The Raleigh-Carey area of North Carolina is known locally as “the Triangle.” It gets this name because the region's three major universities, UNC-Chapel Hill, Duke, and NC State, form the points of a triangle on a map. Graduating from any of these schools is an accomplishment, but every year, numerous students at these prestigious universities have their academic careers jeopardized by a Title IX complaint or investigation.
Are you a university student in the Triangle area being investigated for a Title IX investigation? Take it seriously and act immediately. Title IX sanctions include suspension, expulsion, and other adverse actions that will mar your academic record. Don't try to navigate this process alone. Protect your due process rights and your reputation by calling the Lento Law Firm Student Defense Team at 888-535-3686 or contacting us online today.
What is Title IX and How Does It Affect University Students in the Triangle?
It is an unfortunate reality that gender bias and misogyny have existed on college campuses for decades. Many of America's most prestigious universities demonstrated a pattern of gender bias in both admissions and hiring for much of the 20th century. Many also underfunded women's athletics programs or simply didn't have them. Women who did attend university were also subject to harassment from male classmates and had very little recourse to stop the behavior.
The Civil Rights and Women's Rights movement of the 1960s highlighted these issues and the need for structural change. The government responded by passing several education amendments in 1972. Title IX of these amendments prohibits sexually based discrimination, gender bias, and sexual harassment on college and university campuses. The legislation has since become known as “Title IX.”
Title IX is Enforced at the Federal Level
The amendments that created Title IX also gave the United States Justice Department's Office of Civil Rights (OCR) oversight and enforcement authority over Title IX. People who believe their Title IX rights have been violated can file a complaint with the OCR, which will investigate the claim. If the OCR finds that the college or university violated Title IX, it can suspend all federal funding to the university.
Students who qualify for federally funded financial aid such as SallieMae loans or Pell Grants can't use those resources to attend a university that has been found in violation of Title IX. The funding ban also extends to federal grants for any purpose, including research. The Triangle has become internationally known as a hub for scientific research, and a loss of federal funding would put any university at a disadvantage in that competitive arena.
How Have Universities Responded to Title IX?
Every university in the Triangle has committed to upholding Title IX and has taken visible steps to maintain compliance with Title IX. Duke University has created an Office of Institutional Equality and has a Title IX coordinator to handle Title IX compliance. NC State and UNC are both part of the state university system, and follows a system of Title IX investigations set by the University of North Carolina's policy manual.
The role of on-campus Title IX coordinators and departments extends beyond compliance and into enforcement. One of the criteria the OCR uses in punishing schools that violate Title IX is whether the university has fostered an environment conducive to sexual harassment. Consequently, compliance offices and Title IX coordinators also exist as a first option for students who think their Title IX rights have been violated to report their concerns.
A student can report anyone in the university, including other students, for Title IX violations. Title IX coordinators and compliance offices also have the authority to investigate these reports to assess their credibility. If investigations reveal that a person, or people, at a university have violated Title IX, they can sanction the student directly or via the school's disciplinary process.
Handling Title IX issues in this fashion benefits universities in several ways. First, the existence of Title IX coordinators and compliance departments proactively demonstrates that the university takes Title IX compliance seriously. Disciplining students suspected of Title IX violations also affords universities more credibility in showing they didn't create an environment conducive to Title IX violations. Unfortunately, the accused's due process rights can be lost in this milieu.
Title IX Also Applies to Student Conduct
Many students may not realize that their university requires everyone on campus to comply fully with Title IX, not just the teaching staff, faculty, and administration. They may also be surprised to learn that sexual harassment or sexual assault that takes place on a college campus or at any university-sanctioned event violates Title IX. This is where the water gets murky for students accused of Title IX violations.
Title IX Standards Are Set at the Federal Level
Although every school or university in the Triangle must abide by Title IX, the standards for Title IX are always evolving. That's because the leadership at the Justice Department, which oversees the OCR, changes every four or eight years when a new presidential administration comes in. Incoming presidents typically name a new Attorney General, and it's not uncommon for incumbent presidents to do the same before their second term in office.
New Attorney Generals have their own priorities and interpretations of federal law. They usually replace the heads of major departments (such as the OCR) with appointees who tend to interpret legal issues, like the Attorney General who hired them. That creates continuity of purpose at the top levels of the justice department, but it also creates a see-saw effect for Title IX enforcement.
Everything from what constitutes sexual harassment and gender bias to how aggressively Title IX will be enforced can change when new leadership comes in at the OCR. That means behavior that the previous OCR leadership would have interpreted as a Title IX violation may no longer be regarded as such. It could also mean behavior that the prior regime saw as benign could be interpreted as a violation by the new leadership.
Inconsistency at the Federal Level Creates Uncertainty at Triangle Universities
The inconsistent interpretation of Title IX at the federal level trickles down to the colleges and universities inside the Triangle. After all, their compliance offices and Title IX coordinators take their cues from the federal government, which is supposed to set and enforce Title IX policy. Unfortunately, the fact that the OCR's Title IX standards go back and forth leaves universities to make their own “good faith” interpretation of Title IX.
This creates a situation where the outcome of a Title IX investigation is down to the individual interpretation of your university's disciplinary committee or whatever administrator is tasked with deciding the outcome. That's a very subjective standard and it can vary widely between universities. It's also important to remember that sexual assault is covered under Title IX.
