Stockton and the surrounding areas of San Joaquin County are home to some of California's top colleges and universities, including Humphreys University and the University of the Pacific, as well as some of the state's best-performing high schools. Like all schools in the United States, the ones in this area of California are governed by Title IX regulations. While Title IX was originally intended to prevent gender discrimination in educational institutions, its scope has expanded significantly over time, and it is now frequently used to address allegations of sexual misconduct. Title IX is often applied not just to faculty and school employees, but to students as well.
This expansion of Title IX has brought with it complications and confusion. This is compounded by the fact that Title IX is constantly being reshaped by presidential administrations, state legislatures, and court decisions. Educational institutions feel pressured to adhere to regulations despite the lack of consistency, as they could be stripped of federal funding if they don't comply. Because of this, many schools are forced into handling Title IX allegations quickly rather than thoroughly.
This atmosphere of legal ambiguity is less than ideal, especially because Title IX accusations can easily annihilate careers or academic ambitions. Students or faculty facing such accusations often face overwhelming challenges, driven by the intense government pressure that the school faces. What's worse, many schools' Title IX coordinators serve as both the investigator and the jury in these cases, which raises questions about the legitimacy and impartiality of their decisions.
If you're facing Title IX accusations at a Stockton university, high school, or other educational institution, the Lento Law Firm Student Defense Team can help. We won't let your school throw away your future in order to protect its Title IX government funding. Call us today at 888-535-3686 or contact us online to learn how we can help protect your rights.
What is Title IX and How Has it Changed?
Title IX originated as part of the Education Amendments of 1972. It was originally intended to eliminate sex-based discrimination from federally funded education programs, with a strong focus on leveling out the disparities between men's and women's athletics programs. Particularly when it came to allocations of resources, funding, and scholarship opportunities for athletes, it was considered a landmark legislative achievement and had a significant impact on female participation in sports.
As gender equity awareness and societal norms changed, Title IX's scope changed too. It moved beyond just athletics, taking on gender-based discrimination in admissions, financial aid, and other student services, as well as in faculty employment at educational institutions.
In the 1990s, the Department of Education's Office for Civil Rights (OCR) began using Title IX as a way to tackle other forms of gender discrimination as well as sexual harassment and assault. This expansion of scope culminated in the 1999 case Davis v. Monroe County Board of Education, where the Supreme Court ruled that schools could be held liable under Title IX for being deliberately indifferent to known acts of student-on-student sexual harassment.
Title IX has continued to evolve in the 25-plus years since that decision, and every change in Title IX rules results in further complications for educational facilities, their staff and faculty, and their students. Today, it is difficult to mount a fair defense against Title IX allegations because of how much the law has evolved from its various interpretations over the years.
Nearly every presidential administration has interpreted Title IX differently, based on the lens of their own agenda. The Obama administration, for example, issued the famous "Dear Colleague" letter in 2011, which emphasized schools' responsibilities in preventing and addressing sexual violence. The first Trump administration, feeling that the previous administration's changes had tipped the scales too far in favor of victims (at the expense of ensuring due process rights and fair treatment of the accused), introduced requirements that required live hearings and increased the standards of proof in these cases. Biden then rolled back these changes, restoring the standards that Obama had set up, while simultaneously expanding Title IX protections in other ways. In Trump's second term, he quickly threw out Biden's standards and reverted to the system that had been put into place during his first term.
This shows how much back and forth there is when it comes to Title IX rulings. The above example also drastically simplifies the legal language at work here—the Biden administration's Title IX guidance encompassed more than 1500 pages of legal text just on its own. It also underscores how difficult it is to strike a balance that protects students from sexual harassment and discrimination while also ensuring the rights of the accused are respected.
What To Do If You're Accused of Title IX Violation in Stockton, California
If you've been accused of violating Title IX regulations, it's essential that you act quickly to defend yourself. The longer you wait, the further ahead the school's investigator will get and the closer you'll be to potentially life-altering consequences. The Lento Law Firm Student Defense Team is ready to help guide you through the entire legal process of your defense and make sense of the dense and shifting legal terminology.
Remember, because Title IX has been expanded to address sexual misconduct, the accuser's interests are now often closely aligned with those of the school because of the public funding, which could be millions of dollars, possibly at stake. A student who chooses to accuse another student of sexual assault will likely get the full authority of the school on their side, even if those allegations are false. It takes only the slightest amount of “evidence” to make a school start worrying about losing its Title IX funding. They will be forced to pursue the issue, and many schools have significant resources to use should the matter advance to court.
