Thousands of students from other countries move to Tennessee every year to seize the benefits that the United States higher education system provides. In turn, these students better state campuses by diversifying them and adding a fresh, valuable perspective to these academic environments.
Title IX law is intended to protect international students just like it protects native Tennessee 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 this 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
Federal law strictly prohibits discrimination on college and university campuses. Gender-based discrimination, in particular, is forbidden under civil rights law Title IX of the Education Amendments. Title IX covers all students, regardless of national origin, immigration status, or citizen status.
Sexual misconduct falls under the umbrella of gender-based discrimination, and there are many actions that could constitute sexual misconduct. Some of these actions include sexual assault, sexual harassment, and dating violence - all of which are very prevalent on college campuses. Under current Title IX guidance, higher education institutions are legally bound to promptly and fairly adjudicate all complaints alleging sexual misconduct.
How Sexual Misconduct Allegations Affect Tennessee International Students
Being a respondent in the Title IX process comes with inherent disadvantages. 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 concepts 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 sexual misconduct.
This is because international students are responsible for keeping 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.
Tennessee 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 Tennessee 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.
Tennessee 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 Baptist College
- Aquinas College
- Argosy University Nashville
- Austin Peay State University
- Baptist Memorial College of Health Sciences
- Belmont University
- Bethel University
- Bryan College
- Carson Newman College
- Chattanooga College Medical Dental and Technical Careers
- Chattanooga State Community College
- Christian Brothers University
- Cleveland State Community College
- Columbia State Community College
- Cumberland University
- Daymar Institute Clarksville
- Daymar Institute Murfreesboro
- Daymar Institute Nashville
- DeVry University Tennessee
- Dyersburg State Community College
- East Tennessee State University
- Fisk University
- Fortis Institute
- Fortis Institute Nashville
- Fountainhead College of Technology
- Free Will Baptist Bible College
- Freed Hardeman University
- Hiwassee College
- International Academy of Design and Technology Nashville
- ITT Technical Institute Chattanooga
- ITT Technical Institute Cordova
- ITT Technical Institute Johnson City
- ITT Technical Institute Knoxville
- ITT Technical Institute Nashville
- Jackson State Community College
- John A Gupton College
- Johnson University
- King College
- Lane College
- Le Moyne Owen College
- Lee University
- Lincoln Memorial University
- Lipscomb University
- L'Ecole Culinaire
- Martin Methodist College
- Maryville College
- Memphis College of Art
- Middle Tennessee State University
- Miller Motte Technical College Chattanooga
- Miller Motte Technical College Clarksville
- Miller Motte Technical College Madison
- Milligan College
- Motlow State Community College
- Nashville State Community College
- National College of Business and Technology Nashville
- Northeast State Community College
- Nossi College of Art
- O'More College of Design
- Pellissippi State Community College
- Remington College Memphis Campus
- Remington College Nashville Campus
- Rhodes College
- Roane State Community College
- Sewanee The University of the South
- South College
- Southern Adventist University
- Southwest Tennessee Community College
- Tennessee State University
- Tennessee Technological University
- Tennessee Temple University
- Tennessee Wesleyan College
- The Art Institute of Tennessee Nashville
- The University of Tennessee
- The University of Tennessee at Chattanooga
- The University of Tennessee Martin
- Trevecca Nazarene University
- Tusculum College
- Union University
- University of Memphis
- University of Phoenix Chattanooga Campus
- University of Phoenix Knoxville
- University of Phoenix Memphis Campus
- University of Phoenix Nashville Campus
- Vanderbilt University
- Vatterott Career College Memphis Appling Farms
- Vatterott Career College Memphis Dividend Drive
- Victory University
- Virginia College School of Business and Health
- Visible Music College
- Volunteer State Community College
- Walters State Community College
- Watkins College of Art Design & Film
- William Moore College of Technology
- Williamson Christian 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 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 New Jersey and New York, 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 Tennessee and throughout the nation. Make certain your or your student's interests are protected - Contact National Title IX attorney Joseph D. Lento today.
