It could be more than “just dancing.” If a student feels dancing with someone “rose to the level of unwanted sexual consent,” there could be a Title IX claim, according to Kristina Supler, criminal defense principal with McCarthy, Lebit, Crystal & Liffman Co., LPA in Cleveland.
Supler knows. She handled such a case.
Title IX is a portion of the U.S. Education Amendments of 1972 that was adapted to ensure equal access for all in education. That included recruitment, admission, financial aid, discipline and athletics, according to Susan Stone, education practice leader for the law firm.
But today, the 37 words of the Title IX statute have been translated to include sexual assault and/or harassment, transgender issues (think of sex-based discrimination and restroom questions) as well as the rights of pregnant women, among other concerns.
So maybe you’d better have a talk with your college student about dancing.
“It’s important for students and parents not to take this lightly,” says Supler, who received her law degree from Cleveland State University/Cleveland Marshall College of Law. “A Title IX finding of responsibility in a student’s academic file can have significant repercussions. A student could be disciplined or expelled. It could be a tremendous challenge to transfer to a new school or apply to graduate school with this in his record.”
Colleges and universities were accused by some of doing a less-than-stellar job enforcing Title IX concerning sexual harassment and sexual violence on campus until the publication of the so-called “Dear Colleague” letter in 2011. The directive was issued by the Department of Education’s Office for Civil Rights. It was meant to help students who suffered sexual assault and harassment who, because of the incident, were denied equal and free access to an education.
“The Dear Colleague letter basically said to colleges and universities, ‘You’d better step up to the plate. You need to create offices with Title IX coordinators, keep records and have procedures for people involved. You need to take care of these people or we will pull all federal funding,’” says Stone.
But that ultimatum had “unintended consequences,” according to Stone, and some institutions of higher learning went overboard disciplining students for fear that their money would be cut off. Today she believes “the pendulum is trying to come into the middle,” with those involved trying to balance the concerns of the accused and the accuser. It was a goal not always met.
“Everyone has a lot to lose,” says Stone, a Case Western Reserve University School of Law graduate. “College students are technically adults, but this is the first time they have left home. They don’t really have the supervision they may need. Sometimes, they are not quite ready for the consequences. You mix in a little drugs and alcohol, and a lot happens.”
One of the most common problems that triggers a Title IX involvement on a campus anywhere in the country is a bad relationship breakup, according to Stone. That can lead to troublesome behavior, including stalking or posting inappropriate comments on social media.
“Behavior can be gray,” observes Stone. “There is a lot of confusion about consent. A lot of times you have two students, one person means no, but doesn’t say so.”
With Stone and Supler, McCarthy, Lebit has a specialized team that approaches Title IX cases with a combination of both civil and criminal law tools. Stone heads the firm’s higher education law practice to include Title IX (intimate partner violence and other forms of misconduct on campus), academic charges of dishonesty and special education law. Supler represents students involved in Title IX and academic disciplinary cases. She has extensive experience representing clients charged with sexual offenses.
The firm represents both the accusers and the accused.
“That perspective helps to evaluate a client’s needs more globally,” says Supler.
Both Stone and Supler highly suggest that any time a student — in high school or college — is involved with an alleged Title IX violation, legal counsel should be retained. Also, the lawyers stress that individuals who can’t make someone else stop a behavior that is affecting their life seek legal help.
McCarthy, Lebit, Crystal & Liffman Co., LPA, is a full-service law firm located in Cleveland, Ohio, that strives to make exceptional, legal service accessible. Founded in 1959, McCarthy Lebit continues to evolve from its origins as a boutique tax and business firm by two certified accountants with law degrees.