Honolulu, Hawaii, is one of the most picturesque places in the world, and just like its beaches, universities in the Honolulu metropolitan area draw people from all over the world. Although going to college or university here can seem like paradise, a Title IX complaint against you can turn that dream into a nightmare. The potential consequences are serious and could follow you throughout your academic and professional career.
Are you a Honolulu metropolitan area college or university student being investigated for a Title IX violation? If so, you should understand that an adverse outcome could devastate your academic career and personal reputation for decades. The stakes are too high to go it alone. Give yourself the benefit of quality legal representation. Call the Lento Law Firm Student Defense Team at 888-535-3686 or contact us online today.
Title IX and How It Works
Although the Honolulu area is known for its diversity, that wasn't always the case when it came to opportunities for higher education. For almost all of the 20th century, colleges and universities in Honolulu (and America) were permitted to have exclusionary policies that denied female students the right to participate in certain majors and extra-curricular activities or even apply for admission. These discriminatory policies were finally outlawed in 1972 with the passage of equal education amendments.
The most notable of these amendments was known as Title IX. Title IX prohibits gender bias, discrimination, and sexual harassment on college campuses. Examples of the kind of behavior prohibited by Title IX include, but are not limited to, the following:
- Gender bias or discrimination in university admissions (e.g., not accepting applications from female students, rejecting applications based on gender or sexual orientation, barring female students from participation in campus groups or extra-curricular activities)
- Having facilities of different quality for male and female students
- Unequal funding of men's and women's sports
The original version of Title IX mainly addressed discrimination by university administrators, teaching staff, and admissions officials. However, legislators have since expanded the protections granted under Title IX by prohibiting additional behaviors on university campuses or at official university events that occur off campus. These behaviors deal largely with student interactions and include:
- Intimate partner or dating-related violence
- Sexual or gender-based harassment
- Fostering an environment that is unfriendly or harmful to female students' efforts to complete their education
- Retaliation against students who file Title IX complaints
Originally, Title IX dealt mainly with conduct at the administrative level. However, Title IX's scope has expanded significantly since 1972. Today, Title IX also bans the following behaviors and practices on college campuses and many officially sanctioned-off campus events
- Sexual harassment
- Dating-related violence
- Creating an environment that is not conducive to female students receiving equal education
- Retaliating against anyone for filing Title IX complaints
2024 Title IX Expansion and LGBTQ Students
It is an unfortunate reality that bias against female students ever existed on college campuses, but they are not the only group of students at risk of being harmed by this behavior. Historically, the LGBTQ community has also suffered through bias on college campuses from both the administration and their classmates. That's why Title IX protections were expanded in 2024 to include LGBTQ students.
Specifically, the 2024 Title IX updates made it impermissible for students or staff to harass or show bias against any student based on their sexual orientation or gender identity. That was not the only notable expansion of Title IX protections. The 2024 update also placed the onus on college and university administration to take proactive steps to prevent discrimination, bias, or other Title IX violations in all aspects of university life.
Those changes were important, but they did not stop with expanding Title IX protections to LGBTQ students. They also updated the determination of guilt in a Title IX case from the previous standard of “clear and convincing evidence” to “a preponderance of the evidence.” That lowered standard puts anyone or any university accused of a Title IX violation at increased risk of being found in violation.
When you combine the lower standard of guilt and the updated obligation of universities to prevent Title IX violations on campus, you are effectively appointing university administrators and Title IX coordinators as police, judge, and jury of student interactions.
Honolulu Metropolitan Area Universities Are Affected by Title IX
Title IX applies to any public or private university that receives federal funding or assistance of any kind. A partial list of colleges and universities in the Honolulu metro area that must comply with Title IX include, but are not limited to, the following:
- University of Hawaii at Manoa
- Hawaii Pacific University
- Chaminade University of Honolulu
- Honolulu Community College
- Hawaii Pacific University
A simple search of your college or university's website will reveal if they are responsible for complying with Title IX. If they have a Title IX office or a Title XI coordinator, then you and your school are required to comply with Title IX. Because Title IX compliance is a condition of receiving any federal aid or financial assistance, your college or university is probably obligated to comply with Title IX.
How Universities Handle Title IX Compliance
The current state of Title IX requires universities to create and maintain environments free of bias or behavior that violates Title IX. Any university that falls short of this duty can be punished for Title IX violations by the Office of Civil Rights (OCR) of the United States Department of Justice. Anyone who believes a college or university in the Honolulu metropolitan is violating Title IX can file a complaint with the OCR.
If OCR investigators find a school in violation of Title IX, the OCR can suspend all of its federal funding until the school returns to full compliance. That ban on federal financial aid means students are barred from using any federally funded tuition assistance (e.g., Pell grants, SALLIE MAE loans) as contributions to university tuition. It also makes the non-compliant university ineligible to receive direct federal funding for any purpose.
The high cost of running colleges and universities means the loss of federal funding would significantly harm any school that loses access to federal funding. Consequently, schools take a proactive approach to Title IX by naming a Title IX coordinator and/or establishing their own Title IX offices. These offices help formulate university policy on Title IX, but they also exist to investigate and punish violations.
