If you ask Tucson metropolitan area college or university students what they see as the biggest threat to their academic career, most will probably say, “bad grades.” That would be a very good answer, but bad grades aren't the only thing that can derail your college career. Being investigated and punished for a Title IX violation can easily destroy your college career. They are especially dangerous if you don't have adequate legal representation.
Are you a Tucson metropolitan area college student being investigated for Title IX violations? This is no laughing matter. Title IX is a series of federal laws designed to prevent sexual harassment and gender discrimination on college campuses. Violating Title IX can result in severe discipline, including expulsion. However, you still have due process rights. Get legal representation and call the Lento Law Firm Student Defense Team at 888-535-3686 or contact us online today.
The Origins of Title IX and Evolution of Title IX
You may not be familiar with Title IX, but it is the common name for a landmark series of equal education amendments originally passed in 1972. Their purpose was to add equity and fairness to America's colleges and universities by prohibiting gender bias and discrimination in academia. Before the passage of Title IX, many universities had a modus operandi that was biased and unfair to female students. This unfairness manifested itself in many ways.
Some did not accept applications from female students, while others barred female students from certain fields of study. There were also cases where funding for male and female sports was uneven, which limited scholarship opportunities for female athletes. Title IX was designed to change all that, and it banned many discriminatory practices, such as:
- Discrimination based on gender in college admissions
- Having co-ed facilities of inferior quality for females
- Underfunding women's sports budgets
- Biased grading is where female students are held to different academic standards than males
- Barring females from certain fields of study or majors
These changes were positive and resulted in a dramatic increase in female students pursuing higher education. However, Title IX's focus on administrative issues and university policies did not address all the areas of bias and discrimination female students encountered. Decades of universities being all-male or predominately male environments had created an unfriendly atmosphere for female students on many campuses.
Legislators responded by expanding Title IX protections to cover biased or discriminatory behavior by other students. Some of these expanded protections included:
- Prohibiting sexual harassment or hostile behavior indicative of gender bias
- Prohibiting intimate partner violence (e.g., sexual assault, physical abuse)
- Creating environments that were hostile to female students
- Retaliating against people who filed Title IX complaints
These protections are always in effect on university and college campuses. That means your behavior with or toward female students anywhere on the university campus or at official university events that take place off-campus (e.g., fraternity parties, road trips with extracurricular clubs or groups) must comply with Title IX.
Title IX's Latest Expansion
As is the case with many civil-rights-based legislation, Title IX's meaning has expanded through the years, and so has the list of people protected under Title IX. In 2024, Title IX protections were extended to LGTBQ students. The 2024 updates also created an obligation for colleges and universities to proactively prevent Title IX violations of any kind on the campus or off it at official university activities.
One of the most important aspects of the 2024 changes is that it altered the standard for establishing guilt in Title IX investigations. The previous standard called for “clear and convincing” evidence to be presented to prove a Title IX violation occurred. The updated standard now allows for a “preponderance of the evidence” to be construed as evidence of an infraction.
This effectively lowered the standard, meaning it's easier for you or your university to be found in violation of Title IX after an investigation than it was before. That's important because the requirement that universities maintain bias-free environments also puts the university administrators in a position where they are actively policing your interactions with other students.
Tucson Metropolitan Area Universities and Title IX
Title IX is federal legislation, which means it is in force and effect at universities nationwide. Every college or university that benefits from federal aid, either directly through grants or indirectly by accepting Pell Grants and SALLIE MAE loans as tuition assistance, must adhere to Title IX. The list of colleges and universities in the Tucson metropolitan area compliant with Title IX includes, but is not limited to, the following:
- The University of Arizona
- Pima Community College
- Arizona State University-Tucson Campus
- Central Arizona College
No matter where you attend college or university in the Tucson metropolitan area, there is a strong possibility that your chosen institution mandates Title IX compliance. That means you will be expected to comply with Title IX as a condition of attendance, and your college or university reserves the right to discipline you for non-compliance.
The Two Tracks of Title IX Enforcement
The Department of Justice's Office of Civil Rights (OCR) enforces Title IX for the federal government. Anyone who believes that a Tucson metropolitan area university or university student has committed a Title IX violation can file a complaint with the OCR office that oversees the area. If the OCR investigation finds a violation has occurred, it can suspend the school's eligibility for federal funding.
Although it's clear which government agency has enforcement responsibility for Title IX, there is much less consistency in Title IX enforcement standards. That's because the United States Attorney General appoints the head of the OCR and sets Department of Justice policy. The Attorney General is appointed by the President of the United States, which means there is a new Attorney General every four to eight years.
