Although Title IX is implemented to protect the rights of sex and gender identity, there are examples where Title IX has been misused by students. The common example of misuse of Title IX includes sexual misconduct policies that are not clear and do not outline what constitutes sexual misconduct. It is up to each university to create its own adherence to these policies, which makes the guidelines vague. The goal is for universities to protect the rights of all students, including those with marginalized identities, such as women or people of color, but this goal can be accomplished without creating overwhelming and unclear definitions for sexual misconduct policies.
If you are wrongfully accused of Title IX violation, then you can speak to a Texas Title IX advisor to protect you from unfair and unnecessary punishment at your school. A Title IX lawyer can help you understand the misapplication of Title IX and minimize the consequences of being wrongly accused.
The following are some common examples of how Title IX is misused:
Miscommunication between two people might give the other the impression of being assaulted
Title IX is meant to protect people who have been sexually harassed or assaulted. However, there are times when miscommunication occurs between two or more people, which results in someone feeling sexually assaulted. This could result in the student feeling sexually assaulted even though the action was unintentional by the other person.
Revenge incidents where you’re wrongly accused
Although Title IX was meant to create a safe space for students who feel unsafe at school, there have been instances where someone used Title IX for revenge. This is most likely to occur between two people who had some kind of connection or a previous relationship. Such a situation could be between two students or even between two faculty members. If you feel like you were wrongly accused in this way, speak to an attorney who specializes in Title IX.
Higher penalties like termination in cases of minor incidents
Some students find themselves in situations where the punishment is too harsh or unjustified. This can be extremely discouraging to people who have never been in any type of disciplinary situation before. A Title IX lawyer can help you understand why this punishment should not have been justified and create a case plan that addresses your concerns.