Discriminatory practices committed on the basis of gender are prohibited in federally funded colleges and universities under Title IX. Because the majority of higher education institutions in the country are funded by the government in some capacity, most schools must comply with Title IX regulations.
Sexual misconduct - in all of its forms - is technically gender discrimination. This means that the wide range of actions that constitute sexual misconduct is a direct violation of Title IX, and therefore must be adjudicated by schools, in accordance with current federal guidelines.
Derogatory and sexist remarks are a prevalent form of misconduct that Title IX coordinators receive complaints about on campus. In the event that a complaint is filed alleging derogatory or sexist remarks, the accused student and an accuser will undergo what's known as the Title IX process to ultimately come up with a finding. This process entails an investigation, and potentially a hearing for an institution to determine, based on the evidence, if the accused is “responsible” committing a Title IX violation.
What are Derogatory and Sexist Remarks?
A remark that is derogatory is insulting, demeaning or stereotypical. These comments are intentionally meant to hurt, and they usually do. When derogatory remarks are sexist, they contain attitudes and perceptions toward someone based on the target's gender. These remarks can come in the form of a joke, catcall, insults or taunts. They can be made in person as well as electronically. The internet and mobile phones have provided many opportunities for people to make sexist remarks through email, text messages, phone calls, pictures, web pages etc.
Throughout the Title IX process, it's important for accused students to remember that they are entitled to due process rights. Although most schools are expected to thoroughly adhere to their own policy, sometimes pressure from the Education Department, timing restrictions, and other factors may lead to an unfair process and result. This is why accused students need the help of an attorney advisor to ensure that the process stays equitable and that the school is held accountable if it strays from federal rules.
Nationwide Title IX Advisor
The only way to make sure your voice is heard and your rights are upheld is to retain a student defense attorney. For respondents, especially, the assistance of an attorney advisor is invaluable in the Title IX process. National Title IX attorney Joseph D. Lento has the skill, experience, and expertise to help you preserve your entitled rights under Title IX and your school's policy. For a case evaluation or more information about his representation, contact him online or give him a call at 888-535-3686 today.