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.
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 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.
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.
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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.