Title IX and Offensive Touching

Title IX of the Education Amendments is a federal law that condemns discrimination on the “basis of sex” committed by and/or against students that attend federally funded colleges and universities. The majority of higher education institutions in the country are funded by the government in some capacity, which means that most colleges and universities in the nation are obligated to comply with Title IX regulations.

In recent years, it's been determined that sexual misconduct - in all of its variations - is technically sex discrimination. This means that actions that constitute sexual misconduct are a direct violation of Title IX, and therefore must be adjudicated by the school, according to current guidelines.

Offensive touching is a common form of sexual misconduct that Title IX coordinators receive complaints of on campus. In the event that a complaint is filed alleging offensive touching, the accused student and the 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 where the institution will determine, based on the evidence gathered, if the accused is “responsible” for violation Title IX.

What Is Offensive Touching?

The concept of what is “offensive” may be subjective, but under most school policy, it is defined straightforward and simply. Generally, a touch is offensive when it is sexual, unwanted and done in an offensive or harmful way. The requirement for offensive touching is also pretty easily met. It does not have to cause or intend to cause pain or injury, and it doesn't even have to be forceful. Physical contact with something connected to a victim - such as clothing - could also constitute offensive touching at most schools. Groping, fondling, a smack on the butt, are all examples of physical contact that could constitute the violation of offensive touching.

Throughout the Title IX process, it's important that accused students remember that they have due process rights. Although most schools are expected to thoroughly follow 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.

Contact Us Today!

Footer 2

If you, or your student, are facing any kind of disciplinary action, or other negative academic sanction, and are having feelings of uncertainty and anxiety for what the future may hold, contact our offices today, and let us help secure your academic career.

This website was created only for general information purposes. It is not intended to be construed as legal advice for any situation. Only a direct consultation with a licensed Pennsylvania, New Jersey, and New York attorney can provide you with formal legal counsel based on the unique details surrounding your situation. The pages on this website may contain links and contact information for third party organizations – the Lento Law Firm does not necessarily endorse these organizations nor the materials contained on their website. In Pennsylvania, Attorney Joseph D. Lento represents clients throughout Pennsylvania's 67 counties, including, but not limited to Philadelphia, Bucks, Chester, Delaware, Montgomery, Berks, Lancaster, Lehigh, and Northampton County. In New Jersey, attorney Joseph D. Lento represents clients throughout New Jersey's 21 counties: Atlantic, Bergen, Burlington, Camden, Cape May, Cumberland, Essex, Gloucester, Hudson, Hunterdon, Mercer, Middlesex, Monmouth, Morris, Ocean, Passaic, Salem, Somerset, Sussex, Union, and Warren County, In New York, Attorney Joseph D. Lento represents clients throughout New York's 62 counties. Outside of Pennsylvania, New Jersey, and New York, unless attorney Joseph D. Lento is admitted pro hac vice if needed, his assistance may not constitute legal advice or the practice of law. The decision to hire an attorney in Philadelphia, the Pennsylvania counties, New Jersey, New York, or nationwide should not be made solely on the strength of an advertisement. We invite you to contact the Lento Law Firm directly to inquire about our specific qualifications and experience. Communicating with the Lento Law Firm by email, phone, or fax does not create an attorney-client relationship. The Lento Law Firm will serve as your official legal counsel upon a formal agreement from both parties. Any information sent to the Lento Law Firm before an attorney-client relationship is made is done on a non-confidential basis.

Menu