Thousands of students move from other countries move to Virginia every year with hopes of seizing the benefits that the United States higher education system has to offer. In turn, these international students better state campuses by diversifying them and adding a fresh, insightful perspective to these academic environments.
Title IX law is intended to protect international students just like it protects native Virginia 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 tend to leave international students vulnerable.
Title IX allegations can warrant serious consequences 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 strictly forbidden on college campuses under federal law. Students are protected from gender-based discrimination, in particular, under Title IX of the Education Amendments. Title IX covers all students, regardless of their citizen status, national origin, or immigration status.
Sexual misconduct falls under the umbrella of gender-based discrimination, and there are multiple actions that constitute sexual misconduct. Some of them include sexual harassment, sexual assault, and dating violence - all of which are prevalent on college campuses. Under current Title IX guidance, higher education institutions are to fairly and promptly adjudicate all complaints alleging sexual misconduct in any of its forms.
The Effects of Sexual Misconduct Allegations on Virginia International Students
Being a respondent in the Title IX process comes with inherent disadvantages. Because of the social stigma sexual misconduct carries, many respondents report that they've been mistreated and neglected by fellow students, peers, staff and administration throughout the process for merely being accused. 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 without bias.
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 accused 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.
In order for international students to remain in the United States for their studies, they must acquire a student visa. This visa 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.
Virginia Title IX Advisor for Student Defense
As you can see, international students have a lot to lose when accused of sexual misconduct at Virginia colleges and universities. A responsible finding can derail your professional and academic goals. This is why if you're an international student who believes that they're innocent and you're seeking help, it's imperative you reach out to an attorney. Attorney Joseph D. Lento of the Lento Law Firm can help you make sense of your 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.
Virginia 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:
- Advanced Technology Institute
- Argosy University Washington D.C.
- Averett University
- Averett University Non Traditional Programs
- Aviation Institute of Maintenance Chesapeake
- Aviation Institute of Maintenance Manassas
- Bethel College
- Blue Ridge Community College
- Bluefield College
- Bon Secours Memorial College of Nursing
- Bridgewater College
- Bryant & Stratton College Hampton
- Bryant and Stratton College Richmond
- Bryant and Stratton College Virginia Beach
- Central Virginia Community College
- Centura College Chesapeake
- Centura College Newport News
- Centura College Norfolk
- Centura College Richmond Main
- Centura College Richmond Westend
- Centura College Virginia Beach
- Chamberlain College of Nursing
- Christopher Newport University
- College of William and Mary
- Dabney S Lancaster Community College
- Danville Community College
- DeVry University Virginia
- Eastern Mennonite University
- Eastern Shore Community College
- ECPI University
- Emory and Henry College
- Everest College Arlington
- Everest College Chesapeake
- Everest College McLean
- Everest College Newport News
- Ferrum College
- Fortis College Norfolk
- Fortis College Richmond
- George Mason University
- Germanna Community College
- Hampden Sydney College
- Hampton University
- Hollins University
- ITT Technical Institute Chantilly
- ITT Technical Institute Norfolk
- ITT Technical Institute Richmond
- ITT Technical Institute Salem
- ITT Technical Institute Springfield
- J Sargeant Reynolds Community College
- James Madison University
- Jefferson College of Health Sciences
- John Tyler Community College
- Liberty University
- Longwood University
- Lord Fairfax Community College
- Lynchburg College
- Mary Baldwin College
- Marymount University
- Miller Motte Technical College Lynchburg
- Mountain Empire Community College
- National College Salem
- New River Community College
- Norfolk State University
- Northern Virginia Community College
- Old Dominion University
- Patrick Henry Community College
- Paul D Camp Community College
- Piedmont Virginia Community College
- Potomac College Herndon
- Radford University
- Randolph College
- Randolph Macon College
- Rappahannock Community College
- Regent University
- Richard Bland College of the College of William and Mary
- Roanoke College
- Saint Pauls College
- Sanford Brown College Tysons Corner
- Shenandoah University
- Skyline College Roanoke
- South University Richmond
- South University Virginia Beach
- Southeast Culinary & Hospitality College
- Southern Virginia University
- Southside Virginia Community College
- Southwest Virginia Community College
- Stratford University
- Sweet Briar College
- The Art Institute of Virginia Beach
- The Art Institute of Washington
- The Art Institute of Washington Northern Virginia
- The University of Virginia's College at Wise
- Thomas Nelson Community College
- Tidewater Community College
- University of Management and Technology (The)
- University of Mary Washington
- University of Phoenix Northern Virginia Campus
- University of Phoenix Richmond Campus
- University of Richmond
- University of Virginia Main Campus
- Virginia College
- Virginia Commonwealth University
- Virginia Highlands Community College
- Virginia Intermont College
- Virginia Military Institute
- Virginia Polytechnic Institute and State University
- Virginia State University
- Virginia Union University
- Virginia University of Lynchburg
- Virginia Wesleyan College
- Virginia Western Community College
- Washington and Lee University
- Westwood College Annandale
- Westwood College Arlington Ballston
- Wytheville Community 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 Virginia and throughout the nation. Make certain your or your student's interests are protected - Contact National Title IX attorney Joseph D. Lento today.
