Title IX in Virginia

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Title IX issues stem from federal law, but they are interpreted regionally by the courts and applied individually by colleges and universities. That means that if you need to file or respond to a Title IX complaint in Virginia, you need to work with a Title IX lawyer who is intimately familiar with the nuanced issues of Title IX interpretation at the national level but who also understands how schools and courts in Virginia apply Title IX principles.

At Nesenoff & Miltenberg, LLP, our team understands Title IX issues in a way few firms can match, and we have extensive experience helping students, faculty, and staff protect their Title IX rights at schools throughout Virginia. Title IX cases often hinge on intricate points of law that can be easily overlooked or misunderstood by attorneys who do not regularly focus on the issues and stay up-to-date with administrative guidance and judicial rulings. 

Even though Title IX issues are sometimes handled by criminal attorneys or civil rights attorneys, the process of handling administrative, civil or criminal proceedings and the standards for assessing violations are very different. The bottom line is that when a Title IX issue arises on a Virginia college campus, you need a legal team with a track record of success to protect your rights and future opportunities.

Factors That Make Title IX Cases Unique in Virginia

Virginia is home to a wide array of prestigious colleges and universities, both public and private. The University of Virginia, William and Mary, and Virginia Tech are among the top-ranked schools in the nation, and they attract students from all over the world. However, they are just the tip of the iceberg when it comes to student options for further education in Virginia. 

From universities such as George Mason, with tens of thousands of students, to highly selective liberal arts colleges such as Washington and Lee, with less than 2,000 undergraduate students, Virginia offers a broad range  of environments and opportunities. These colleges are spread geographically across the state, with some in urban or suburban settings and others in towns that have grown up around the college.

In addition to diversity in geography, the schools vary tremendously in their philosophy, and this can have a tremendous impact on the way many Title IX issues are addressed on campus. For instance, administrators at a conservative school such as Liberty University will enact policies that are different than administrators at an urban campus such as Virginia Commonwealth University. Local courts may have different interpretations as well. But they are all ultimately guided by interpretations from the Fourth Circuit Court of Appeals in Richmond.

All of these factors need to be taken into account when addressing a Title IX case in Virginia, whether you are pursuing justice as a claimant or defending your rights as a respondent. Our experienced team at Nesenoff & Miltenberg understands how the Title IX complaint process should be handled in Virginia campuses, and we work to ensure that when a school’s rules or adjudicatory approach violates Title IX rights, those wrongs are addressed appropriately either on campus or in the courts.

Changing Standards

One reason Title IX cases are so complex is that they involve proceedings held on campus according to rules established by the college or university, so unlike court proceedings, Title IX cases involve different rules at each educational institution and according to policies that change each academic year. Schools are required to establish rules that comply with elaborate Title IX regulations as well as guidance issued by the U.S. Department of Education. These rules have changed frequently in recent years according to political priorities, and schools often struggle to develop rules that comply with the requirements in force for their particular jurisdiction at that particular moment in time.

As a law firm focused on Title IX adjudication, the team at Nesenoff & Miltenberg is able to tell when a school is out of compliance, and we know how to leverage that knowledge effectively to achieve beneficial results for our clients.

Sexual Misconduct Under Title IX

In recent years, many Title IX complaints filed on campus involve allegations of sexual assault or other forms of sexual misconduct. While some of the allegations may be similar to those associated with criminal offenses, the conduct that constitutes a Title IX violation can be very different. Moreover, the allegations are handled according to campus definitions and procedures established by school authorities. Attorneys used to handling criminal sexual assault cases in the court system are often not prepared for the rapid pace of campus proceedings.

Both complainants and respondents can find that without proper preparation and legal guidance, their opportunities for justice get rushed away by administrators. It is important to act quickly to gather and present evidence in a way that is permitted under rules established by the institution and under Title IX federal guidelines as interpreted by Virginia courts.

While the school adjudication process is not able to sentence a student to prison if found responsible for a violation, the consequences of a Title IX violation can still cause incredible damage to a student’s reputation, quality of life, and future opportunities. The school can take away scholarships, campus privileges, activities, and the ability to continue receiving an education. The negative mark on a student’s records can haunt them for years. Virginia law requires institutions of higher education to include a prominent notation on a student’s academic transcript if they have been suspended or permanently dismissed due to a finding of responsibility for sexual misconduct, or even if the student withdrew while under investigation for allegations of sexual violence. 

On the other hand, if a complainant initiates a campus proceeding without legal guidance, they can be ignored, bullied, or treated dismissively by administrators, losing the opportunity to have their grievances heard and receive justice. Mentally and emotionally, this treatment can lead to lasting harm that never fully heals.

If an incident on campus leads to accusations of sexual misconduct as a violation of Title IX, both the complainant and respondent need and deserve to have experienced guidance from a knowledgeable Title IX attorney right from the start of the process.  

For Help with Title IX Issues in Virginia, Get the Protection You Need from the Distinguished Title IX Attorneys at Nesenoff & Miltenberg

With your future at risk in a Title IX case, it only makes sense to get the guidance and assistance you need as quickly as possible. The dedicated Title IX attorneys at Nesenoff & Miltenberg are ready to fight for your rights at every step in the process of investigating and adjudicating your case on campus. If we don’t achieve the right outcome, we know how to fight effectively to get results through administrative channels or in federal court.

If you have been accused of conduct that could violate Title IX in Virginia, or you need to file a complaint and want to be certain that you are taken seriously, we invite you to contact our team for a confidential consultation. Just call us at 212-736-4500 or contact us online today.