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.
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
|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.|