Protecting Students from Sexual Misconduct: Understanding Title IX
In 1972, the U.S. Department of Education passed Title IX, an amendment that requires all academic institutions to prevent and enforce rules against sexually-based discrimination. The provisions seek to prevent inequality or denying anyone access in areas such as admissions, athletics, benefits, campus organizations, and more. Spodek Law Group understands the seriousness of Title IX violations, which is why our attorneys are always ready to assist students and faculty members facing such allegations.
What is Title IX?
Title IX ensures that academic institutions maintain compliance with current provisions and investigates concerns raised. The Office of Civil Rights (OCR) is responsible for oversight to ensure compliance. Schools are encouraged to create a campus environment that is free from hostility such as various forms of sexually-based harassment. When a school is notified of a potential violation, they are tasked with reacting to investigate promptly. The administration may use various sanctions and other remedies to enforce and deter actions that violate the rules relating to gender-based violence and sexual misconduct.
Allegations of Title IX Violations
A Title IX complaint may be made against a student, faculty, staff member, or other respondent associated with an educational community. Respondents are entitled to receive the details of any allegations and have a right to choose an advisor that can provide assistance and support. Schools each designate a Title IX Coordinator that is responsible for maintaining the institutional guidelines. This administrator must ensure that the investigative process is conducted fairly and equitably for all parties. Attorney Todd Spodek has years of experience handling Title IX cases and can ensure that your rights are protected throughout the process.
At many schools, once the investigation is completed, the parties are summoned to a hearing, where your advisor is permitted to accompany you. Respondents are encouraged to select an attorney-adviser to serve in this critical role. The allegations are evaluated using either a “preponderance of the evidence” or “clear and convincing” standard. Both of these standards are a lesser burden of proof than “beyond a reasonable doubt” that applies to criminal matters.
Understanding Voyeurism
Voyeurism is the act of deriving pleasure by observing others while they are doing something private or scandalous. The act is a non-consensual intrusion that often involves a perpetrator who is observing the victim(s) from a secret vantage point. In the written Title IX provisions at many colleges and universities, voyeurism is contained within the sexual exploitation category of violations. These are acts where the perpetrator does not make direct physical contact with the victim(s) that may constitute a form of abuse committed for one’s advantage or benefit.
One such example of this behavior is committed when a perpetrator covertly views and takes photographs or creates a video of people engaging in sexual activity without their consent. The act may be committed by the observer who collaborates and conspires with someone that expects to be engaging in sexual activity who does not obtain their partner’s consent. Voyeurism often overlaps with stalking, which is another activity that is now included among the violations of Title IX.
Recent Campus Investigation Involving Voyeurism
A 20-year old male student at Connecticut College faced criminal charges including voyeurism after an investigation revealed that he was observing women in a private bathroom changing area on campus. He had observed at least three women at times and was using a cellphone camera to capture photos. A representative from the school’s Title IX Office also conducted an investigation, affirming their commitment to student privacy and safety. Administrators took measures such as installing privacy barriers and other coordinated efforts with the Campus Safety Department.
Advisory Lawyer for Students Accused of Title IX Misconduct
If you have been accused of some form of sexual misconduct at a college or university, Attorney Todd Spodek and his team at Spodek Law Group can help. The outcome of Title IX disciplinary actions may dramatically alter your educational goals. Those facing such allegations are therefore encouraged to consult with an attorney promptly after becoming aware of them. This will ensure sufficient time is available for preparation, such as for effectively responding to questions, making persuasive statements, and uncovering possible evidence.
The U.S. Department of Education has recently made a host of proposed changes to the Title IX guidelines, which are constantly evolving. Some of these pending changes include redefining sexual harassment and changes in the evidence standards that may be employed. During these volatile times, you must have proper guidance from a knowledgeable advisor that is abreast of the current provisions.
Attorney Todd Spodek has helped countless clients in campus Title IX proceedings at colleges and universities across the United States. He has the experience needed to ensure that your rights are protected throughout the process and pursue a positive resolution. By working with Attorney Spodek, you can have the confidence that you will be represented by a team of legal professionals with extensive experience in Title IX defense.
Contact Spodek Law Group Today
If you have been accused of a Title IX violation, it is crucial that you contact a qualified attorney immediately. With Spodek Law Group, you can have the confidence that you will be represented by a team of legal professionals with extensive experience in Title IX defense. Contact the office today at (888) 535-3686 for a consultation. We are here to help you through this difficult time and will work tirelessly to ensure that your rights are protected.