If you haven't been living under a rock for the past few years, you've heard that allegations of sexual assault, sexual harassment, and other forms of sexual misconduct are occurring at epidemic-like rates on college campuses across the country. The current administration has made efforts to decrease these rates through the implementation of several laws that govern college practices. Ultimately, when it comes to remedying solutions, two federal laws are often referenced: The Violence Against Women Act (VAWA) and Title IX.
What is the Violence Against Women Act?
The Violence Against Women Act is legislature that was enacted in 2013 to amend the types of incidents higher education institutions are required to document and report. Since its enactment, the majority of colleges and universities in the nation are now required to include instances of domestic violence, dating violence, and stalking to its list of required reportable crimes. College campuses have adopted uniform policies that address the definitions of sexual misconduct, outline policies on reporting, and manage prevention methods through education in response to the VAWA.
What is Title IX?
Title IX of the Education Amendment is a federal law that prohibits any form of sexual misconduct on college campuses by obligating schools to adjudicate complaints alleging this behavior. Students involved in these complaints undergo what's known as the Title IX process for resolution.
These laws are inherently similar in many ways, but there are some differences.
Both Title IX and VAWA emphasize deterring sex-based discrimination on college campuses. The only difference is that they target different forms of sexual misconduct. Title IX is intended to primarily resolve complaints involving sexual harassment, sexual assault, and rape, while VAWA focuses on adjudicating complaints centering dating violence, domestic violence, and stalking.
Policies and Procedures
Both laws require the adoption of procedures that address gender discrimination. In both cases, there will be an investigation or fact-finding period, an ultimate determination based on the facts, and sanctions, if applicable. Title IX offers a number of protections that the VAWA may not, and vice versa. The procedures may also be vastly different in terms of the total time of adjudication and regulations.
Title IX Advisor Helping Students Nationwide
If you've been accused of violating Title IX at your college or university, you need to get in contact with a skilled student defense attorney. Joseph D. Lento has extensive experience helping students in your situation overcome their allegations by helping them build a solid defense. He has the skill, experience, and expertise to help you do the same. If you have questions about your case or want to know more about him or his firm, contact him online or give him a call at 888-535-3686 today.