The Hampton Roads area is famous for many reasons, including great universities such as William and Mary, Hampton, Old Dominion, and Virginia Tech. Every year, tens of thousands of students from all walks of life attend these prestigious colleges to propel themselves on an upward trajectory in adulthood. If you're one of these fortunate students, you may be surprised to discover how quickly a Title IX investigation can derail your academic career.
Are you a Hampton Roads area university student being investigated for Title IX violations? Title IX violations are not criminal cases per se, but the consequences of an adverse ruling include suspension, expulsion, or a negative mark on your academic record that never goes away. Yes, the stakes are that high. That's why you must act immediately to defend your reputation. Call the Lento Law Firm Student Defense Team at 888-535-3686 or contact us online today.
Title IX And How It Came to Pass
Title IX is the most common description given to several amendments passed by the United States Congress in 1972. These laws were originally intended to curb discrimination, harassment, and mistreatment based on sex (or gender) on America's college campuses. Before their passing, many of America's colleges and universities had discriminatory policies in multiple aspects of the secondary education experience.
Universities were allowed to deny admissions to female students (based solely on their gender) or underfund women's sports (or not even have women's sports programs at all). In addition to these problematic practices, universities that did have female students were not under any legal obligation to create an environment free of sexual harassment (both physical and verbal). All these practices and administrative blind spots made earning college degrees much more difficult for female students.
How Title IX Affects You
Although much of Title IX applies to university administrative and admissions practices, several elements of Title IX apply to students at Hampton Roads area universities. Sexual assault and sexual harassment are both specifically banned under Title IX, and students are expected to abide by that requirement just the same as university administrators.
Title IX Enforcement and Penalties
Title IX legislation also created an investigation and enforcement regime. Any student who believes the university, or a classmate, has violated their Title IX rights can file a complaint with the United States Justice Department's Office of Civil Rights (OCR). If the OCR finds the complaint has merit or the University didn't take sufficient steps to prevent the Title IX violation, it can apply a wide range of severe sanctions.
Suspending the offending university's eligibility to receive federal funding is the harshest sanction the OCR can hand down. That would bar students who attend that university from using federally funded financial aid (e.g., Sallie Mae loans or Pell Grants) as part of their tuition funds. It would also leave the university ineligible to receive federal research grants and US government financial support of any kind.
Losing eligibility for federal financial assistance due to Title IX violations is a severe consequence, but it is also very public. The resulting harm to the university's reputation and academic standing would be as devastating as it would be long-lasting. It's not a stretch of the imagination to say that being found in violation of Title IX is a fear that keeps your university's administrators awake at night.
OCR Leadership and Title IX Standards
People often refer to the Attorney General of the United States as the nation's number one law enforcement official, mainly because they supervise the entire US Justice Department. However, the Attorney General does more than just supervise the Justice Department (which also includes the OCR). They also set the Justice Department's priorities on several issues, including civil rights and Title IX enforcement.
The Attorney General is trusted to name the heads of all the Justice Department's key agencies, including the OCR. This is where it can get complicated. The President of the United States appoints the Attorney General. Even if the incoming President is from the same political party as the outgoing President, the new President almost always selects a new Attorney General.
It's also not uncommon for a re-elected president to name a new Attorney General for their second term. Some Presidential administrations believe in robust civil rights enforcement and name Attorney Generals who will accomplish that goal. In turn, the new Attorney General appoints more active leadership at the OCR and gives them a clear charge to aggressively enforce Title IX.
That filters down to all the different OCR branches nationwide, including the Hampton Roads area. An incident that may not have been ruled as a Title IX violation by previous OCR leadership may be treated as an egregious violation by new OCR leadership. Although it's natural for there to be some policy shifts in every Justice Department, the constant changing of Title IX standards leaves universities in a difficult position.
How Universities in the Hampton Roads Area Handle Title IX
Every college or university in the Hampton Roads area that wants federal funding must comply fully with Title IX, regardless of who is leading the OCR or setting Title IX standards. Most have opted to demonstrate compliance by setting up their own internal Title IX offices or hiring Title IX coordinators. This allows students who think their Title IX rights have been infringed on to report violations to the university instead of the OCR.
Your university's Title IX coordinator or Title IX office can impact the University's Title IX policy in the following ways:
- Interpreting the Federal statute and setting the university's standards accordingly
- Establishing educational standards for students
- Receiving and investigating Title IX complaints
- Determining or recommending disciplinary action for students who commit Title IX violations
It's important to remember that despite your university's public stance on its commitment to Title IX, demonstrating compliance is the university's primary goal in establishing Title IX compliance offices or naming a Title IX coordinator. There is no universal standard among Hampton Roads area universities on Title IX violations because Federal interpretation of Title IX is ever-changing.
