Title IX: Ensuring Equality and Fairness in Delaware’s Institutions

Delaware takes pride in offering premium postsecondary education opportunities to students from all over the world. The states various academic institutions uphold federal civil rights law provisions to ensure that every student receives a fair chance to learn and grow regardless of their gender, race, or sexual orientation.

All postsecondary schools in Delaware must comply with Title IX regulations, which specifically prohibit sexually-oriented discrimination. Here’s an overview of Title IX and how it impacts LGBTQ+ students who may face sexual harassment or violence allegations.

What Does Title IX Prohibit?

Title IX prohibits various types of sexually-based conduct involving:

• sexual harassment that includes unwelcomed advances, appeals for sexual favors or other sexually-oriented conduct
• sexual violence involving physical acts of a sexual nature committed against an unwilling victim, such as rape or sexual abuse
• gender-based harassment that involves hostility founded on the victim’s sex, such as slurs, targeting or gender-specific threats

Compliance Overview

Delaware schools must establish and enforce written policies and procedures relating to Title IX regulations when they receive complaints regarding the aforementioned sexually based conduct. Once a complaint is received by the designated administration representative, an investigation will begin within a reasonable timeframe while placing emphasis on fairness and impartiality.

Federal regulations set by the Office of Civil Rights (OCR) do not dictate the specific format for filing grievances. Thus schools must establish their own procedure but ensure it adheres to an acceptable standard. Once complaint procedures have been established, they should be conveyed to all students and faculty members.

The accused has ample time to challenge allegations using several options available under this act. Parties involved can also choose an advisor who can play only a supportive role. It is worth noting that the LGBTQ+ group in educational settings may feel marginalized when faced with charges of sexual misconduct.

Individuals from this background should seek help from experienced legal professionals to serve as advisors during the hearing process. An attorney specialized in these procedures can help you prepare for the hearings, fight for your rights and ensure all procedures are followed.

Rulings, Sanctions or Penalties

The Title IX Coordinator or another designated administrator often decides the ruling in Delaware schools. However, roughly 14% of institutions use a hearing panel made up of administrators, faculty, and students to determine violations.

To determine whether a violation occurred or not, two evidentiary standards may be used – preponderance of evidence and clear and convincing standard. The severity of harassment or any prior record offending behavior determines disciplinary action imposed based on OCR guidelines.

Attorney Represents Students in Delaware as an Advisor to Title IX Actions
Title IX disciplinary proceedings can have significant implications and sanctions – call on Todd Spodek, an experienced attorney who can guide you through these processes. Well-versed in Title IX cases throughout the nation, he provides support in investigations, hearings, and appeals at several college campuses across Delaware like:

• Delaware College of Art and Design
• Delaware State University
• Goldey–Beacom College
• University of Delaware
• Wesley College
• Widener University–Delaware Campus
• Wilmington University

Approximately one out of ten college students identify as gay, transgendered or queer, according to research statistics which indicates that students charged under allegations have more than one person who experiences it within their identity community.

Title IX allegations and charges can disrupt life and future of an accused, hence a trained and experienced advocate is crucial. Todd Spodek passionately fights for the well-being of his clients – an ardent attorney licensed in Pennsylvania, New York, and New Jersey to advise students undergoing disciplinary hearing processes across the nation.

Don’t Wait! Hire him today to protect your interests./ Call (888) 535-3686.