Sexual assault is a pervasive issue in colleges and universities. If you haven't been living under a rock the past few years, you've read the stories and you've seen the statistics.
Due to the high quantities of international students from other countries who move to Illinois to reap the benefits these colleges and universities have to offer, it isn't unlikely for them to be involved in sexual misconduct cases. Title IX is a law intended to protect all students from this misconduct, and it also regulates how schools mitigate incidents alleging sexual misconduct. Due to the nature of this law, Title IX policies will affect international students differently than native students, be it that they are an accuser, known as “complainant,” or the accused, referred to as a “respondent.” In fact, certain aspects of this law and its enforcement have been known to leave international students vulnerable.
In this article, I'll explain how international students are specifically affected by this law.
Understanding Title IX
Title IX of the Education Amendments is a federal civil rights law that protects all students from gender-based discrimination in federally funded colleges and universities, regardless of national origin, immigration status, or citizen status.
Sexual misconduct in all of its forms - sexual assault, sexual harassment, dating violence, etc. - is considered gender-based discrimination in accordance with this law. Therefore, under current guidelines, institutions are required to promptly and fairly adjudicate all complaints alleging this misconduct.
How Sexual Misconduct Allegations Affect Illinois International Students
Being a respondent in the Title IX process comes with inherent drawbacks. Due to the social stigma sexual misconduct allegations carry, many respondents report that they've been mistreated and neglected by fellow students, peers, staff, and administration throughout the Title IX process for merely being accused of sexual misconduct. This isn't an uncommon phenomenon despite the fact that Title IX endorses that the interests of both parties are to be equally considered and catered to.
But a respondent who happens to be an international student will face a unique set of challenges that could disadvantage them further. Many international students feel alienated throughout the Title IX process, not only due to the nature of the allegations but as a result of being unfamiliar with certain American customs. International students are often less aware of the rights entitled to them and the obligations they're expected to fulfill. Also, important concepts like evidentiary standards and investigatory procedures must be understood to gain leverage in the Title IX process. Not having a firm grasp on these ideas as an international student can make being a respondent a very confusing situation.
Sexual Misconduct Allegations and Student Visas
International students have a lot to lose in the event that they're found “responsible” for an incident of sexual misconduct.
This is because international students are responsible for maintaining the status of their student visa. In order for international students to remain in the United States for their studies, they must acquire this visa. It only remains effective when international students fulfill certain requirements. Among these requirements is the obligation to maintain a full-time course load, which is equivalent to at least 12 academic credit hours per semester. If an international student is found “responsible” for this misconduct, said student's ability to continue their education becomes compromised. A suspension or expulsion can result in an international student losing their visa
Illinois Title IX Advisor for Student Defense
As you can see, there's too much at stake for international students who have been accused of sexual misconduct at Illinois colleges and universities. Being found “responsible” for this misconduct can delay and ultimately ruin their professional and academic plans.
This is why if you're an international student who believes you're innocent and you're seeking help, it's imperative you reach out to a legal professional. Attorney Joseph D. Lento of the Lento Law Firm can help you make sense of your situation and give you options that will maximize your chances of a favorable outcome - contact him today online or by phone at 888-535-3686.
Illinois colleges and universities where Joseph D. Lento can help as your or your international student's Title IX advisor during investigations, hearings, and appeals include, but are not limited to, the following schools:
- American Academy of Art
- American InterContinental University Online
- Argosy University Chicago
- Argosy University Schaumburg
- Augustana College
- Aurora University
- Benedictine University
- Black Hawk College
- Blackburn College
- Bradley University
- Carl Sandburg College
- Chamberlain College of Nursing Illinois
- Chicago State University
- Christian Life College
- City Colleges of Chicago Harold Washington College
- City Colleges of Chicago Harry S Truman College
- City Colleges of Chicago Kennedy King College
- City Colleges of Chicago Malcolm X College
- City Colleges of Chicago Olive Harvey College
- City Colleges of Chicago Richard J Daley College
- City Colleges of Chicago Wilbur Wright College
- College of DuPage
- College of Lake County
- Columbia College Chicago
- Concordia University Chicago
- Danville Area Community College
- DePaul University
- DeVry University Illinois
- Dominican University
- East West University
- Eastern Illinois University
- Elgin Community College
- Elmhurst College
- Eureka College
- Fox College Inc .