As a student, this leaves you in the position where a misunderstanding with a classmate at Old Dominion University might not result in a Title IX violation, but the same incident could get you expelled from William and Mary. Each university is largely left to its own devices in terms of investigating and adjudicating Title IX complaints. The inevitable result is a great deal of ambiguity vis a vis Title IX enforcement.
Sexual Assault Can be a Title IX Violation
Many of the sexual harassment offenses that can be potential Title IX violations are subjective by their very nature. A comment you make in jest could be misinterpreted by a classmate who then refers you to your university's compliance department. The same thing can apply to an incident that occurred on a date or an encounter you had with another student.
Title IX covers sexual assault as well as sexual harassment. That means one of your classmates can file a Title IX complaint against you for sexual assault while also filing criminal charges with the local police. Or they could just report the assault to the university compliance office. In either case, you will need to defend yourself. However, the standards for guilt or innocence in a Title IX investigation differ from those in a criminal trial.
Title IX Investigations are Not Always Fair and Impartial
A university Title IX investigation must adhere to the university's policies, not criminal justice procedures. Your case will probably be decided by a university disciplinary panel, which will rely heavily upon the advice or recommendation of the Title IX coordinator. That could put you at a disadvantage because the university's main concern is compliance with federal standards, not fairness to you.
This is why it's so important to have a skilled, dedicated, and experienced advocate from our Student Defense Team on your side. We've defended students in Title IX investigations in Hampton Roads area universities and nationwide. Our priority is making sure that your best interests and due process rights are not lost in the morass of unclear federal standards or political considerations like maintaining federal funding.
There is Even Doubt About the Reach of Title IX Compliance Offices
The constantly changing standards at the federal level already muddy the waters of Title IX enforcement. However, there is also doubt about where a university's authority to investigate Title IX violations begins and ends. For example, sexual assault is a criminal offense that's traditionally investigated by law enforcement authorities. During a law enforcement investigation, police must advise you of your Miranda rights before questioning you.
That's not necessarily the case in a university Title IX investigation that grows out of a sexual assault complaint. Yet, your responses to questions from Title IX compliance investigators could be used as evidence against you in a subsequent criminal investigation for the same offense. This is another reason why you should not hesitate to contact the Lento Law Firm Student Defense Team immediately after discovering you're under investigation for a Title IX violation.
What Happens to Students Found in Violation of Title IX
The consequences of being found in violation of Title IX by your university can be devastating. Universities have a wide range of potential punishments they can apply, but all of them will become a permanent fixture on your academic record. Being placed on probation or another type of public reprimand from the school is on the lower end of the potential discipline, but suspension or expulsion is on the higher end.
Getting accepted to prestigious graduate schools or securing employment in highly competitive fields is difficult for college graduates with perfect records. Trying to do either of these things with a mark on your record for violating Title IX can be exponentially more complicated. Sexual harassment is prohibited in workplaces, too, and employers may not want to risk hiring an employee who already has a history of Title IX violations.
Graduate schools have their own Title IX compliance offices, and they may advise the university to turn down applications from people with Title IX violations. Remember, the university wants to demonstrate Title IX compliance for the OCR. That could lead to your application being turned down almost reflexively by every graduate school you apply to.
Defending Yourself in Title IX Investigations
The consequences of a Title IX investigation are severe, and the standards for what constitutes a violation are unclear. That does not, however, mean that you can't defend yourself, or every investigation will go against you. Title IX was designed to protect people's rights, but you have rights too. You have the right to legal representation who will defend your good name in any Title IX investigation.
Contacting the Lento Law Firm Student Defense Team is one of the most effective steps you can take after learning you are being investigated for a Title IX violation. We have the resources and the ability to look at the case against you from every angle. Our attorneys can subpoena records and other university documents that may cast you in a better light than the Title IX coordinator's conclusions.
In many cases, just knowing that you have representation may motivate your university to bring in their office of general counsel (OGC) to mediate a solution that will allow you to continue pursuing your studies. If we can't find a solution, we'll prepare the most effective defense possible against the charges, and if that doesn't work, we can help you seek recourse in public courts.
The sooner you contact us, the more options we will have to defend you. Don't make the mistake of assuming that the truth will set you free because you know in your heart that you “didn't do anything wrong.” Having an ally with our track record of successful student defense could be the difference between you remaining in college or the premature end of your university career. Let us help you!
Title IX Investigations Don't Have to Ruin Your College Career
Regardless of which Hampton Roads area university you attend, you worked hard to get there, and you'll have to work even harder to graduate. A Title IX investigation for a misunderstanding or misconstrued comment can derail all your plans, but it doesn't have to. You deserve a legal team that will work tirelessly to defend your good name and ensure that your university administration treats you fairly.
Title IX investigations can be scary, but they don't have to destroy your academic career. If you find out you're being investigated, take it seriously and don't hesitate. Call the Lento Law Firm Student Defense Team at 888-535-3686 or contact us online today! We are here for you, and your well-being is our top priority.
