What International Students Need to Know About Title IX and Code of Conduct Violations
| | Title IX
Study abroad offers amazing opportunities, regardless of your country of origin or the country you choose to study in. You have the chance to immerse yourself in the culture and experience things that would simply not be possible otherwise. International study experiences can even open up new career and living opportunities.
But it is important to understand the cultural differences in the country where you will be attending classes, the rules of your educational institution, and the local and national laws you will be subject to while enrolled. You also need to understand what can happen if you are accused of violating any of those rules. While it is important to comply with immigration and visa requirements, those are not the only rules that can affect you during a study abroad experience.
Students from other countries attending college in the United States can be overwhelmed by various factors and end up in legal trouble without realizing it. Differences in social expectations and practices can cause actions or statements to be misinterpreted, leading to accusations of violations. If an international student is accused of violating the school’s code of conduct or Title IX, they face serious consequences that can have far-reaching effects. It is important to seek prompt advice from experienced legal counsel who can provide guidance and advocacy to achieve the best outcome and avoid unnecessary negative consequences.
Title IX for College Students
The legal scheme commonly referred to as “Title IX” is based on Title IX of the Education Amendments of 1972 and the numerous regulations that have expanded the law’s scope and reach in the decades since its enactment. Title IX prohibits schools, including colleges and universities, from discriminating against students, faculty, or staff on the basis of sex. Because educational institutions are the target of the law, schools themselves establish rules to prevent discrimination, which can take many forms.
Title IX Complaints
Students who believe they have been discriminated against can file a Title IX complaint against another student, a faculty or staff member, or the institution as a whole. When a student files a complaint, the school is obligated to investigate and determine whether a violation occurred. The investigation and adjudication occur much more quickly than in a criminal proceeding.
Title IX complaints filed against individuals on campus often involve allegations of sexual assault, which is considered a form of discrimination. Complaints may also accuse someone of sexual harassment or intimate partner violence.
When an International Student is a Complainant
All students deserve to have their rights respected on campuses in the U.S., and the rights protected by Title IX extend to international students as well as those from within U.S. If a student has suffered because of sexual violence on campus or been harassed because of their sex, it is important to realize that a Title IX Coordinator on campus can assist with filing a complaint, obtaining counseling and other support services, and ultimately seeking justice. A Title IX attorney can help ensure that the complaint receives full consideration and that evidence is presented effectively so that the case is taken seriously. If a school fails to conduct the investigation properly or otherwise neglects the complainant’s rights, a knowledgeable attorney can pursue other avenues to obtain justice, such as filing a lawsuit.
When an International Student is a Respondent
When a student is accused of a Title IX violation on campus, they face severe penalties. Although a school does not have the authority to impose criminal penalties, on-campus consequences can have long-term effects on the ability to complete education, achieve career goals, and maintain immigration status. It is essential to understand that the circumstances that give rise to a Title IX complaint involving sexual violence could also cause the accused student to face criminal charges.
Evidence obtained for the Title IX proceeding on campus could be shared with law enforcement officials. That makes it critical to pursue a robust defense strategy in campus proceedings. These proceedings often move extremely quickly, so any delay in seeking evidence and taking steps to protect the accused student’s rights can make it harder for them to defend their rights and avoid a finding of responsibility.
The standards for determining whether an accused student should be held responsible for a Title IX violation are lower than in a criminal case. In criminal court, prosecutors must find an accused person guilty beyond a reasonable doubt. In a Title IX proceeding on campus, by contrast, a student accused of assault or sexual misconduct can be found responsible if the student making the accusation presents “clear and convincing evidence” that a violation occurred.
If a student is found responsible for sexual misconduct, the student may be suspended or expelled. The social stigma attached to a violation can make it difficult to be accepted professionally, academically, and socially.
