Types of Title IX Offenses
Understanding Title IX and your options for a strong defense
Title IX allegations against a college or university student in Texas can be life-altering, affecting not just the immediate present but also casting a shadow on future aspirations. At Botsford & Roark in Austin, TX, we stand as a beacon of hope during such trying times.
We are a law firm with extensive experience in fighting Title IX offenses and have represented some of the highest-profile Title IX cases in the nation.
If you have been accused of a Title IX violation, contact our experienced Title IX defense lawyers for a confidential case evaluation. We can explain the accusations, how the law applies to your situation, and provide an overview of what comes next.
Common types of Title IX accusations against students
Title IX is a federal law that prohibits sex discrimination in education programs and activities that receive federal financial assistance, including colleges and universities, K-12 schools, and vocational schools.
A Title IX violation occurs when an educational institution fails to comply with the requirements of Title IX, such as by engaging in sex discrimination or failing to take steps to prevent and address sexual harassment and assault. When students are accused of violating Title IX, accusations typically fall into one of the following categories:
- Rape or sexual assault
- Stalking or physical assault
- Sexual harassment
- Retaliation
- Creating a hostile environment
- Unwanted sexual behavior, advances, or requests for favors
Rape or sexual assault
While Title IX aims to ensure safety and equality in education, it’s also important to understand how it can give weight to unfounded allegations. For examples, Title IX accusations of rape or sexual assault typically involve allegations of:
- Non-consensual intercourse. One student alleges that another student engaged in sexual intercourse with them without their clear and voluntary consent. This may involve the use of physical force, threats, or incapacitation through drugs or alcohol.
- Unwanted sexual contact. An individual reports that they were subjected to unwanted sexual touching, fondling, or groping without their consent. This can occur in various settings, including dorm rooms, parties, or social gatherings.
- Incidents involving incapacitation. A person claims that they were sexually assaulted when they were unable to provide informed and voluntary consent due to being under the influence of alcohol or drugs.
- Coercion and pressure. A student alleges that they engaged in sexual activity because they felt coerced, threatened, or pressured by someone in a position of power or authority within the educational institution, such as a professor or coach.
- Multiple allegations. In some cases, multiple students may accuse the same individual of sexual assault, or a student may accuse multiple people in one incident, leading to a broader investigation.
Stalking or physical assault
Examples of Title IX stalking or physical assault allegations may include:
- Stalking. A student reports that another student has been repeatedly following them, sending threatening messages or gifts, or engaging in any unwelcome and intrusive behavior that causes them fear, distress, or a reasonable belief that their safety is at risk.
- Physical assault. An individual alleges that they have been physically assaulted by another student or a member of the college community. This may involve incidents such as punches, slaps, or other forms of physical violence.
- Dating or domestic violence. A student reports being in an abusive relationship with another student or college community member, where they have experienced physical violence, emotional abuse, or coercive control.
Sexual harassment
- Quid pro quo. A student alleges that a professor or person in authority within the educational institution made unwelcome sexual advances or requests for sexual favors in exchange for academic benefits, grades, or other opportunities.
- Harassment and intimidation. A person claims that they have been subjected to ongoing harassment, threats, or intimidation by another student or member of the educational institution. This can include verbal abuse, threats of violence, or intimidation tactics.
- Cyber harassment. An individual claims that they have been subjected to online sexual harassment, such as receiving explicit or threatening messages, images, or videos from another student or member of the college community.
Retaliation
A student alleges that they faced retaliation, such as bullying or adverse academic consequences, after reporting incidents of sexual harassment to the educational institution.
Hostile environment
A student reports that they have been subjected to an ongoing pattern of unwelcome sexual comments, jokes, or advances by peers, faculty, or staff members, which has created a hostile or intimidating educational environment.
It's important to emphasize that individuals accused of Title IX offenses have the right to legal representation and a fair, impartial investigation to determine the facts of the case.
Demanding justice for Title IX respondents
Being accused of a Title IX violation can be a daunting and stressful experience, both for the accused student (respondent) and their parents. We are here to help you every step of the way.
Our Texas Title IX defense attorneys have extensive experience defending students accused of Title IX violations. Brian Roark is regarded as one of the most knowledgeable and successful Title IX defense lawyers in the United States. With our commitment to justice, our deep understanding of Title IX processes, and our dedication to our clients, we ensure that you are not alone in this.
If you or your child is facing a Title IX allegation, remember that you don't have to face it alone. Contact Botsford & Roark today to help protect your rights and future. Our experienced Title IX violation defense lawyers are here to provide you with the support, guidance, and knowledge you need during this challenging time. Our office is located in Austin, and we offer Title IX defense to clients throughout Texas.