The Rochester, NY, Metropolitan Area is home to roughly 1,000,000 people. Although the area is most prominently known for being where the Eastman Kodak company is headquartered, Rochester also features several highly regarded colleges and universities that draw students from all walks of life. They all have a common goal of preparing for their future, but many students don't realize that a Title IX investigation could potentially ruin their academic career and negatively impact their future.
Are you a college or university student in the Rochester Metropolitan Area being investigated for Title IX violations? The outcome of the investigation could affect your life for decades. You could even be expelled from the university or lose your eligibility to receive federal financial aid. That's why it's important to protect yourself by getting a skilled advocate. Call the Lento Law Firm Student Defense Team at 888-535-3686 or contact us online today.
Title IX and How It Affects You
Title IX is the common name given to a series of federal laws and education amendments designed to eliminate gender-based discrimination and bias in higher education. Before these laws were passed in 1972, universities and colleges in the Rochester Metropolitan Area, and nationwide, were often home to discriminatory activities and biases that put female students at a tremendous disadvantage in the educational process.
Some of the obstacles faced by female students before the passage of Title IX include discriminatory admissions policies, a lack of equal funding for women's sports, and even being barred from certain majors. As is the case with many civil rights-related laws, Title IX protections have been expanded since its original passage and now cover other issues, including:
- Sexual harassment by university faculty, staff, or students
- Intimate partner violence
- Bullying or the creation of an environment that is hostile to female students
- Retaliation against students who file Title IX complaints
Title IX standards are set at the Federal level via coordination between the Department of Education (DOE) and the Office of Civil Rights (OCR), which is a division of the United States Department of Justice (DOJ). In early 2024, the DOE released new guidance that expanded Title IX protections to include LGBTQ students. It also expanded the scope of Title IX requirements in the following ways:
- Making colleges and universities responsible for preventing biased behavior, sexual harassment, or discrimination
- Expanding the prohibition on sexual harassment and discrimination to include behavior indicative of bias or hostility based on gender identity or sexual orientation
It also gave schools and universities additional flexibility in handling Title IX complaints by eliminating the requirement for in-person or live hearings. However, the new rules extended the duty of colleges and universities to enforce Title IX standards at some off-campus events (e.g., official road trips with athletic teams or other extra-curricular groups like the school band).
Another significant change in the 2024 updates is that they lowered the standard for guilt from “clear and convincing evidence” to “preponderance of the evidence.” All these additional protections and changes intend to make the university environment more inclusive. However, they also create additional pitfalls for students because there are now more potential violations that they can be disciplined for committing.
Colleges and Universities in the Rochester Metropolitan Area Covered by Title IX
Any college or university that wishes to benefit from federal funding is required to abide by Title IX requirements. That requirement applies equally to public and private universities. A partial list of colleges and universities in the Rochester Metropolitan Area includes:
- University of Rochester
- Rochester Institute of Technology
- SUNY Brockport
- University of Rochester School of Medicine and Dentistry
- SUNY Geneseo
- Monroe Community College
Your Title IX Obligations as a Student
If you don't see your college or university listed here, but it accepts federal financial aid such as Sallie Mae loans or Pell Grants for tuition payments, it must abide by Title IX standards. The same requirement applies to colleges and universities that use federal funding for research or any other purpose. Most importantly, your university will require you to adhere to Title IX standards as a condition of enrollment.
Who Can Report You for a Title IX Violation
Your obligation to conform to Title IX standards applies to any event or meeting on the University campus. That includes, but is not limited to:
- Classes
- Interactions on campus common areas (e.g., campus quad, campus buildings, campus administrative offices)
- The cafeteria
- Athletic practice
You're also expected to conform to Title IX standards at university-sanctioned off-campus events, such as traveling for sporting events or extra-curricular activities. Because Title IX is in effect in so many places, almost anyone can report you to your university's Title IX compliance office for a violation. The list of people who may report you includes, but is not limited to, the following:
- A classmate
- A professor or part-time teaching staff
- University employees
The Constant Evolution of Title IX Standards
Although the theory and reasoning behind Title IX are rooted in a desire to make universities more inclusive, there is a potential problem with Title IX enforcement. That problem lies in the fact that the OCR takes the national lead on Title IX standards and enforcement. The OCR answers to the Attorney General, who heads the entire Justice Department.
The Attorney General is appointed by the President of the United States, which means DOJ leadership changes every four to eight years, or even less time if the Attorney General steps down. New Attorney Generals also appoint their own department heads. The net effect is that a new OCR chief may view Title IX enforcement differently than the previous one.
This leaves university Title IX compliance offices subject to an ever-changing definition of what does and what doesn't constitute a Title IX violation. That uncertainty can also complicate your life as a student because potential Title IX violations can arise from your interactions with other students. It's important to remember that students can bypass their school's Title IX compliance department and lodge a complaint with the OCR.
