Securing Equal Rights in Higher Education: Title IX and LGBTQ+ Students

Since the establishment of Title IX by the U.S. Department of Education in 1972, schools in South Carolina and throughout the United States have been mandated to adhere to federal guidelines that eliminate gender-based discrimination in scholastic environments. In a state with 79 colleges and universities enrolling approximately 170,000 students annually, compliance with this law is crucial for institutions that rely on educational funding.

Title IX is designed to address concerns about all forms of sexual discrimination which may hinder students from gaining admittance or participating in programs or activities within their educational institution. The Office of Civil Rights is federally empowered to ensure compliance with this law, making it essential for campuses across America to establish written procedures that accurately outline how complaints related to sexual misconduct are handled.

Understanding Sexual Discrimination

Examples of sexual harassment include unwanted advances or appeals for sexual favors that may be perpetrated by students, faculty members, visitors, and other individuals associated with a school. In instances where physical force or coercion are used against another person’s will, sexual violence has occurred. Victims who are unable to give consent due to mental disability or those who are too young also fall under the purview of such crimes.

Discrimination occurs when individuals are denied access to participate in programs or activities because they belong to a particular sex, gender identity, etc. Harassment extends beyond this realm and frequently involves taunting and stereotyping aspects tied to gender identities. Schools must strive towards creating a learning environment free from hostility toward all students.

Title IX AND LGBTQ+ Students

Lesbian, gay, bisexual, transgendered persons and questioning (LGBTQ+) individuals comprise roughly 10% of undergraduate student populations nationwide; yet many feel they can’t defend themselves if wrongfully accused since false characterizations based on negative stereotypes often overshadow their positions concerning violations against them regarding Title IX regulations. Experienced legal counsel can act as an advisory filter and even the playing field.

Basis of Title IX Complaints Relating to LGBTQ+ Students – (2010 to 2018)

Complaints related to sexual harassment – 56.9 %

Exclusion or denial of benefits- 20.1%

Gender-based Forms of Harassment (non-sexual)-19.5%

Acts of retaliation towards those who complained or objected 4.5 %.

Discipline-related acts not previously described- 3.0 %

Title IX Procedures

While certain flexibilities are allowed in establishing procedures, they must be designed in accordance with a comprehensive set of guiding principles that include: –

Designation of school officials, responsible for Title IX coordination and the establishment of multiple ways for complaints relating to Title IX could be filed.

Prompt investigation procedures after notifying parties involved after receiving complaints

Time entitlements for accused parties (respondents), including sufficient timing required to respond to accusations, reducing chance conflicts of interest which could result in charges being prematurely upgraded or dismissed without full hearing taking place

Summoning all parties concerned [including witnesses etc.] without undue delay to a hearing,

Allowing Parties involved to select advisors for support and assistance etc., during the investigation process

Evidentiary Standards and Potential Sanctions

An accusation must be proven through evidentiary standards, based on a preponderance of evidence that proves guilt beyond reasonable doubt under clear and convincing standards. A written guideline must clearly describe potential sanctions following findings, including suspension, expulsion from an institution’s facilities/programs.

How May an Attorney Help?

Using the services provided by competent legal counsel can be advantageous; such individuals can aid students in drafting concise yet remarkable letters or statements required in presentations regarding complaints received during investigations/disciplinary proceedings while guaranteeing the protection shall accrue both rights and interests needing preservation.

Seasoned Attorney Serves as an Advisor for Students in Title IX Disciplinary Matters

It is advised that students availing themselves of the best possible representation. Experienced legal counsel can protect their interests and rights during investigations, hearings, as well as on appeal if necessary to secure a positive outcome.

Indeed no one should have to face potential accusations alone, especially concerning such life-altering issues as those governed by Title IX. With over ten years’ expertise passionately defending the future of LGBTQ+ students in multiple campuses across the country, Todd Spodek has brought unmatched representation to this cause. An attorney licensed in New Jersey, Pennsylvania and New York, he serves as an advisor for students facing disciplinary cases throughout South Carolina and nationwide under Title IX jurisdiction.

Protect your student’s best interests today – Contact National Title IX attorney – Todd Spodek right away at 212-300-5196.

List of South Carolina Colleges Where Attorney Todd Spodek Serves as a Title IX Advisor:

Aiken Technical College
Allen University
Anderson University
Benedict College
Bob Jones University
Brown Mackie College Greenville
Central Carolina Technical College
Charleston Southern University
Citadel Military College of South Carolina
Claflin University
Clemson University
Clinton Junior College
Coastal Carolina University:
Coker College:
College of Charleston:
Columbia College:
Columbia International University:
Converse College:
Denmark Technical College:
Erskine College and Seminary:
Florence Darlington Technical College:
Forrest College: 
Francis Marion University: 
Furman University: 
Golf Academy of America Myrtle Beach:    
Greenville Technical College:     
Horry Georgetown Technical College:          
ITT Technical Institute Columbia:                       
ITT Technical Institute Greenville:                 
ITT Technical Institute Myrtle Beach:       
ITT Technical Institute North Charleston:     
Lander University:    
Limestone College: 
Medix School Fortis College:
Midlands Technical College:
Miller Motte Technical College:
Miller Motte Technical College North Charleston:
Morris College: 
Newberry College:  
North Greenville University:
Northeastern Technical College:
Orangeburg Calhoun Technical College:
Piedmont Technical College
Presbyterian College
South Carolina State University
South University Columbia
Southern Wesleyan University
Spartanburg Community College
Spartanburg Methodist College
Technical college of the Lowcountry,
The Art Institute of Charleston,
Tri County Technical college, 
Trident technical college,
University of Phoenix Columbia Campus,
University of South Carolina Aiken,
University of South Carolina Beaufort,
University of South Carolina Columbia,
University of South Carolina Lancaster,
University of South Carolina Salkehatchie,
University of South Carolina Sumter,
University of South Carolina Union,
University of South Carolina Upstate,   
Virginia college
Virginia college in Charleston
Virginia college Columbia
Virginia college Greenville
Voorhees college
W L Bonner college
Williamsburg technical college
Winthrop university
Wofford college
York technical

Approximately 10% of undergraduate students across America identify as gay, lesbian, bisexual or questioning. Such individuals must not feel alone if accused wrongly regarding sexual misconduct./ LGBTQ+ Students should not face charges unsupported with requisite guidance and necessary help from experts well-informed about Title IX legal issues and how to resolve them amicably.

Make certain your student’s rights are protected – Contact National Title IX attorney Todd Spodek today at 212-300-5196!