So, a student could allege you committed a sexual assault to the police as a crime and to the university's Title IX coordinator as a violation. That could leave you facing a criminal investigation on the one hand and a university Title IX investigation on the other.
You could still be severely sanctioned by your university for a sexual assault-related Title IX violation even if the local authorities decline to prosecute or the charges are dropped. Complicating matters further is the fact that investigatory and disciplinary procedures can vary widely between different universities.
Title IX Investigative Procedures At North Carolina's Public Universities
More importantly, nothing in the federal statute mandates that a university's Title IX investigation, adjudication, and disciplinary process have the same transparency or standard of guilt that exists in criminal investigations. Although each university may have its version of due process in Title IX investigations, that due process does not necessarily entitle you to be judged by a jury of your peers.
State schools and public universities in the Raleigh Carey area such as North Carolina State or the University of North Carolina-Chapel Hill follow the same procedures. Their Title IX policies outlined by the University of North Carolina Policy Manual on Student Disciplinary Proceedings.
Depending on the circumstances, your university may offer you the opportunity waive your right to a hearing and accept a formal sanction. This offer may seem tempting, but we strongly recommend you allow the Lento Law Firm Student Defense Team to negotiate it for you. These sanctions could become part of your permanent record and we can help make sure you understand all the potential ramifications of the proposed agreement.
Your case could move to an official hearing if you don't agree to sanctions, or the university believes they are not sufficient punishment. This hearing will usually be held by an designated administrator or a committee chosen by the university. You'll have the opportunity to present evidence and challenge the evidence against you, and these are both areas where the Lento Law Firm Student Defense Team excels.
Potential Conflicts of Interest
The procedure for conducting Title IX investigations and hearings may differ if you're attending a private college or university, such as Duke. However, there is one overarching risk for you with all Title IX investigations.
That is the university would much prefer to remove a single student than allow you to go without sanctions and risk an OCR investigation. Despite the fact that the Title IX investigation process is supposed to be neutral, the reality remains that your university may be more concerned with protecting access to federal funds than they are will your academic career.
Add that to the ambiguity from the OCR about what does or doesn't constitute Title IX violations, then mix in a “jury” of university administrators, and you have a perfect recipe for violating the due process rights of students accused of Title IX violations. That's why it's so important for you to contact the Lento Law Firm Student Defense Team immediately after being notified that you're under investigation for a Title IX violation.
The Potential Consequences of a Title IX Investigation are Life-Changing
It's important to remember that keeping the university in the OCR's good graces is the primary focus of a Title IX coordinator or compliance office. In many cases, they may believe the most efficient and effective way to do that is by harshly disciplining students who violate Title IX. Unfortunately, the consequences of an adverse outcome in a Title IX investigation can be devastating.
You could end up with a reprimand, suspension, or even an expulsion on your academic record. A Title IX violation on your record could disqualify you from admission to some highly competitive graduate schools or lock you out of professions where high moral standing is required (e.g., law, medicine). In either case, you could be forced to explain away an incident from your late teens or early 20s for the rest of your life.
How to Protect Yourself in Title IX Investigations
It may feel like the deck is stacked against you in a Title IX investigation. At best, you could say the process lacks transparency. At its worst, the process has the potential to be patently unfair. That does not mean there is no way to fight back or protect yourself. The Lento Law Firm Student Defense Team has successfully fought for accused students in Title IX investigations at every university in the Triangle and all over the country.
We offer a dedicated group of attorneys and diligent staff who know your university's standards and will fight for your due process rights. As it stands, there is considerable debate about where Title IX offices can even intervene and investigate. However, they won't tell you that if you're under investigation. Our team knows the law at the federal and state level, and we will hold your university to that standard.
We may be able to demonstrate that the university's Title IX coordinator or compliance office has overstepped its mandate by investigating you. Our team will look critically at the evidence against you and thoroughly examine the voracity of any misconduct claims. We can use subpoena power to uncover witnesses or other evidence (e.g., surveillance footage) that may shed light on your case or prove your innocence.
Possible Alternatives and Mediation
It's important to understand that Title IX investigations do not have to be a zero-sum game where the school wins and you lose or vice-versa. In many cases, the confusion over what happened, and the ambiguity of Title IX standards nationwide may allow our team to explore disciplinary alternatives through mediation with your university's Office of General Counsel (OGC).
This could result in a mutually agreeable arrangement where you can continue your academic career without having the stain of Title IX-related discipline on your university records. With that said, you can rest assured that our team will never sell you out or recommend you take a deal we don't believe is in your best interest. We are ready, willing, and able to fight for you throughout the process.
You Don't Have to Fight Title IX Violations Alone
College is supposed to be a magical life experience where you create memories you will cherish forever. Unfortunately, an offhand comment or genuine misunderstanding between you and a classmate can lead to a Title IX investigation that turns your magical experience into a nightmare. Although it might feel like the whole university is against you in a Title IX investigation, you must remember you're not alone.
The Lento Law Firm Student Defense Team stands ready to defend your rights and good name. We are not concerned with maintaining our federal funding or presenting the “right” public image in the Triangle community. Our only focus is fighting for your due process rights and getting the best possible outcome for you in any Title IX investigation. Call our Student Defense Team at 888-535-3686 or contact us online today!
