What is Title IX?
Title IX of the Education Amendments is a federal civil rights law that forbids discrimination on the basis of gender perpetrated by or against students, staff, or faculty on certain college and university campuses. It provides the following:
“No person in the United States shall, on the basis of sex, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.”
Basically, schools that receive some form of federal funding from the government must comply with Title IX. And since most higher education institutions receive financial assistance, most schools must follow the processes that this law imposes.
Title IX has been applicable in a variety of gender equity circumstances on campus. It has been referenced in regard to leveling the playing field for women who participate in intercollegiate sports. It has also justified creating guidelines that combat the mistreatment of pregnant college students and new moms on campus. However, in recent years, Title IX has been mentioned in the context of a much more serious and controversial issue: sexual misconduct on college campuses.
Title IX and Sexual Misconduct
According to Title IX, sexual misconduct in all of its forms - sexual harassment, sexual assault, rape etc. - is considered gender-based discrimination. This means that federally funded schools are obligated to investigate complaints of sexual misconduct, and ultimately conduct grievance and disciplinary processes to the determine the guilt or innocence of alleged perpetrators.
The Department of Education is extremely particular as to how sexual misconduct allegations are to be handled by schools. If the department concludes that a school has responded to a case in a fashion that does not meet its standards, it could lose the funding that the government provides. This puts immense pressure on schools to do things to appease the DOE and accusers while slighting and disadvantaging the accused. Oftentimes, it's been proven that when a school does not have the incentive to treat respondents fairly, they don't.
The Benefits of Choosing an Attorney as your Title IX Advisor
You are provided the choice of selecting any person you wish to be your advisor during Title IX processes. If you have not yet selected an individual to occupy this role, here are a few reasons why you should think about choosing an attorney:
Attorneys have acquired trial experience and legal expertise that will be extremely useful to you as an accused student. They will help you do things that they do for a living, such as finding and interviewing witnesses and drafting a statement that is consistent with your account of events.
Out of all of the people that you could choose to assist you throughout these processes, none of them are less likely to disclose information you've confided in them than a lawyer. If they haven't already, school authorities will recommend you a Title IX advisor that supposedly has extensive training in the school's policy and processes. However, what they fail to tell you is that they are employed by the school. This means that their loyalty lies with their employer, and at any point, the information you disclose to an attorney could be used against you in a hearing, or more importantly, a criminal trial. You won't have to worry about an attorney turning on you. Their primary duty is to ensure that your rights are protected.
New Jersey Title IX Advisor
If you attend a New Jersey college or university and have been accused of sexual misconduct, it is imperative you speak with an attorney. Contact skilled Title IX advisor and legal professional Joseph D. Lento today for assistance.
New Jersey colleges and universities where Joseph D. Lento can help as your or your student's Title IX advisor during investigations, hearings, and appeals include, but are not limited to, the following schools:
Title IX violations and Title IX charges can change an accused student's life if not defended against properly and as early as possible during the disciplinary process, and Joseph D. Lento has nearly a decade of experience passionately fighting for the future of his clients 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 Pennsylvania serves as a Title IX advisor to students facing disciplinary cases in New Jersey and throughout the nation. Make certain your or your student's interests are protected - Contact New Jersey Title IX attorney Joseph D. Lento today.