Understanding Consent Under Title IX

Sexual assault and misconduct are serious issues on college campuses across the United States. Title IX is a federal civil rights law that prohibits sex-based discrimination and sexual harassment in education programs that receive federal funding. It provides rights and protections against sexual violence under the law. 

A wrongful Title IX accusation can profoundly affect every aspect of your life. Navigating these challenges requires a strategic and diligent approach, often with the support and guidance of an experienced Title IX attorney. 

If your school wrongly accuses you of sexual misconduct under Title IX, you have rights and legal options. While these topics can feel difficult and painful to confront, the Title IX defense attorney at the Law Office of Shane Phelps can help.

What Is Title IX?

Title IX is a federal civil rights law passed as part of the Education Amendments of 1972. Federal law mandates equal access to education. No person in the United States can face exclusion, benefit denials, or discrimination in any federally funded educational program or activity on the basis of sex.

In practice, Title IX prohibits sex discrimination, sexual harassment, and sexual violence in educational institutions that receive federal funding, including public and private universities, colleges, and K-12 schools. It applies to all aspects of these institutions’ education programs and activities. 

The protections of Title IX are quite broad, covering sexual assault, sexual harassment, dating violence, domestic violence, and stalking. It also prohibits discrimination against pregnant and parenting students.

Title IX applies to all students, regardless of their sex, gender identity, sexual orientation, disability, race, or national origin. 

Educational institutions are legally required under Title IX to respond to and remedy hostile educational environments and failure to do so can result in a loss of federal funding.

Schools must have clear policies and procedures in place for handling complaints of sexual harassment and assault. 

What is Consent, According to the Law?

The specifics of how consent is defined can vary by state and jurisdiction. Generally, consent refers to a freely given, knowledgeable, and voluntary agreement to engage in sexual conduct. Consent cannot involve force, coercion, intimidation, or an incapacitated victim who cannot freely agree.

Some key components of consent are:

• It must be freely given. Consenting under pressure or duress from force, coercion, intimidation, or threats is not true consent.
• It must be knowledgeable and informed. Individuals must understand what they are consenting to. Deception or false pretenses invalidate consent.
• It must be voluntary and enthusiastic. Consent is active, not passive. Lack of protest or resistance does not constitute consent. Consent can also be revoked at any time.
• The individual consenting must have the capacity to do so. Individuals who are incapacitated by drugs or alcohol, unconscious, asleep, or underage cannot legally give consent.
• Consent for one activity does not imply consent for others. Consenting to one sexual act does not grant consent for other acts. 

Title IX emphasizes the importance of affirmative consent, where both parties communicate their willingness to engage in each specific sexual act throughout the encounter.

Title IX requires educational institutions to use a preponderance of evidence standard when investigating allegations of sexual misconduct, meaning they must determine if it is more likely than not that sexual harassment or violence occurred without consent.

How Does Title IX Work with Texas Laws?

Title IX is a federal civil rights law, while Texas has its own state criminal and civil laws relating to sexual misconduct and violence. The two systems are separate but can work in parallel.

In Texas, the criminal laws relating to sexual assault are in Chapter 22 of the Penal Code. Sexual assault is generally defined as intentionally or knowingly causing sexual contact or penetration of another person without their consent, by force or threat of force, or when the victim is incapable of consent.

However, Title IX uses a broader definition of sexual misconduct beyond just criminal sexual assault.

It includes sexual harassment (including quid-pro-quo harassment and hostile environment caused by severe, pervasive, and objectively offensive conduct), dating violence, domestic violence, and stalking. So, some behaviors may violate Title IX even if they do not meet the elements of a criminal offense.

Title IX Administration

Another key difference is that Title IX matters are handled administratively by the school, not the criminal justice system. A Title IX complaint and investigation occurs within the school’s disciplinary process, not through law enforcement (though in some cases there may also be a parallel criminal investigation).

Title IX investigations use the preponderance of evidence standard of proof, which is lower than the criminal court standard of beyond a reasonable doubt. The evidence may support a Title IX violation but not a criminal prosecution. Reporting to law enforcement is not required to access Title IX rights and protections.

How Can a Lawyer Help if You Are Wrongly Accused of a Title IX Violation?

If you believe someone wrongly accused you of a Title IX violation, a lawyer can advocate for you by:

• Protecting Your Rights: Your attorney will ensure that your rights are protected throughout the investigation process. They can intervene to prevent any unfair treatment or procedural errors.
• Building Your Defense: A skilled lawyer will work with you to build a strong defense strategy based on the evidence and circumstances of the case. This includes challenging the credibility of witnesses and presenting exculpatory evidence.
• Negotiating with the Institution: In some cases, negotiations with the educational institution may be possible to resolve the matter without formal disciplinary action. Your lawyer can engage in these discussions on your behalf to achieve the best possible outcome.
• Appealing Decisions: If the investigation results in an adverse finding, your attorney can assist with appealing the decision and advocating for your rights in any subsequent proceedings.

Navigating a Title IX accusation requires careful strategy and understanding of both legal and institutional processes. By working closely with a knowledgeable attorney, you can ensure that your side of the story is heard and protect your educational and professional future.

Contact Shane Phelps Law if You Face a Title IX Violation

If you face charges of a Title IX violation, seek experienced legal representation immediately. At the Law Office of Shane Phelps, our attorneys have a proven track record of successfully handling Title IX violation claims.

We understand the complexities of these cases and are committed to protecting your rights and advocating for your best interests.

Contact us today to schedule a confidential consultation with one of our knowledgeable criminal defense lawyers. Let us provide you with the guidance and support you need during this challenging time. Your future and academic career are too important to leave to chance.

Reach out to the Law Office of Shane Phelps now to start building your defense. Call Texas criminal defense law firm at 979-596-6843 or contact us online.