Your College Student Needs to Understand the Changes to Title IX as They Head Back to Campus
| | Student Rights, Title IX
As everyone gets ready to settle in for the fall semester, you may be thinking about whether your college student has the right cell phone plan and what they need to make their dorm room a comfortable haven that will entice them to spend hours in serious study. However, there are some essential preparations that don’t involve a shopping list, even though they can contribute to your students’ comfort on campus in a big way.
You need to have a conversation about Title IX and what the new rules could mean for your student and their friends this fall. It’s not always an easy topic to bring up, but it is important to arm your college student with the right information to protect them.
The Significance of Title IX for College Students
Title IX of the Education Amendments of 1972 is a law that has been expanded in scope over the past 50+ years through regulations and guidelines issued by the U.S. Department of Education, the agency responsible for enforcing the provision. The law prohibits schools from discriminating on the basis of sex. Initially, enforcement of Title IX focused on requiring schools to provide equal opportunities for girls and women with regard to educational programs and activities. Much of the public attention centered on attempts to achieve equality in athletic programs, including scholarship funding. While this remains a key issue today for many students, it is the expansion of Title IX that tends to lead students in situations where they come into direct contact with Title IX rules.
The definition of “discrimination” under Title IX now includes harassment and sexual misconduct, such as sexual assault. Title IX rules require colleges and universities to provide specific procedures for students, faculty, and staff to file complaints when they believe their Title IX rights have been violated.
While Title IX technically sets requirements for schools to follow, the schools, in turn, establish requirements for everyone on campus to follow. If a student violates the rules, they can face serious consequences that can negatively impact them for the rest of their lives. Meanwhile, if a student suffers from harassment or sexual misconduct and is not able to achieve justice for the harm suffered, that can also lead to dangerous negative consequences that can haunt them far into the future.
To protect themselves and their futures, students need to understand their rights under Title IX and how to enforce them. They also need to be aware of when an action violates Title IX rights.
Understanding Title IX Violations Under the New Rules
The rules regarding Title IX protections have been changing frequently in recent years, so it can be challenging to understand the specifics of what constitutes a violation without consulting an attorney who focuses on keeping up with the regulatory changes and court interpretations. As a general rule, when a student has been subjected to non-consensual sexual activity, harassed to the point where it interferes with educational opportunities or discriminated against because of their sex, then there’s a good chance that the actions violated their Title IX rights and they can file a complaint to seek justice and relief.
Discrimination “on the basis of sex” has been expanded under Department of Education guidance and under the new rules to include discrimination on the basis of sexual orientation and gender identity. Harassing comments about a student’s sexual identity can constitute a violation, even if they only occur on one occasion if they are sufficiently offensive. These rules have been essentially put on hold in some jurisdictions due to judicial rulings, so determining whether harassment or discrimination involves protected status can be tricky to determine until the rules are fully settled. However, students need to be aware that they can be accused of violations for what they say and do and that if they are being harassed, they have the right to file a complaint and obtain assistance on campus. Even if the harassment doesn’t fall under Title IX protection, it may be prohibited by the school’s code of conduct.
Some other examples of Title IX violations commonly alleged on campus include:
- Sexual coercion
- Stalking
- Sexual assault/rape
- Intimate partner violence
- Gender bias
- Discrimination on the basis of pregnancy or parental status
- Housing discrimination
- Harassment on the basis of sex, gender identity, or sexual orientation
Sexual misconduct may be the most prevalent Title IX violation on college campuses, particularly among students who drink alcohol. Students often drink to the point where they are incapable of legally consenting to sexual activity, so anything that occurs at that point is a violation. Students can also withdraw consent at any time, so just because they agree to start something doesn’t mean they give consent for it to continue.
Campus Title IX Proceedings Often Take Students by Surprise
If a student feels their Title IX rights have been violated by sexual misconduct or other actions, they have the right to file a complaint on campus, and the school is obligated to investigate. If a school fails to follow obligations to investigate properly, either the student who has filed the complaint or the student who is accused of a violation should seek advice from a Title IX attorney about enforcing their rights in court if necessary.
In addition to conducting investigations—which proceed much more quickly than investigations in a criminal case—the school then must hold appropriate proceedings to adjudicate the matter and determine whether the accused student should be held responsible for a Title IX violation. Both the complainant and the respondent in a Title IX proceeding need to understand the due process protections they should be afforded so that they do not unintentionally forfeit their rights.
Although the school does not have the power to impose jail time or other criminal penalties, a student can be expelled or disciplined in other ways that can damage their opportunities for further education and employment. Worse, the stigma of having a Title IX violation on the record can damage a reputation permanently. Even when a student files a lawsuit to have the decision changed, at that point, it can be impossible to restore lost opportunities.
The bottom line is that whether your college student needs to pursue a complaint because their rights have been violated or your student has been accused of a Title IX violation, it is important to give the matter extremely seriously consideration right away, and to seek advice from an experienced attorney who can guide your student through the disciplinary process on campus and beyond if necessary.
Get the Right Help in Title IX Situations
The dedicated Title IX attorneys at Nesenoff & Miltenberg help students all over the country to protect their rights in Title IX proceedings on campus and in court. If you have questions about a potential complaint or a complaint has already been filed, we invite you to contact our team for a confidential consultation as soon as possible.