No one would say sexual discrimination, sexual harassment, let alone sexual violence, is ever acceptable. We all want women to feel safe on college campuses and for any victims of violence to get the justice they deserve. So, you probably support the intent behind Title IX, the federal law that prohibits all forms of sexual discrimination in US education programs. Where's the line, though, between supporting sexual equality and violating other important American principles and values? And more importantly, have we crossed that line?

A Genuine Problem

We live in tense political times, where it seems like innocuous conversations can turn into raging battles at any moment. You may have felt the tension, in fact, during those late-night philosophy discussions over beer and pizza with your friends. Maybe you've wondered aloud—have we taken our defense of women too far? Have we sacrificed our commitment to justice in the name of satisfying our desire for vengeance?—only to be shouted down for being anti-women. “One in five college women will be the victim of sexual assault,” someone points out. “Have you even seen The Hunting Ground?”

The statistics are appalling, and documentaries about the situation, like The Hunting Ground,are nothing less than horrifying. The question, though, is what to do to address the problem. How do we eliminate violence against women?

A Problematic Solution

A number of victims' rights organizations have suggested the answer is to “believe all women.” That's a great slogan. Women have been mistreated in American society for far too long, and arguing that we should believe them when they say they've been attacked is bound to resonate with the public.

Here's the problem with that solution: it puts other groups and their rights at risk, most particularly anyone who is accused of misconduct. One of the foundational principles of the American justice system is that defendants should be treated as “innocent” until “proven guilty.” There's a reason we have revered this idea for so long. We don't want innocent defendants to wind up paying for crimes they didn't commit. In fact, we would rather let some guilty people go than risk sentencing innocent people to prison. “Believe all women” does away with this principle, arguing that it's worth convicting the innocent to ensure victims get justice.

Problems With Title IX

Title IX exacerbates the danger to fair and just verdicts. The law does more than just prohibit sexual discrimination. It also mandates how colleges and universities must handle allegations of sexual misconduct. Among other things, the law requires schools investigate all but the most spurious accusations. Those schools that don't, risk losing their federal funding. In addition, schools don't have to find respondents guilty “beyond a reasonable doubt.” Instead, they can convict a student if they are just over fifty percent sure the student committed an offense. Such requirements put the very notion of justice in jeopardy.

The Bottom Line

The fact is, addressing campus violence doesn't require we abandon our judicial principles. Educating students about the impact of sexual assault and building bridges between gender communities—can do more to lower the numbers than any disciplinary policy, and they don't require us to abandon our commitment to fair and just verdicts.

So, the next time you find yourself at odds with your friends about the good and bad of Title IX, remind them that protecting women doesn't have to mean giving up on our principles.

To find out more, or to get help with your Title IX case, contact attorney Joseph D. Lento and the Lento Law Firm today at 888-555-3686, or use our automated online form.