Universities Face Severe Potential Penalties for Title IX Violations
Title IX violations can carry severe penalties for both universities and students. If the OCR investigates a university and finds there is a pattern and a practice of Title IX violations or the university allowed an environment conducive to Title IX investigations to fester, they can suspend the university's access to federal funding. That would bar students who attend the school from using federally subsidized loans or grants to pay tuition.
It would also leave the offending university ineligible to receive federal funding for other priorities, such as research grants or money to upgrade campus facilities. The loss of these funds would impact the university in several areas. The punishment is not only punitive, but it is public. A university that is on record as being punished for Title IX violations will lose a lot of cache in the eyes of potential students.
It could also suffer financially in other ways. Donations from alumni and well-respected community members are another key funding source for Rochester Metropolitan Area universities. Those benefactors will be a lot less likely to donate to universities that have been sanctioned for a Title IX violation. Title IX compliance offices exist to ensure that the University doesn't face these kinds of issues.
Title IX Violation Penalties for Students
You face numerous potential penalties for Title IX violations as a student. In most cases, the severity of the punishment will rise with the seriousness of the violation(s). Potential punishments include, but are not limited to, the following:
- Being subject to a no-contact order with the complainant in your case or other concerned parties
- Being placed on probation and required to meet certain criteria (e.g., attendance of gender bias classes or mandated sensitivity training)
- Being ruled ineligible to participate in extra-curricular activities (e.g., sports, student government, work-study job)
- Being suspended from the university for a designated time
- Being expelled from the university
Another thing to consider is that any of these punishments will become part of your official transcript. This could follow you throughout your adult life and become an issue whenever you apply for new jobs or graduate school. In some cases, Title IX sanctions can leave you ineligible to receive federal financial aid. Losing that funding could also make it much more difficult for you to continue working toward your education.
Seek Representation Immediately in Title IX Investigations
As you can see, the potential implications of Title IX investigations are serious. This is why we recommend contacting the Lento Law Firm Student Defense Team as soon as you discover you're being investigated for Title IX violations. In most cases, your university's Title IX office or coordinator will notify you in writing that you are under investigation for a violation. You may also be asked to submit a written response to the complaint.
The Title IX coordinator will also assign an investigator to the case to gather any relevant evidence. This evidence may include the following:
- Interviews with you
- Interviews with witnesses
- Digital evidence (e.g., texts, videos, cellphone chats, emails)
Your written response and anything you say to the investigator can be used as evidence against you. However, it's also an excellent opportunity for the Lento Law Firm Student Defense Team to help you craft a written response that offers you the most effective defense possible against the allegations in your complaint. We are also very experienced in helping our clients prepare for interviews with Title IX investigators.
Once the Title IX investigator has gathered all the relevant evidence, they will make a report and give it to the school's Title IX coordinator. Depending on the allegations, the Title IX coordinator may offer to resolve the issue informally. That may sound like an amenable solution, but the results of informal resolutions can still become part of your transcript. Let one of our experienced attorneys help you explore this option.
We may be able to negotiate an informal resolution that won't become part of your transcript. In other more serious cases or situations where we can't negotiate an informal resolution, the Title IX coordinator may opt to move forward with a formal disciplinary hearing. The Lento Law Firm Student Defense Team has successfully guided students through the Title IX hearing process without disciplinary action at universities nationwide.
Other Advantages of Legal Representation in Title IX Investigations
There are other potential advantages to having the Lento Law Firm Student Defense Team assist you through a Title IX investigation. Experience matters. For most students, being involved in a Title IX investigation is a one-time occurrence. We've spent decades representing students through this process, and we put that experience to work for our clients.
Another advantage to having our team work for you is that it allows you to continue your studies while we handle the investigation. We'll manage the correspondence with your university's Title IX department. More importantly, we'll work proactively with you to devise the most effective possible defense strategy in your case and keep you apprised of any relevant changes or important dates in the process.
Our commitment to you doesn't stop with the Title IX coordinator's final decision in your case. We may be able to directly negotiate a different outcome with your university's Office of General Counsel (OGC). If that doesn't yield the desired result, there is also the possibility of taking your case beyond the university's purview and into the public courts. The bottom line is that we never stop fighting for your rights in Title IX cases.
Let the Lento Law Firm Student Defense Team Fight for You
Being accused of a Title IX violation is one of the most serious situations you can encounter as a university student. An adverse outcome could ruin your academic career and your reputation. That's a lot to have on the line, and you owe it to yourself to have legal representation that cares as much about your academic career as you do.
The stakes in a Title IX investigation are too high to try and go it alone. Don't take chances with your future. Call the Lento Law Firm Student Defense Team at 888-535-3686 or contact us online immediately. Helping you reach your academic goals and protecting your reputation are our top priorities.
