Title IX in Utah

• Case Results
• Testimonials
• List of Schools

Known for its breathtaking scenery and stunning parks, Utah is a place people associate with independence and wide-open spaces. Utah covers an area of nearly 85,000 square miles, yet has a smaller population than most other states. Although it ranks 30th in overall population, Utah has a disproportionately high number of college students in residence, with the 15th largest student population in the country. The high percentage of college students, combined with the traditional religious culture prevalent throughout the state, creates a unique atmosphere when it comes to protecting students’ rights on college campuses.

Cultural pressure to keep things quiet can make it difficult for students in Utah to find the right vehicle to assert their rights under federal laws such as Title IX. Advice and advocacy from a student rights attorney experienced in navigating the unique campus environment in Utah can be the best way for students to protect themselves, whether they have been accused of a violation or need to file a complaint.

At Nesenoff & Miltenberg, LLP, we understand Title IX cases nationwide in ways few firms can match. Our experience and dedication to the ideals of Title IX and student rights enable us to craft the most effective strategies to support students during administrative proceedings on campus and in court, if necessary. If you need to defend against allegations of misconduct or ensure that violations of your rights are appropriately addressed under the law, our team will work to ensure you receive justice.

The Unique College Culture in Utah

The Church of Jesus Christ of Latter-day Saints, referred to locally as “LDS” and by outsiders as Mormonism, influences campus life in Utah in ways unimaginable in other states. Church doctrine influences not only the personal beliefs of many students but also the overall personality of students raised in the state, including those who are not members of the church. The atmosphere among Utah students has been characterized as obedient, docile, conformist, and non-confrontational.

This could indicate that students respect each other’s rights more on campuses in the state, but it is just as likely to mean that when misconduct occurs, students who have been affected are less likely to speak out about it.

When a student’s Title IX rights are at risk, it is important to understand how the campus culture can affect proceedings and strategize to overcome the challenges and take advantage of opportunities.

Overview of Title IX in Utah

Title IX is a federal law that prohibits discrimination on the basis of sex in educational settings that benefit from federal funding. Most colleges and universities are required to abide by the regulations implementing Title IX’s directives. This means that the schools must establish rules to prohibit conduct that constitutes sex-based discrimination which includes:

• Denying a benefit on the basis of sex 
• Creating a hostile environment because of unwelcome jokes
• Requesting sexual favors
• Sexual assault
• Dating/intimate partner violence

In addition to establishing rules to prohibit conduct, schools are also required to educate students, faculty, and staff about Title IX issues and create procedures for reporting, investigating, and adjudicating violations of Title IX on campus.

While Title IX is a federal law implemented by federal regulations, courts interpret Title IX requirements somewhat differently in various parts of the U.S. When trying to protect and enforce rights under Title IX Utah, it is necessary to be familiar not only with federal rules and guidance but also to understand how requirements are interpreted by courts in the state and United States Court of Appeals for the Tenth Circuit, which sets precedent for federal courts in Utah. Due to our extensive experience with Title IX cases in Utah, the team at Nesenoff & Miltenberg is well-versed in the nuances of interpretation that can impact the rights of students, faculty, and staff.

Title IX Proceedings on Campus

When someone believes that another person on campus has violated their rights in some way and they want to file a complaint, they are supposed to report the violation to the school’s Title IX Coordinator on campus or anyone designated to take reports. At that point, the school is supposed to notify the person against whom the complaint is filed (referred to as the respondent) and begin an investigation of the issue. 

Sometimes, schools try to sweep matters under the rug, and they don’t take the complaint seriously. At other times, schools can go overboard and become overly zealous in enforcing rules, thereby violating the due process rights of the accused individual. Whether a student’s complaint is ignored or a respondent is treated as “guilty” before they’ve had a chance to defend themselves, in either situation, the school has failed to respect that student’s Title IX rights, and it may be necessary to take action in court to address the issue properly.

However, if a student works with an experienced Title IX attorney during the process of filing a complaint or when responding to one, the student’s legal team can work to ensure the student’s rights are respected during proceedings, thereby reducing the likelihood of needing to appeal matters in a lawsuit. Some public universities in Utah allow the student’s advisor to actively participate in Title IX hearings. Your advisor may be permitted to give opening and closing statements to the hearing panel, in addition to conducting cross examination of the opposing party and witnesses. An experienced Title IX attorney can provide knowledgeable advocacy to represent you during a hearing.

Campus investigations and adjudications often move very quickly—much more quickly than civil or criminal cases in court. The burden of proof to find a student responsible for a violation is also much lower than in a criminal case. The bottom line is that a student accused of violating Title IX or a student who files a Title IX complaint can find that the school has investigated and concluded matters before they’ve had time to fully understand the process and take the right steps to enforce their rights. When you work with an attorney at  Nesenoff & Miltenberg early on, we put our experience to work to ensure that doesn’t happen.

The Outcome of a Title IX Proceeding Can Have Lifelong Consequences

While a school cannot find a student guilty of a crime or impose jail time, it can take disciplinary actions that destroy future prospects, reputation, and self-esteem in a way that can be impossible to remedy. A negative mark on a student’s record can hinder their ability to further their education or advance in their career. Due to the negative stigma associated with Title IX proceedings, a student found responsible for a violation may face prejudice in social circles that persists long after the proceedings are over.

Nesenoff & Miltenberg Works to Protect Students in Utah

Title IX issues are complex for numerous reasons. Political priorities have led to numerous shifts in federal policies, forcing schools to continually revise their rules. Court interpretations frequently alter the obligations of institutions in Utah.

At Nesenoff & Miltenberg, we closely monitor changes to ensure we are always prepared to enable our clients to capitalize on the best opportunities and achieve a successful outcome. Our experience with and dedication to Title IX ideals is unmatched. For a confidential consultation to learn how we may be able to assist in a case arising at a Utah school, call us at 212-736-4500 or contact us online now.