This means that students accused under these circumstances need a strong advocate in their corner. In Stockton, California, that advocate is the Lento Law Firm. We know that school Title IX coordinators can be quick to assume guilt in Title IX cases and just as quick to sacrifice the rights of a single student in order to protect the federal funding they receive from Title IX compliance. We won't let your rights get trampled by an overzealous Title IX coordinator, and we will make sure that your side of the story gets the attention it deserves.
What Accusations Fall Under Title IX?
While Title IX was originally intended to end discriminatory practices in women's sports programs, its scope has expanded to include any incident of gender-based discrimination as well as sexual harassment and violence.
Title IX may use different terminology, but the accusations often involve serious criminal conduct. For instance, what a school calls "non-consensual sex" is legally considered "rape." "Non-consensual sexual contact" would be deemed "indecent assault," which could include acts like kissing someone without their consent.
Being convicted of these allegations in the criminal justice system could result in fines, jail time, and other severe consequences, including mandatory registration as a sex offender under Megan's Law. Fortunately for the accused, most Title IX cases do not make their way into the criminal justice system. Unfortunately, the reason that most Title IX cases aren't tried in criminal courts is because the standard of proof is much higher in the criminal justice system. Cases that lack substantial enough evidence to press criminal charges can still result in life-altering convictions under Title IX.
Title IX investigations are conducted by school employees, not trained law enforcement or legal professionals. These “investigators” often lack the experience and understanding necessary to make nuanced and accurate decisions. They can be quick to hand down serious disciplinary actions for the accused while creating a culture of minimal accountability for accusers.
If you've been confronted with a Title IX investigation or sexual misconduct charge, don't trust your future to a school-provided advisor. Even if a case doesn't involve criminal charges, it can carry consequences that change the course of your entire life, including being fired or expelled from your school.
When faced with Title IX accusations, your best bet is to hire qualified legal counsel like the Lento Law Firm. Our Student Defense Team is ready to take your case and secure the best possible outcome for your future.
Possible Impacts of Title IX Accusations in California
If you are found responsible in a Title IX case in Stockton, California, the consequences can be severe. If you're an employee at an educational facility, you could lose your job. If you're a student, you could be expelled. The consequences could also include losing internships or other placements, as well as being prohibited from serving as an officer in the military. All of these opportunities can vanish in an instant if you're deemed responsible for a Title IX violation.
Other consequences can include "no-contact orders," interim suspensions from school, suspension from NCAA sports (affecting future eligibility), termination of on-campus employment (such as resident advisor positions), relocation or banning from student housing, restrictions on class schedules, and dining hall bans when the complainant is present, and more. These consequences can be levied during the investigation process, complicating on-campus dynamics and potentially upending life for the accused even before an outcome has been reached.
All of this underscores why it's so important to take any Title IX complaints seriously and to meet them with the best possible defense.
Why You Need a Title IX Education Law Attorney in San Joaquin County, CA
In the court of law, a person is innocent until proven guilty—the burden of proof is on the accuser. Title IX cases are not tried in a court of law. The accuser's word carries significant weight, as many schools would rather err on the side of the accuser for fear of losing federal funding for violating Title IX regulations.
Not only is this an uphill battle, it's one where the rules of engagement can be unclear. Title IX has over 50 years of legal precedent that has fundamentally changed the scope and spirit of the law. Different state and federal administrations also choose to enforce Title IX differently, sometimes significantly so.
While the school may provide you with an advisor, what you really need is a lawyer. Someone who can parse the complicated legal history of Title IX and ensure that the school investigator, who also usually decides the outcome of the investigation, is following the law and respecting your rights.
The Lento Law Firm Student Defense Team knows how to navigate Title IX cases and secure the best possible outcome for your future. We will conduct a thorough independent investigation, gathering evidence and testimony that will tell your side of the story. We understand how to mount a nuanced defense, and we have experience working with Title IX offices throughout the nation. We're comfortable engaging with Title IX investigators, a school's general counsel, the campus police, and even the Department of Education's Office of Civil Rights should it be necessary.
Facing Title IX accusations can be a scary, turbulent experience. Your reputation could be ruined—both personally and professionally. Your future could be derailed as a result of a school expulsion or the loss of some other opportunity. You could even be forced out of your residence by a campus housing ban. Don't face any of this alone, or with the part-time “assistance” of a school-provided advisor who is likely overworked and out of their depth of experience.
Call the Lento Law Firm Student Defense Team today at 888-535-3686 or contact us online for your confidential consultation. We'll be by your side every step of the way, and we will fight tirelessly to ensure your case gets the fair treatment it deserves. Your future is too important to leave in the hands of anyone else.