- Greenville College
- Harper College
- Harrington College of Design
- Heartland Community College
- Hebrew Theological College
- Highland Community College
- Illinois Central College
- Illinois College
- Illinois Eastern Community Colleges Frontier Community College
- Illinois Eastern Community Colleges Lincoln Trail College
- Illinois Eastern Community Colleges Olney Central College
- Illinois Eastern Community Colleges Wabash Valley College
- Illinois Institute of Technology
- Illinois State University
- Illinois Valley Community College
- Illinois Wesleyan University
- International Academy of Design and Technology Chicago
- ITT Technical Institute Mount Prospect
- ITT Technical Institute Oak Brook
- ITT Technical Institute Orland Park
- John A Logan College
- John Wood Community
- Joliet Junior College
- Judson University
- Kankakee Community College
- Kaskaskia College
- Kendall College
- Kishwaukee College
- Knox College
- Lake Forest College
- Lake Land College
- Le Cordon Bleu College of Culinary Arts Chicago
- Lewis and Clark Community College
- Lewis University
- Lexington College
- Lincoln Christian University
- Lincoln College
- Lincoln Land Community College
- Loyola University Chicago
- MacCormac College
- MacMurray College
- McHenry County College
- McKendree University
- Methodist College of Nursing
- Midstate College
- Millikin University
- Monmouth College
- Moody Bible Institute
- Moraine Valley Community College
- Morrison Institute of Technology
- Morton College
- National Louis University
- North Central College
- North Park University
- Northeastern Illinois University
- Northern Illinois University
- Northwestern College
- Northwestern College Southwestern Campus
- Northwestern University
- Oakton Community College
- Olivet Nazarene University
- Pacific College of Oriental Medicine Chicago
- Parkland College
- Prairie State College
- Quincy University
- Rend Lake College
- Richland Community College
- Robert Morris University Illinois
- Rock Valley College
- Rockford Career College
- Rockford College
- Roosevelt University
- Saint Augustine College
- Saint Xavier University
- Sanford Brown College Collinsville
- Sanford Brown College Hillside
- Sauk Valley Community College
- School of the Art Institute of Chicago
- Shawnee Community College
- Shimer College
- South Suburban College
- Southeastern Illinois College
- Southern Illinois University Carbondale
- Southern Illinois University Edwardsville
- Southwestern Illinois College
- Spoon River College
- Taylor Business Institute
- Telshe Yeshiva Chicago
- The Illinois Institute of Art Chicago
- The Illinois Institute of Art Schaumburg
- Trinity Christian College
- Trinity College of Nursing and Health Sciences
- Trinity International University
- Triton College
- University of Chicago
- University of Illinois at Chicago
- University of Illinois at Springfield
- University of Illinois at Urbana Champaign
- University of Phoenix Chicago Campus
- University of St Francis
- VanderCook College of Music
- Vatterott College Quincy
- Waubonsee Community College
- Western Illinois University
- Westwood College Chicago Loop
- Westwood College Dupage
- Westwood College O'Hare Airport
- Westwood College River Oaks
- Wheaton College
All students must be extremely mindful when accused of sexual misconduct at their college or university; international students in particular, however, can have even more concerns at all stage of Title IX proceedings because the stakes are higher yet – When first contacted by their school's Title IX office, when a sexual misconduct investigation begins, when facing a hearing or appeal, or when seeking further recourse by filing a Title IX complaint with the Department of Education Office of Civil Rights when necessary. For international students who are facing a Title IX case and their families, it is critical to take the necessary precautions as soon as possible, including having an experienced attorney advisor, when accused of sexual misconduct. Unfortunately, some international students, not being as familiar what is at stake and also their rights in the process, will mistakenly believe that if they "just explain what happened," everything will work out. Title IX cases can be won, but international students and their families must recognize, however, that achieving a favorable in a Title IX case requires a dedicated and intensive approach best handled by a professional who has a track record of successes in the Title IX disciplinary arena.
Fighting passionately for the future of international students at colleges and universities throughout the nation for over a decade, Joseph D. Lento knows how important it is to mount the strongest defense because he understands that an international student's academic and professional future and Visa is on the line. 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, 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 to international students facing sexual misconduct investigations and disciplinary cases in Illinois and throughout the nation. Make certain your or your student's interests are protected - Contact National Title IX attorney Joseph D. Lento today.
