The new Title IX regulations provide students the option of hiring a lawyer, but they are not required to do so. Although a student may select an advisor without any experience with Title IX, such a student advisor runs the risk of making a crucial error. Attorneys are always the best defense, and student advisors are not attorneys. Additionally, students have the right to legal representation if they are charged with Title IX infractions.
The institution may choose to appoint a layperson or an attorney as the advisor. A lay adviser could make serious errors if they are not conversant with the Title IX regulations and processes. It is crucial that anyone representing students or educators in Title IX cases does so with a qualified attorney. The lawyer will protect the accused's rights and maintain confidentiality. The student won't be able to afford legal counsel if the college doesn't hire one.
The attorney should review the student conduct code and Title IX policies of the institution. While each institution has its own set of rules, many of them are the same. Check the definition of "consent" and see if the code applies beyond the campus. He or she should also assess how a Title IX investigation and hearing are conducted. What to do next will be suggested by a competent attorney.
The United States Supreme Court declared in 2012 that the Eleventh Amendment does not preclude the right to file a lawsuit for Title IX violations in an effort to safeguard students against discrimination. In Cannon, the Supreme Court ruled that Title IX litigation are not barred by the Eleventh Amendment. Furthermore, it was evident that Title VII would be used by Congress as a broad remedy to address discrimination against students.
As a Title IX lawyer, Joe D. Lento has my highest recommendation. He is motivated and experienced to succeed in your case. Anyone who is dealing with a Title IX issue should contact him, in my opinion. He will fight for your rights and for your son's right to justice. You won't regret making him your choice. Although this is a challenging situation, you may feel confident that you are in good hands with Mr. Lento by your side.
Joseph D. Lento
The Department of Education has the authority to cut off federal funds to institutions that violate Title IX. However, it is unlikely to penalize the institution for failing to name a Title IX coordinator. A student who is innocent in a Title IX investigation may face disciplinary consequences, including termination from the university. In addition, the university may be forced to pay restitution to the offender. If the university fails to name a Title IX coordinator, there are still legal consequences, including possible criminal charges.
Specifically, Title IX provides that "No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any educational program or activity receiving Federal financial assistance."
Title IX requires schools to adopt and publish grievance procedures for students to file complaints of sex discrimination, including complaints of sexual harassment or sexual violence. Schools can use general disciplinary procedures to address complaints of sex discrimination.
Unwanted sexual behavior, advances, or requests for favors. Unwelcomed verbal, visual, or physical sexual conduct. Offensive, severe, and/or frequent remarks about a person's sex. Harassment of a sexual nature which interferes with an individual's right to an education and participation in a program or activity.
Title IX is the most commonly used name for the federal civil rights law in the United States of America that was passed as part (Title IX) of the Education Amendments of 1972. It prohibits sex-based discrimination in any school or any other education program that receives funding from the federal government.
Title IX responsibilities can result in false allegations that nevertheless result in serious consequences before a person is proven guilty, including school suspension and potential expulsion from degree programs. School administrators sometimes have failed to protect the rights of the accused.
Title IX also bars discrimination based on disability. In fact, the scope of this law applies to everything from discrimination to sexual harassment, sexual assault, bullying, cyberbullying, retaliation, stalking and violence.