.
- Guide you through the various stages of the disciplinary process and make sure you know what to expect and how to present yourself.
- Protect your rights throughout the investigation and hearing processes.
- Negotiate with the school and its legal representation for leniency or dismissal of charges.
- In cases where the school insists on disciplinary action, we can advocate on your behalf with the school's Office of General Counsel, which can help avoid litigation.
- Help you determine whether an informal resolution is in your best interest.
- Represent you at hearings, meetings, and any appeals that occur and provide a comprehensive defense.
- Help you decide whether to file an appeal.
- Fight to safeguard your future education and employment opportunities.
The Lento Law Firm has years of experience successfully defending students against accusations of Title IX violations. Especially considering the constant fluctuations in Title IX regulations and the ways colleges and universities are struggling to keep up with the demands and requirements, you need a team on your side that understands the legal nuances, administrative bureaucracy, and ways to provide the best defense. We know how to cooperate with investigators and shrewdly negotiate on your behalf. We also know when to take a more aggressive approach to ensure the protection of your rights.
Because the foundation of Title IX is to protect against sexual misconduct, the investigative and disciplinary process following a complaint tends to favor the accuser and put the accused at an inherent disadvantage. If you're accused of a violation, the odds are not in your favor if you don't have the right tools to help you defend yourself. And the consequences are critical to making sure your future stays on track.
Call us today at 888.535.3686 or complete our confidential online form to arm yourself with the best defense. You don't have to face this alone. We're here to help you not only survive this hurdle but to come out on top.
