In April of 2024, the Department of Education approved New Title IX rules, which are scheduled to take effect on August 1, 2024. Our firm is closely monitoring ongoing challenges to these new rules in court, and is working hard to provide you the most up-to-date information. Click here to learn about the current state of Title IX and how we can help if you are facing accusations.
If you are a student at a college or university located in or near New Brunswick, New Jersey, you are most likely aware of basic rules you are required to abide by. Most of these rules vary based on the campus, but generally, each higher education institution is interested in maintaining integrity, equality, and safety on their campuses.Cheating and plagiarizing, for example, are some traditional and well-known no-nos that most students are aware will warrant damaging consequences.
However, there is one rule that is in your code of conduct that discourages a wide range of actions that not only will lead to corrective action by a school but could bring on criminal charges. This policy is known as federal law, Title IX.
It's important that every student knows what a violation of Title IX entails, its relation to serious campus issues like sexual misconduct and how these violations are mitigated by a school. Students should also recognize the value of an attorney in Title IX cases, as one can ensure that a violation doesn't result in serious consequences that could jeopardize your educational and professional goals.
What is Title IX?
First and foremost, Title IX is a civil rights law that every federally funded school must adopt and enforce. It generally prohibits discrimination on the basis of gender committed against students, staff, and faculty associated with colleges and universities. Because of this law's enactment, every student, regardless of their gender, gender identity, or sexual orientation, is entitled to equal opportunities in school settings.
Title IX offers protections and opportunities in a number of areas on campus. Due to the nature of Title IX cases, they generally revolve around the following issues:
- Bullying
- Employment discrimination
- The unfair treatment of a gender in intercollegiate sports (funding, scholarships, programs etc.)
- Students and employment opportunities in STEM (science, technology, engineering, and math) related fields and programs
- Unfair policies
- Sexual misconduct and harassment
Title IX and Sexual Misconduct
In recent years, Title IX has been commonly associated with sexual misconduct. This behavior is categorized as gender-based discrimination under this law, which means that schools are tasked with mitigating these cases. A Title IX investigation will be launched (an investigation and hearing) that will ultimately determine whether or not alleged perpetrators of sexual misconduct are found guilty of violating school policy. Schools who fail to respond to allegations of sexual misconduct will be reprimanded by having their federal funding discontinued by the Department of Education.
In these cases, ironically, the issue of fairness and equal opportunities regarding the treatment of the accused is often questioned. With so much at stake for schools, they have more incentive to side with an accuser and avoid having to answer to the DOE. Unfortunately, schools have been caught intentionally destroying evidence to disadvantage the accused, or refusing to offer the accused afforded resources, all in attempt to appease the federal agencies and accusers.
This is why it's important to have an attorney by your side in the midst of these processes. Retaining legal representation sends a message to the school that you are serious about protecting your rights, and that unfair behavior will not be tolerated.
Representation
I represent people who need help during Title IX processes. My clients include:
- Student defendants: students who have been accused of sexual misconduct and other violations of a school's policy who need an attorney who will effectively navigate through Title IX processes, and ensure the rights they are entitled are afforded.
- College employees: professors, instructors, teaching assistants, coaches, faculty etc. who have been notified of damaging allegations.
New Brunswick Title IX Attorney
If you are a student who has been accused of violating Title IX, you should consult with an attorney who is knowledgeable of Title IX's policies and procedures. Skilled attorney Joseph D. Lento has extensive experience successfully representing students who were in the hot seat, and he can do the same for you. Contact him today for help.
The following links provide information regarding how individual New Jersey colleges and universities handle allegations of sexual assault and Title IX sexual misconduct against accused students (New Jersey Title IX campus disciplinary cases generally follow a similar process for both accused students and accused employees depending on the college or university involved):
