Silicon Valley is home to several dynamic, high-quality universities including San Jose State, Santa Clara University, and Stanford University. Graduating from any of these universities can set you up on a great career path in your chosen field. However, a Title IX investigation can force you to put your dreams on hold. It doesn't have to be that way.
Are you a Silicon Valley college or university student being investigated for Title IX violations? You may not realize it, but your academic future and reputation could be in jeopardy. Although Title IX is designed to protect students, inconsistent enforcement standards can lead to an unfair process that is tilted against the accused. That's why it's important to protect yourself. Call the Lento Law Firm Student Defense Team at 888-535-3686 or contact us online today.
What is the Purpose of Title IX?
Most reasonable people agree that everyone deserves an equal opportunity to attend college in Silicon Valley. There is also broad consensus that students should be able to pursue their academic goals without being subject to sexual harassment, gender bias, or misogynist behavior. Sadly, that was not always the case, and many students have endured mistreatment or bias in the educational arena.
The Federal Government tried to alleviate this problem by passing several education amendments in 1972. They instituted protections for students against gender bias, sexual harassment, and other unacceptable forms of behavior that exhibited bias against female students. The most important set of protections in these amendments was found in Title IX and has since become known simply as “Title IX.”
Title IX specifically bans sexual assault, gender bias, discrimination, harassment, and mistreatment based on sex in the following areas:
- University admissions policies
- Apportionment of financial aid
- Funding for women's sports and co-ed facilities
- Grading
These bans apply to anyone who works at the university, including administrators, professors, teaching assistants, campus security, general staff, and any vendors that provide services for the university. Title IX also applies to every Silicon Valley college or university student. Any classmate who believes you infringed on their Title IX rights can file individual complaints against you and/or the university.
Who Enforces Title IX?
The legislation that enshrined Title IX into law also delegated enforcement authority to the federal government through the United States Department of Justice (DOJ). The Office of Civil Rights (OCR) is a DOJ division that manages Title IX enforcement nationwide. The OCR fields complaints and conducts investigations of universities, university officials, and even university students suspected of Title IX violations.
The OCR Can Institute Stiff Penalties For Title IX Violations
The OCR can levy stiff penalties against universities that its investigators find in violation of Title IX. These penalties increase in severity based on the degree and frequency of the violation(s). The strongest sanctions are reserved for universities the OCR believes have exhibited a pattern and a practice of Title IX violations or created an environment that makes Title IX violations likely to occur.
Universities that fall into this category can be cut off from federal funding entirely. That means Silicon Valley area universities can't receive federal financial aid (e.g., Sallie Mae loans, Pell Grants) from its students. Losing the ability to attract students who receive financial aid would negatively impact the school's public image and diminish the overall quality of its student body.
However, the suspension of financial aid is only one part of the federal government funding ban for universities that violate Title IX. The ban also leaves them ineligible to receive federal funding for other purposes such as research, facility upgrades, or even participation in federally funded studies. This would result in a devastating loss of academic prestige for any affected university.
University Administration Fears Title IX Sanctions
Silicon Valley Universities have played key roles in producing graduates who become leaders in the business community and staff the area's numerous tech companies. Losing federal funding for Title IX violations would severely limit any Silicon Valley area university's ability to continue doing that. In short, Title IX cases are the kind of public relations nightmares that keep university administrators up at night.
Most of them have adopted the position that taking a proactive stand against Title IX violations is the best way to avoid the most severe OCR penalties. That proactive stand varies slightly between different Silicon Valley area universities, but there are some commonalities. Stanford, San Jose State, and the University of Santa Clara have all established their own internal offices to enforce Title IX compliance on their campuses.
Universities hope that they can prevent students from filing OCR complaints by establishing compliance offices that allow them to report suspected Title IX violations internally. However, the existence of a compliance department also allows universities to show the OCR that it takes Title IX compliance seriously.
That may reduce the chances that the OCR will find the university has a pattern and practice of Title IX violations or has created an environment that encourages Title IX violations. Unfortunately, that can lead to your academic standing and reputation being sacrificed during the university's investigation and disciplinary process.
Title IX is In Effect On the Campus and Off
Students attending Silicon Valley universities should know that Title IX requirements are always in force on their university's campus. That means in the classroom, the dormitory, or any other university facility. These standards are also in effect at any sanctioned university event that takes place off-campus, such as road trips with sports teams or other extra-curricular university clubs.
Title IX Standards and Fraternities
Title IX standards also apply to any events hosted by any fraternity with a university charter. Many Title IX investigations spring out of events or parties sponsored by university fraternities. These events often feature alcohol being served and hazy memories of events thereafter.
That can lead to university Title IX compliance offices or coordinators investigating an entire fraternity. If your fraternity is being investigated for Title IX violations, it's essential to protect yourself by calling the Lento Law Firm Student Defense Team. We will work tirelessly to make sure that your academic reputation doesn't suffer because of other people's bad actions or behavior that occurred when you were not present.
