Protecting the Rights of LGBTQ+ Students Accused of Sexual Misconduct under Title IX
Title IX, a federal law that prohibits gender discrimination in education, encompasses various behaviors that create a hostile educational environment based on sex. This prohibition covers discriminatory admission processes, athletic opportunities, sexual harassment, gender-based harassment, and sexual violence. While Title IX is comprehensive enough to protect vulnerable student groups from hate and prejudice, LGBTQ+ students are still prone to discrimination and sexual misconduct. A survey reports that queer students experience higher rates of sexual violence than their non-queer peers.
Unfortunately, LGBTQ+ students face unique challenges when falsely accused of sexual misconduct. They have few people to turn to because society already marginalizes them. Being wrongly accused exacerbates the situation by making them feel more ostracized from society. Before they can even prove their innocence or tell their side of the story, the world projects unfair judgments on them that lead people to treat them poorly.
More often than not, innocent queer respondents do not receive any support from family and friends who may harbor prejudices against them secretly. The stigma attached to being an alleged perpetrator makes it hard for anyone accused unjustly to garner sympathy or get accepted more by society at large.
Without realizing it, peoples stereotypical views of queer folks as impulsive and oversexualized cause more harm than good. These wrong perceptions hinder justice rather than promote fairness for LGBTQ+ respondents when fighting accusations.
It is times like these where individuals accused out of malice need legal guidance from a student defense attorney experienced with dealing with Title IX matters comprehensively under federal law.
Protection Under Title IX for LGBTQ+ Students
If a student on campus accuses you (or your student) of sexual misconduct violating Title IX provisions in schools in New York (on our website we have provided some), you have several protections under federal law if subjected due process:
1.The right to be notified formally about charges presented against you.
2.The right to know the university’s version of what happened, evidence presented against you/the student, or in legal terms, “the prima facie case.”
3.The right to share one’s account of events with impartial panel members hearing and evaluating their version using a standard universally applied in similar cases.
4.Student services accessible within school walls (For instance, counseling)
5.The chance to have an attorney with them during hearings
Hiring a Student Defense Attorney Helps Fight Unjust Charges Within Title IX Proceedings
Queer students falsely accused of sexual misconduct feel incredibly alone and wonder how they will get through a challenging period like this unscathed. It’s prudent then to seek out the help of someone who empathizes with their predicament regardless of gender identity or sexual orientation.
Todd Spodek provides clients’ happiness, justice from false accusations through more than ten years helping students make Title IX allegations in colleges nationwide. He is not settling for any resolutions without considering and championing ones specific needs first.
Todd Spodek possesses valid licenses to practice law in Pennsylvania, New Jersey, and New York State-wide Colleges as well as Community Colleges under Title IV loan programs such as SUNY Schools on our website.
Make sure that you protect your interests or students rights as soon as possible by consulting us here at The Spodek Law Group. Contact us at these numbers (212-300-5196) today so we can schedule an initial assessment regarding your case under federal law – usually conducted free courtesy by our firm office attorneys.