Students who feel like their Title IX rights have been violated, or anyone involved with the university who believes they've witnessed a Title IX violation, can file a complaint with that university's Title IX office or coordinator. The Title IX office will then review the complaint and launch an investigation if they believe the complaint has merit. Your Title IX office/coordinator will advise you in writing if you're the subject of an investigation.
What To Do After Receiving A Title IX Complaint Notice
The methodology of Title IX investigations of colleges and universities in the Honolulu metropolitan area can vary, but there will be some common steps they almost all take. First, they will send you written notice that you're being investigated. This notice will generally include the following information:
- The type of violation(s) you are being investigated for
- The date(s) of the alleged violation(s)
- A summary of the events that led to the alleged violation(s)
- A request for you to respond to the charges in writing
This written notice should also advise you of your rights in the investigation and how the process unfolds. In many cases, you have the right to be assisted or represented by legal counsel. We strongly advise you to contact the Lento Law Firm Student Defense Team immediately after being notified of the complaint and before you provide the university with a written response.
The Title IX investigative process may not have the same standard of guilt as a criminal trial, but some commonalities remain between it and the criminal justice process. Most notably, anything you say to university officials about your case can be used against you. That's why it's so critical to bring in the Lento Law Firm Student Defense Team as quickly as possible.
Many students make the mistake of taking this process lightly or assuming they can “explain away” an investigation without it going any further. Unfortunately, they fail to realize it's possible that they inadvertently admit to the alleged violation (or other violations). Even if your student university handbook requires you to make a written statement, our team can help you create a statement that doesn't hurt your case.
How Title IX Investigations Work
The university may also request that you appear for a formal interview. Once the investigatory process is done, they notify you about the results in writing. If they do not feel like you have committed a violation, there will be no further action. However, the process will advance further if they do believe you have committed a violation. How it moves forward will depend on several factors, which include:
- Your college or university's disciplinary policy
- Your previous disciplinary history (if any)
- The severity of the violation(s)
If it's a minor violation, the university may offer you the chance to settle the charges by admitting wrongdoing and accepting some form of punishment. In cases of major violation(s), the university may move for more harsh discipline, which may include one or more of the following:
- Barring your participation in extracurricular activities
- Suspension
- Expulsion
Typically, these more punitive measures cannot be taken without some form of due process. That is usually a hearing that functions something like a trial, where your school's Title IX coordinator lays the case out for a group of administrators who act as a jury. You will also have the opportunity to present evidence in your favor and challenge the evidence against you.
Why Quality Representation is Critical In Title IX Cases
Your interests will likely be better served by having our Student Defense Team represent you in this process for several reasons. First, the lower standard of guilt in Title IX cases makes having quality legal representation even more important. Our team has decades of experience successfully representing students and assisting them in getting cleared of alleged Title IX violations.
Second, almost any disciplinary measures your university takes against you will become part of your academic record. This includes initial offers from your college or university to settle Title IX complaints without harsh discipline like suspensions or expulsions. These agreements must be made carefully, and we may be able to negotiate the agreement so that it doesn't put permanent sanctions on your academic record.
Third, Title IX violations can complicate your life for years after you finish your studies. Prospective employers and graduate schools are very wary about hiring or accepting applicants with a history of biased behavior. That's why we advise anyone facing Title IX violations to avail themselves of quality legal assistance just like they would in a criminal case. Your reputation is on the line, and it's worth defending.
Other Alternatives to Title IX Discipline
There is another potential advantage to being represented by the Lento Law Firm Student Defense Team in a Title IX investigation. Your university administration may never admit it openly, but it would rather avoid a protracted legal fight in a Title IX investigation. We have taken on many cases where we negotiated directly with the university's Office of General Counsel and gotten a better settlement than the Title IX coordinator offered.
The Subjective Nature of Most Title IX Accusations
When Title IX was initially established, it dealt mainly with conduct by universities, and violations were pretty easy to spot. However, the expanded enforcement of Title IX covers your interactions with other students in almost all aspects of university life. You, the student, are in a position where an off-hand comment or cultural misunderstanding could be perceived as a Title IX violation.
Complicating that further, your university administration has a strong financial incentive to sacrifice you to demonstrate Title IX compliance and maintain access to federal funding. If that weren't enough, there would also be the issue of inconsistency in standards and enforcement. The OCR sets Title IX standards, but they are an adjunct to the Department of Justice.
The Department of Justice gets new leadership every four years when the incoming President names their Attorney General to lead the Department of Justice. Different Attorney Generals have different priorities, and that affects Title IX enforcement. Federal guidance on Title IX filters down to the OCR and then to your university, where a Title IX coordinator is left to interpret what the OCR wants.
All that leaves you, your future, and your reputation in the middle of a constantly changing environment vis-à-vis Title IX enforcement. This is where the Lento Law Firm Student Defense Team can help. Not only do we have experience successfully defending students in Title IX cases, but our only priority is you. Our job is to use the entirety of our resources and legal skills to protect your reputation in Title IX investigations.
The Lento Law Firm Student Defense Team Is Here for You
Title IX investigations can be scary, but they don't have to end with your academic career and reputation in tatters. Regardless of the allegations, you have the right to defend your good name, and we can help. We are passionate about student defense, and we will never stop fighting for you. Call the Lento Law Firm Student Defense Team at 888-535-3686 or contact us online right away.
