Title IX is a federal law that enforces gender equality in higher education. Under this law, discrimination on the basis of gender is prohibited in federally funded colleges and universities. Since the majority of higher education institutions in the nation are funded by the government to some extent, most colleges and universities are required to abide by Title IX regulations.
You would think that bullying is a behavior that most people would outgrow, but unfortunately, it's still very prevalent on college campuses. Bullying can be a form of gender discrimination, and therefore must be adjudicated by the college, according to current federal guidelines.
In the event that a complaint is filed alleging this conduct, the accused student and accuser will undergo what's known as the Title IX process to come up with a determination. This process generally involves an investigation, and sometimes a hearing for the school to determine, based on the evidence, if an accused student is “responsible” for violating school policy and federal law.
What Constitutes Bullying?
Bullying is defined as any act that causes substantial mental or physical harm to another student or group of students. It can be carried out verbally, physically, or even electronically. Most schools consider bullying to be pervasive when it interferes with the victim's education, creates a threatening environment, or significantly interrupts the operation of a college.
Here are a few examples of bullying behavior:
- Aggressive yelling or shouting
- Persistent or egregious use of abusive, insulting, or offensive language
- Regularly inappropriately teasing or making someone the brunt of pranks or jokes
- Unwarranted physical contact or gestures
- Circulating inappropriate or embarrassing photos or videos via email or social media
- Spreading misinformation or malicious rumors etc.
It is important for accused students to remember that they are entitled to due process rights. In the middle of resolution, some students have recalled that because of the nature of the process, pressure from the Education Department, timing restrictions, and other factors, their rights have been infringed upon. These aren't isolated incidents. If you have been accused of this misconduct mentioned above, it is imperative you seek the assistance of an experienced attorney who understands what it takes to protect your rights. They can ensure that the process is equitable while maximizing your chances of a favorable outcome.
Nationwide Title IX Advisor
The only way to make sure your voice is heard and your rights are upheld is to retain a student defense attorney. For respondents, especially, the assistance of an attorney advisor is invaluable in the Title IX process. National Title IX attorney Joseph D. Lento has the skill, experience, and expertise to help you preserve your entitled rights under Title IX and your school's policy. For a case evaluation or more information about his representation, contact him online or give him a call at 888-535-3686 today.