That can mean downstream changes at the OCR, and those changes can radically impact how Title IX is enforced. A new Attorney General could name a head of the OCR who envisions a very expansive and active version of Title IX enforcement, or they could name someone who takes the opposite approach. In either case, the OCR's Title IX enforcement policy could change after a national election or a new Attorney General is appointed.
Title IX Enforcement at the University Level
The second track of Title IX enforcement exists at your college or university. Remember, the institution is responsible for maintaining Title IX compliance in all aspects of campus life. They accomplish this by establishing Title IX departments or Title IX coordinators who interpret federal standards and enforce them at the university. With that said, the constantly evolving federal standards complicate their enforcement efforts.
If you are a University of Arizona student, your school's Title IX efforts are run through the Office of Institutional Equity. Anyone who believes they are the victim of a Title IX infraction or have witnessed a Title IX violation at the University of Arizona can file a complaint with the Office of Institutional Equity. This office will be responsible for investigating the complaint. If you are named in the complaint, the office will provide you with a “notice of allegations.”
This notice will summarize the violation(s) against you and inform you of your right to have an advisor assist you throughout the process. We recommend contacting the Lento Law Firm Student Defense Team as soon as you receive the notice of allegations. Remember, the Title IX investigator only needs a “preponderance of the evidence” to show that you committed a violation.
With a standard that low, it's to your advantage to have our Student Defense Team on your case as early as possible. It's surprisingly easy to admit to a violation while interviewing or preparing a written statement in response to the initial notice of allegations. That's much less likely to happen if our Student Defense Team is working for you because we can help prepare you for the interviews or write a formal statement.
Why It's Important to Have Representation in Title IX Cases
Regardless of which Tucson metropolitan area college or university you attend, the key thing for you to understand is that your reputation and academic career are on the line in any Title IX investigation. If that weren't scary enough, remember that you're being judged by university administrators who will base their decisions on a constantly evolving set of federal standards.
Add that to the fact that the university has a financial incentive to demonstrate Title IX compliance by ruling against you. At best, the process is flawed, but at worst, the deck is stacked against you. Being represented by the Lento Law Firm Student Defense Team, which has decades of experience successfully defending students in Title IX cases, is one of the most effective ways to tilt the odds back in your favor.
Our only commitment is to you and fighting for your reputation. We are not trying to thread the needle between demonstrating Title IX compliance and maintaining our access to federal funding. Our Student Defense Team is dedicated to fighting for your future and making sure that your due process rights are respected at every stage of a Title IX investigation.
Don't forget that you will still be responsible for keeping up with your studies during the investigation process. Trying to do that while sorting through the university's evidence against you or tracking down witnesses in your case is exceedingly difficult. When you put our Student Defense Team on the case, we will take care of your defense and leave you free to concentrate on your studies.
Potential Consequences of Title IX Violations
Although each university has its policy for investigating and adjudicating Title IX violations, one thing all these policies have in common is that they punish Title IX violators severely. Some of the potential consequences of being found in violation of Title IX include:
- Losing eligibility to participate in extracurricular activities (e.g., sports teams, student government, band, debate team)
- Being formally reprimanded by university administration
- Being placed on probationary status
- Being suspended from the university and required to satisfy conditions set by the university before readmission
- Being expelled from the university
You will have due process rights outlined in your university's student handbook. Part of your due process rights will usually include a formal hearing where you can present evidence in your favor and challenge the university's evidence against you. The Lento Law Firm Student Defense Team has extensive experience navigating the hearing process and achieving positive outcomes for our clients. We will prepare the strongest case possible to maximize your chances of a positive outcome.
Your university may also allow you to accept the charges in exchange for reduced punishment. This is a step that you should consider very carefully before taking because it could entail you waiving your rights to a hearing or to appeal the final decision on your punishment. We will consult closely with you about the potential pluses and minuses of making any deals.
If we do take this route, we will negotiate the best possible deal for you. We may also be able to bypass your university's Title IX coordinator and negotiate directly with the Office of General Counsel. Even if we go to a hearing, there are options to appeal the verdict with the university. It's also possible to seek redress in the local court system. We will exercise every option available in defense of your reputation.
We Are Here to Fight For You
Facing a Title IX investigation is probably the last thing you thought would ever happen to you when you enrolled in college. It's a scary process, but it doesn't have to be the end of your college career. The Lento Law Firm Student Defense Team is dedicated to fighting for your due process rights in Title IX investigations, no matter what the charges. Call the Lento Law Firm Student Defense Team at 888-535-3686 or contact us online today.
