Title IX states that “no person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.”
What is Title IX?
Essentially, Title IX prohibits gender-based discriminatory acts committed by or against students, staff, or faculty in federally funded schools. It has been applied to a number of controversial issues, and its enforcement has contributed in molding colleges and universities into the relatively equitable institutions that they are today. In the past, this law has been enforced to level the playing field for women who wish to pursue intercollegiate sports. But in recent times, it's been referenced and applied for a different reason: sexual misconduct.
Title IX and Sexual Assault
Sexual misconduct in all of its forms - sexual harassment, sexual assault, rape etc. - are considered gender-based discrimination in accordance with Title IX if they meet a specific standard. In the case Davis v. Monroe County Board of Education, it claims that perceived instance of sexual harassment, sexual assault or rape must be “so severe, pervasive, and objectively offensive that it effectively bars the victim's access to an educational opportunity or benefit.” This court, along with several others has come to the conclusion that most instances that fall under the definition of sexual misconduct meet this standard.
The law also requires schools to handle these cases by investigating, reprimanding and aiding in convicting students who are ultimately found responsible for committing this offense. Schools have been known to do so hastily due to the consequences that could ensue. Federal agencies have put immense pressure on schools to handle the cases when it falls in their jurisdiction. In order for a school to be responsible, a school must have authority over the harasser (the accused attends the institution) and the environment that the reported instance takes place (on any school property).
Schools that fail to tend to a case properly are subject to several repercussions, such as a loss of federal funding or paying damages to victims. In an effort to avoid these consequences they hastily approach these cases, oftentimes disadvantage the accused. In order to avoid a complicated case, schools have been known to destroy evidence or keep pertinent information from the accused.
What are the benefits of choosing an attorney as my Title IX advisor?
If you have been accused of sexual assault and have yet to choose an advisor, here are some reasons why you should pick a legal professional to occupy this role:
- An attorney will hold higher education institutions accountable (by writing a litigation hold letter, pointing out injustices etc.)
- An attorney will help you prepare for a hearing
- An attorney will not disclose confidential information
- An attorney will help preserve the rights in which you are entitled
Experienced New Mexico Title IX Advisor
If you attend a New Mexico higher education institution and are facing accusations of sexual assault, you should immediately consult with a professional dedicated to protecting your interests. Skilled Title IX advisor Joseph D. Lento is here to help. Contact him today.
New Mexico 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:
- Brown Mackie College Albuquerque
- Central New Mexico Community College
- Clovis Community College
- Computer Career Center
- Eastern New Mexico University Main Campus
- Eastern New Mexico University Roswell Campus
- Eastern New Mexico University Ruidoso Campus
- Institute of American Indian and Alaska Native Culture
- ITT Technical Institute Albuquerque
- Luna Community College
- Mesalands Community College
- National American University Albuquerque
- National American University Rio Rancho
- Navajo Technical College
- New Mexico Highlands University
- New Mexico Institute of Mining and Technology
- New Mexico Junior College
- New Mexico Military Institute
- New Mexico State University Alamogordo
- New Mexico State University Carlsbad
- New Mexico State University Dona Ana
- New Mexico State University Grants
- New Mexico State University Main Campus
- Northern New Mexico College
- San Juan College
- Santa Fe Community College
- Santa Fe University of Art and Design
- Southwest University of Visual Arts Albuquerque
- St John's College
- University of New Mexico Gallup Campus
- University of New Mexico Los Alamos Campus
- University of New Mexico Main Campus
- University of New Mexico Taos Campus
- University of New Mexico Valencia County Campus
- University of Phoenix Albuquerque Campus
- University of the Southwest
- Western New Mexico University
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 Pennsylvania and New Jersey, is admitted as an attorney pro hac vice in state and federal court if needed when representing clients nationwide, and serves as a Title IX advisor and educational consultant to students facing disciplinary cases in New Mexico and throughout the nation. Make certain your or your student's interests are protected - Contact National Title IX attorney Joseph D. Lento today.