Title IX of the Education Amendments is a federal law that prohibits discrimination on the basis of gender committed by and/or against students attending federally funded colleges and universities. Because the majority of higher education institutions in the nation are funded by the government in some capacity, most colleges and universities are obligated to comply with Title IX regulations.
Under this law, sexual misconduct - in all of its forms - is technically gender discrimination. This means that the wide range of actions that constitute sexual misconduct are a direct violation of Title IX, and therefore must be adjudicated by schools, in accordance with current federal guidelines.
Gender-based bullying is a prevalent form of misconduct that Title IX coordinators receive complaints about on campus. In the event that a complaint is filed alleging gender-based bullying, the accused student and an accuser will undergo what's known as the Title IX process to ultimately come up with a finding. This process entails an investigation, and possibly a hearing for an institution to determine, based on the evidence, if the accused is “responsible” for committing a Title IX violation.
What is Gender-Based Bullying?
Gender-based bullying is oftentimes associated and interlinked with sexual harassment or sexual orientation discrimination. Bullying is an intentional and repetitive behavior that harms or humiliates a person either physically or emotionally. When the act of bullying is gender-based, this harmful behavior is aimed at a person's sex or sexuality. This misconduct could be carried out through suggestive comments, jokes, insults, taunts, sending pictures, emails, or texts and intrusive questions about someone's private life. In higher education settings, the most common form of gender-based bullying is verbal.
Although gender-based bullying can be committed in person, it is increasingly become popular to bully electronically. The internet and mobile phones have provided various opportunities for bullying through e-mails, chat lines, text messages, pictures, web pages etc.
Throughout the Title IX process, it's important for accused students to remember that they are entitled to due process rights. Although most schools are expected to thoroughly adhere to their own policy, sometimes pressure from the Education Department, timing restrictions, and other factors may lead to an unfair process and result. This is why accused students need the help of an attorney advisor to ensure that the process stays equitable and that the school is held accountable if it deviates from federal rules.
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.