What is Title IX?
Title IX of the Education Amendments was enacted in the early 1970's. It essentially forbids gender-based discriminatory acts from being committed by or against students, staff, and faculty that are affiliated with federally funded educational institutions. It provides the following:
“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.”
This law has been applied in a wide range of issues that arose in federally funded colleges and universities, and its enforcement has contributed into making them the relatively equitable institutions that they are today. And although some would say that schools still have a way to go, they have in fact came a long way due to Title IX. Its large contribution in women's intercollegiate sports has expanded female students' access to more sports options and has required that the number of scholarships offered to women athletes is proportional to that of men's scholarships. Its enforcement has also served as a justification to create guidelines for professors and faculty to follow in regards to pregnant students. But in recent times, many people are posing questions about the applicability of Title IX in lieu of a different controversial issue: sexual misconduct on college campuses.
Title IX and Sexual Assault
The rates of reported instances of sexual misconduct in all of its forms - sexual harassment, sexual assault, rape etc. - are staggering, and have only increased throughout the duration of a decade. When this uptick first became prevalent in 2011, federal agencies placed great pressure on federally funded higher education institutions by threatening to strip financial assistance provided to them if they are discovered sweeping reported instances of sexual assault under the rug. More pressure came from accusers, as an abundance of legal actions requesting payouts from a school for its disregard of these cases arose.
The reaction to these impending threats has been radical. Schools now aggressively and hastily approach these cases in an effort to appease both federal agencies and accusers, while simultaneously slighting accused students in the process. Schools have been caught committing acts that violate its own code of conduct, such as destroying evidence or refusing to disclose important information that could potentially support the case of the accused. All of this is done under the guise of support for an accuser when this behavior is actually exhibited for the sake of the school's best interest - solely satisfying accusers and federal agencies to avoid losing money.
The Benefits of Choosing an Attorney as Your Title IX Advisor
You, as an accused student, have probably already noticed the treatment that the stigma of sexual assault accusations produce. Preconceived notions that you are guilty invade the minds of fellow students, professors, and more importantly, the people who have your fate in their hands - school authorities. And any mishaps or inconsistencies that are made on your part, will be perceived as incriminating evidence in the minds of these people. This is why it's important that you choose an attorney as your Title IX advisor. The skills that they've obtained through legal expertise and experience would prove to be extremely useful to you as an accused student. Making statements, gathering witnesses and asking questions that further support your account of events are likely things that you haven't done before. But lawyers do these things for a living. Choosing an attorney to help you through this processes will maximize your chances of a favorable outcome.
Experienced North Dakota title IX Advisor
If you attend a North Dakota higher education institution and have been accused of sexual assault, you should immediately consult with an experienced professional dedicated to making certain your interests come first. Skilled Title IX advisor Joseph D. Lento is here to help. Contact him today.
North Dakota 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:
- Bismarck State College
- Cankdeska Cikana Community College
- Dakota College at Bottineau
- Dickinson State University
- Fort Berthold Community College
- Jamestown College
- Lake Region State College
- Mayville State University
- Minot State University
- North Dakota State College of Science
- North Dakota State University Main Campus
- Sitting Bull College
- Trinity Bible College
- Turtle Mountain Community College
- United Tribes Technical College
- University of Mary
- University of North Dakota
- Valley City State University
- Williston State College
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 North Dakota and throughout the nation. Make certain your or your student's interests are protected - Contact National Title IX attorney Joseph D. Lento today.