See-Saw Effect of Shifting Title IX Standards
It is a well-known fact that enforcement and interpretation of federal statutes can vary significantly from one lawyer to the next. That impacts Title IX enforcement because the OCR (a division of the DOJ) defines the standards for what constitutes a Title IX violation. However, the DOJ leadership changes with almost every presidential election because presidents can appoint their own Attorney General (subject to Senate approval).
New Attorney Generals also tend to populate DOJ leadership with their own appointees over the DOJ's various divisions. That includes the OCR and Title IX enforcement standards can change radically as a result. The OCR can go from aggressively enforcing Title IX to taking the opposite approach with the stroke of the Attorney General's pen.
The effect of this constant push and pull at the federal level on Title IX enforcement can be very confusing to university administration. A complaint that may not lead to an investigation under current OCR leadership might lead to an investigation and severe sanctions under a future presidential administration. In the meantime, universities like Stanford and San Jose State are often left to sort out Title IX by themselves.
Title IX Standards and Enforcement Varies at Silicon Valley Universities
The inconsistency at the federal level on Title IX standards has created an equally uncertain situation at Silicon Valley universities. Each of the major universities in Silicon Valley has a department charged with investigating and enforcing Title IX. San Jose State has its Office for Title IX and Equal Opportunity, while Stanford has its SHARE Title IX and Title VI Dept., and Santa Clara has its own Office of Title IX and Equal Opportunity.
Each of these departments interprets Title IX differently based on the advice of their Offices of General Counsel (OGC). This means that an offhand comment you make while attending Stanford might be interpreted as a Title IX violation by its SHARE department, but the same comment would not be considered a violation by Santa Clara's Office of Title IX and Equal Opportunity.
Since Title IX also covers sexual assault, students can file Title IX complaints against you for sexual assault in addition to making a criminal complaint with the local law enforcement authorities. Your university can sanction you for Title IX violations even if criminal charges are dropped or the authorities decline to prosecute.
That's why there is doubt about where an individual university's authority to investigate some Title IX violations begins and ends. All this uncertainty can lead to you being stuck in the middle if you're accused of a Title IX violation.
Consequences of Title IX Investigations Can Be Life-long
Although there is a great deal of uncertainty at the federal and university level about what constitutes a Title IX investigation, there is no doubt your academic career and reputation will suffer tremendously if you're found to have violated Title IX. Possible punishments include public admonitions on your student record, suspension, or permanent dismissal (expulsion) from your university.
That mark on your academic record is permanent and it can trail you for years. It will likely complicate your efforts to transfer to different universities, get accepted to graduate school, or even seek employment after graduating. All it takes is a misunderstanding between you and a classmate, plus the intervention of a Title IX compliance office that may not fully understand what Title IX is, to ruin your college career.
How to Fight Title IX Investigations
The first thing to do when dealing with a Title IX investigation is to take it seriously. Recognize that your academic career and reputation are in the balance and reach out to the Lento Law Firm Student Defense Team. We have successfully defended students from Title IX investigations at Silicon Valley universities and colleges all over the country.
We will work closely with you to get a full understanding of your side of the story. Then, we'll take a critical look at the school's evidence against you and craft a detailed plan on how to best defend you. That could involve serving subpoenas on your university's compliance office for potential exculpatory evidence and conducting a thorough search for witnesses to the alleged incident(s) at the root of the Title IX complaint.
Our team will also ensure that your due process rights are not trampled by overzealous university administrators who are more concerned about protecting their federal funding than they are about fundamental fairness. This is key in Title IX investigations because the burden of proof is largely determined by your university's interpretation of Title IX laws. Fighting Title IX cases by yourself is a huge gamble that is unlikely to yield a positive result.
Alternatives to Title IX Discipline
Preserving your academic future and personal reputation is always our first commitment at the Lento Law Firm. Our Student Defense Team takes every case with the expectation the goal of refuting the charges against you and allowing you to continue your education. That means exploring potential disciplinary alternatives with your university's Office of General Counsel (OGC), which is another alternative we will explore.
That doesn't mean we will pressure you to settle your case or take a deal that we don't believe is in your best interests. It means we will explore possibilities that allow you to continue working towards your academic goals. If we can find a middle ground that offers a mutually beneficial outcome for all parties, we will discuss that option with you. In the meantime, we will never stop fighting for you.
Title IX Investigations Don't Have to Ruin Your Academic Career
It's a tremendous accomplishment to be accepted to any of the great universities in Silicon Valley. A misunderstanding with a fellow student or an overly aggressive Title IX investigator does not have to end your academic career. However, you must understand that it can happen, and the chances of an adverse result may be significantly higher if you don't have quality legal representation in Title IX investigations.
Do not be naïve about the fact that your reputation and future are on the line if your university investigates you for a Title IX violation. The Student Defense Team at the Lento Law Firm is here to fight for you when no one else will. We are passionate about student defense and protecting young people's futures. Don't delay. Call the Lento Law Firm Student Defense Team at 888-535-3686 or contact us online today!