Many times, Title IX accusations stem from miscommunication. Students frequently engage in sexual activity in situations where one student believes the activity is consensual while the other insists that it was not. Because of different cultural and communication standards, international students are at increased risk of suffering from simple misunderstandings that can, unfortunately, have drastic consequences.
Assistance from a Title IX attorney can enable an accused student to benefit from a vigorous defense that can minimize negative consequences and preserve future opportunities. Students accused of a violation have due process rights, but it is easy to unintentionally forfeit them if you aren’t aware of the proper way to protect them.
Code of Conduct Violations
Every educational institution has a code of conduct that establishes rules for student behavior on campus. Some of the issues covered by the rules can potentially overlap with Title IX, including sexual violence and sexual harassment. Cultural differences frequently lead to accusations of rule violations. The consequences can be similar to those in Title IX proceedings. A student found responsible for violating the school code of conduct can be expelled or suspended, or face other sanctions that interfere with future opportunities.
Relationship Issues
When one student is interested in another student or concerned for their welfare, they may take it upon themselves to watch them regularly. The motives for this conduct can be quite innocent. After all, if you want to learn about someone and you’re not ready to introduce yourself, watching their routine gives you information about them that you can use to establish a relationship.
However, the feeling of being watched can make some students very uncomfortable, and they can view this conduct as stalking. Actions that constitute stalking can also violate criminal laws.
Conflicts and misunderstandings in relationships can also lead to accusations of relationship violence, housing policy violations, and social media policy violations.
Academic Issues
Rules and expectations regarding academic integrity in American schools can differ significantly from what international students are used to. The prevalence of AI and online resources has made many of these issues extremely complicated. Students who believe they are operating within appropriate limits may find themselves accused of violating plagiarism policies or other forms of academic misconduct.
Allegations that affect a student’s integrity can damage their reputation and hinder future educational and career opportunities, so it is important to defend against the accusations quickly and effectively. An experienced student defense attorney who understands the restrictions of campus disciplinary proceedings can provide valuable assistance.
Other Conduct Violations
Tempers and worries have been flaring on campuses recently, often causing trouble for international students who can get caught up in campus protests without realizing the consequences. Schools often make accusations of bias-motivated conduct that can carry severe penalties. These offenses can be defined in vague language, making it challenging for students to defend themselves without an experienced legal advocate. International student groups can also be accused of violations that could affect their ability to continue operating.
Other common violations that tend to be common for international students because of cultural differences are accusations of wrongdoing based on violations of policies regarding the use or possession of alcohol and controlled substances.
The Process of Investigating and Adjudicating Code of Conduct Cases
Just as schools set their own policies, they also establish policies for investigating allegations of wrongdoing and determining whether a student should be held responsible for a violation. The processes may include some due process rights for the accused student, but just as in Title IX cases, students need to take proactive steps to protect their due process rights, so it can be helpful to work with an attorney as soon as accusations are made.
The investigation and adjudication process can move very quickly, so it is important to begin gathering evidence and understand how to present it effectively in line with the school’s policies for disciplinary proceedings. Most schools provide a method for appealing an unfavorable finding, and the experience and knowledge of a student attorney can help ensure that the student takes full advantage of the appeals process.
The Right Advice and Representation Can Make a World of Difference for International Students Facing Disciplinary Challenges
Visa requirements often hinge on a student’s status at an educational institution. Accusations of a Title IX violation or code of conduct violation can put this status at risk. International students often face additional difficulties because of this, and they are at increased risk of being unfairly accused of a violation due to miscommunication and cultural misunderstandings.
If you have been accused of a violation on campus or you are concerned that someone could raise allegations against you, the time to seek legal advice from a knowledgeable student defense attorney is right now. The sooner you begin working with an experienced legal advocate, the more opportunities your legal team will have to find the most beneficial ways to protect your rights and future opportunities. If you have questions or would like to learn more about how the student defense team at Nesenoff & Miltenberg may assist in your situation, we invite you to schedule a confidential consultation by calling 212-736-4500 or contacting us online.