Students from other countries move to Kentucky every school year to reap the benefits that the United States education system has to offer. In turn, these students better these campuses by diversifying them and adding a new, valuable perspective to these academic environments.
Title IX is intended to protect international students just like it protects native Kentucky students. This is the case for international students whether they are accusers, referred to as “complainants,” or the accused, commonly known as “respondents.” But there are certain aspects of the law and its enforcement that may leave international students vulnerable.
Title IX allegations can lead to serious repercussions for any student accused of sexual misconduct. However, international students must be aware of how Title IX policies can specifically impact them.
Understanding Title IX
Discrimination is forbidden under federal law. Title IX of the Education Amendments is a civil rights law that protects all students from gender-based discrimination in federally funded universities and colleges. This law extends to all students despite their immigration status, national origin, or citizen status.
Sexual misconduct falls under the realm of gender-based discrimination, and there are several actions that can constitute sexual misconduct. Some of them include sexual assault, sexual harassment, and dating violence - all of which are prevalent on college campuses. Under current Title IX guidance, higher education institutions have the obligation to promptly and fairly adjudicate all complaints alleging sexual misconduct in any of its forms.
How Sexual Misconduct Allegations Affect Kentucky International Students
As you can imagine, being a respondent is not the most fun experience. This experience comes with inherent disadvantages. Because of the social stigma these allegations carry, many respondents report that they've been mistreated and neglected by everyone around them, including fellow students, peers, staff and administration throughout the Title IX process for merely being accused of sexual misconduct. This isn't a rare phenomenon despite the fact that Title IX endorses that the interests of both parties are to be equally considered and catered to.
A respondent who also 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 concepts as an international student can make being a respondent a very confusing situation.
Sexual Misconduct Allegations and Student Visas
The unfortunate reality for international students is that they have more to lose when accused of sexual misconduct than native students in the exact same predicament.
For international students to remain in the United States for their studies, they must acquire a student visa. This visa will only remain effective if international students fulfill certain requirements. Among the requirements is the obligation to maintain a full-time course load, which is equivalent to at least 12 academic credit hours per term. If an international student is found “responsible” for sexual misconduct, said student's ability to continue their education becomes compromised. A suspension or expulsion can result in an international student losing their visa.
Kentucky Title IX Advisor for Student Defense
International students have a lot at stake when they are accused of sexual misconduct at their Kentucky colleges and universities. A responsible finding can delay your professional and academic goals. This is why if you're an international student who believes that you're innocent and wants to seek legal counsel, it's imperative you reach out to an attorney. Attorney Joseph D. Lento of the Lento Law Firm can help you make sense of this situation and give you options that will increase your chances of a favorable outcome - contact him today online or by phone at 888-535-3686.
Kentucky 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:
- Alice Lloyd College
- Asbury University
- Ashland Community and Technical College
- ATA College
- Beckfield College Florence
- Bellarmine University
- Big Sandy Community and Technical College
- Bluegrass Community and Technical College
- Brescia University
- Brown Mackie College Hopkinsville
- Brown Mackie College Louisville
- Brown Mackie College Northern Kentucky
- Campbellsville University
- Centre College
- Clear Creek Baptist Bible College
- Daymar College Bellevue
- Daymar College Bowling Green
- Daymar College Louisville
- Daymar College Louisville
- Daymar College Madisonville
- Daymar College Online
- Daymar College Owensboro
- Daymar College Paducah Main
- Daymar College Scottsville
- DeVry University Kentucky
- Eastern Kentucky University
- Elizabethtown Community and Technical College
- Gateway Community and Technical College
- Georgetown College Georgetown, Kentucky
- Hazard Community and Technical College
- Henderson Community College
- Hopkinsville Community College
- ITT Technical Institute Lexington
- ITT Technical Institute Louisville
- Jefferson Community and Technical College
- Kentucky Christian University
- Kentucky Mountain Bible College
- Kentucky State University
- Kentucky Wesleyan College
- Lincoln College of Technology Florence
- Lindsey Wilson College
- Madisonville Community College
- Maysville Community and Technical College
- MedTech College Lexington Campus
- Mid Continent University
- Midway College
- Morehead State University
- Murray State University
- National College Lexington
- Northern Kentucky University
- Owensboro Community and Technical College
- Saint Catharine College
- Simmons College of Kentucky
- Somerset Community College
- Southcentral Kentucky Community and Technical College
- Southeast Kentucky Community and Technical College
- Spalding University
- Spencerian College
- Spencerian College Lexington
- Sullivan College of Technology and Design
- Sullivan University
- Thomas More College
- Transylvania University
- Union College
- University of Kentucky
- University of Louisville
- University of Phoenix Louisville Campus
- University of Pikeville
- University of the Cumberlands
- West Kentucky Community and Technical College
- Western Kentucky University
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 an 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 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 to international students facing sexual misconduct investigations and disciplinary cases in Kansas and throughout the nation. Make certain your or your student's interests are protected - Contact National Title IX attorney Joseph D. Lento today.