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Common Examples of Title IX (Nine) Sexual Misconduct

August 9, 2018By Brian Manchester

The Office for Civil Rights has described specific forms of sexual misconduct that is prohibited under Title IX.

In order to provide you with more information about Title IX, we have outlined the most common examples below.

Rape/Sexual Assault

This is the clearest and most commonly thought of form of sexual violence. Intercourse, and any other sexual act, requires consent. Without consent, a student could be accused of rape or sexual assault.

Drugs and alcohol, which are extremely common at college, can easily muddy the waters on consent: According to the Office of Civil Rights, a student may be deemed incapable of giving consent because they were intoxicated. This means that even if you have intercourse with someone who seemed to be consenting at the time, it is possible for that person to claim they were severely intoxicated, and a Title Nine Sexual Assault investigation may be brought.

Sexual Coercion

Sexual coercion is a Title Nine violation and is similar to sexual assault, as it takes place without the victim’s consent. The difference between sexual coercion and sexual assault is that sexual coercion focuses on the use of verbal or emotional pressure put on the victim. However, it may also include physical force in an attempt to persuade the victim into sexual activity. In addition, drugs or alcohol can further speak to whether an alleged victim was coerced.

Videotaping/Taking Pictures

It would be difficult to find even one college student without a smartphone these days. It is important to keep in mind that videotaping or taking pictures of sexual activity, or the other person while naked, is a Title Nine violation if you did not have the other person’s consent. This includes taking videos or pictures on Snapchat where the content will disappear after a few seconds. Remember, Title Nine uses the lower, preponderance of evidence, standard of proof. This means that you could be found guilty of Title Nine sexual misconduct even if witnesses say you sent them such content, even if the proof has disappeared.

Free Consultation | We’ll Fight For You

If you have been accused of Title Nine Sexual Assault, Brian Manchester will fight for you every step of the way and ensure you receive aggressive representation. For a free consultation we can be contacted at 1-800-243-4878.

 

Posted in: Title IX/Student Discipline blog

Tags: Civil Rights, Rape, Sexual Coercion, Sexual Misconduct, Taking Pictures, Videotaping,

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About the Author

Brian Manchester is the owner of Manchester and Associates in Bellefonte, Pennsylvania. His law firm practices DUI and Criminal Defense exclusively throughout the entire state of Pennsylvania in both state and federal court. He has a team of two other lawyers with a combined 50 years of trial and courtroom experience are also trained in science and many other skills that are relevant to criminal defense to include the psychology of persuasion as well. One of his associates is a former District Attorney (chief prosecutor) in central Pennsylvania.   Mr. Manchester and his team routinely handle serious felony cases including murder, manslaughter, sex crimes, complex financial crimes, and serious assaults. A large part of Mr. Manchester’s practice is the defense of alcohol and drug-based DUI offenses as well as drug cases using science and analytical chemistry. Mr. Manchester has training as a Standardized Field Sobriety Testing Instructor. He is one of a handful of Certified Lawyer-Scientists as recognized by the American Chemical Society in the United States. He is a member of NCDD and is a Founding Member of DUIDLA. He is also a member of the American Chemical Society with over 170,000 members across the world. To date, he is the only practicing criminal defense lawyer to belong to the Society of Forensic Toxicologist where he is an Associate Member. Mr. Manchester speaks nationally on the topic of blood and drug testing for alcohol as well as the metrological (measurement uncertainty) in forensic testing.

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