Title IX and Offensive Touching

Title IX and Offensive Touching

Title IX Defined: Protecting Students from Sexual Misconduct in Higher Education Institutions

Title IX of the Education Amendments is a federal law that prohibits discrimination against students on the “basis of sex” in federally funded colleges and universities. As most higher education institutions are primarily funded by the government, they must comply with Title IX regulations. Over time, it has been recognized that sexual misconduct in all its forms constitutes sex discrimination under Title IX. Thus, any act deemed as sexual misconduct is a clear violation, requiring schools to adjudicate following current guidelines.

The Concepts of Offensive Touching Under Title IX Regulations

Offensive touching is one such form of sexual misconduct that Title IX coordinators have received complaints about on campuses nationwide. When an allegation arises related to offensive touching, both parties – the accused student and accuser – go through what’s known as the Title IX process to come up with a finding finally. The procedure involves an investigation and possibly a hearing where your institution will determine whether or not there is enough evidence to determine whether or not an accused student is responsible for violating Title IX.

Usually regarded as subjective, determining what constitutes “offensive” can be challenging under school policy. Still, it generally applies when it meets certain criteria: The touch should be unwanted, sexual in nature or motivated, and done offensively or harmfully. Moreover, there’s little need for physical contact to cause pain or injury; even contact with clothing linked to a victim can constitute offensive touching at many schools. Examples of physical contacts that could violate offensive touching include groping, fondling and smacking.

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Protecting Due Process Rights Under Title IX Regulations

Its crucial to remember throughout the Title IX process that accused students have due process rights. While most colleges are expected to comply thoroughly with their policies during this process, pressure from educational departments, timing constraints, and other variables may lead to unfair procedures leading to unjust outcomes for accused individuals.

To safeguard accused students’ rights and ensure a fair process, they need the assistance of an attorney-advisor. That’s where Todd Spodek comes in place: he is a national Title IX attorney with the skillset, experience, and expertise to support you throughout the legal process. By choosing him as your attorney advisor, you can preserve the essential rights entitled under Title IX and your institution’s policies. Contact Todd Spodek for a case evaluation or more information on his services via telephone on 212-300-5196 or online today.

Table On The Concepts And Examples Of Sexual Misconduct Arising From Title IX Regulations

Concepts of Sexual Misconduct

If Accused Of Sexual Misconduct while on Campus

  1. Contact A National Title IX Attorney Advisor.
  2. Remember that you have due process rights through the Title IX process.
  3. Avoid contests or conversations about the issue with the alleged victim, and other students as well to avoid being pulled into an on-campus disciplinary hearing.
  4. If contacted by a Title IX coordinator, promptly reply to all contact to ensure that you can preserve essential directories such as documentation of evidence crucial for your case.

For victims who have been subjected to sexual harassment of any kind:

  1. Do not deny or take blame for any occurrence or behavior from someone else.
  2. Create an official record without delay—the sooner a response, the more likely peer retaliation may be prevented.
  3. Consult with a national student defense attorney about your options when approached by faculty members or other students after pressing charges against someone else.

Nationwide Representation in Your Defense Against Accusations of Sexual Misconduct

If you’re accused of sexual misconduct on campus, retaining a national student defense counsel like Todd Spodek is critical. Countless numbers of accused individuals and disciplinary panel cases are represented each year by him. By providing you with professional legal representation, he ensures your rights are protected under both school policies and Title IX regulations.
Whatever specific issues you’re facing when it comes to college-level system misconceptions or violations against sex discrimination regulations, there’s a viable solution. Don’t hesitate if you’ve been unjustly singled out: contact Todd Spodek today for an evaluation of your case online at https://www.studentdisciplinedefense.com/contact/ or over the phone through 212-300-5196.

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Forms of Sexual Misconduct Description Examples
Offensive Touching The offense occurs when unwanted touching occurs sexually and harmfully. Groping, Fondling, Smacking of buttocks
Rape Involving any form of sexual activity without consent forcibly or coercion. Sodomy, Digital Penetration, Oral Sex through force or threats.
Stalking A sustained course of conduct causing fear or harassment due to actions from another student such as following someone else around campus on various occasions with no legitimate purpose. Persistent phone calls to target behavior and continued unwanted contact physically.