Mar 21, 2024

TITLE IX AND INTIMATE PARTNER VIOLENCE Lawyers

Title IX and Intimate Partner Violence: A Complex Issue for Colleges

Intimate partner violence (IPV) unfortunately occurs all too often on college campuses. As an attorney who advises students on Title IX issues, I’ve seen how this complex problem impacts students’ lives and educational opportunities. In this article, I’ll provide an overview of IPV and explain when and how Title IX applies in these difficult situations.

What Exactly is Intimate Partner Violence?

The Centers for Disease Control and Prevention defines IPV as any physical, sexual, or psychological harm that occurs between intimate partners. This includes acts like hitting, shoving, or strangling; unwanted sexual touching or assault; insults, isolation, threats; stalking behaviors; or financial control. IPV happens between both opposite-sex and same-sex couples.The effects of IPV can be severe. Victims often suffer physical injuries, mental health issues like depression or PTSD, and disrupted school performance. IPV affects people of all backgrounds – it’s a problem we can’t ignore.

How Does Title IX Apply to IPV?

Title IX prohibits sex-based discrimination in education. Under Title IX, schools must respond promptly and effectively to sexual harassment and violence. But when does IPV fall under Title IX versus just being a criminal matter?The key question is whether the IPV created a hostile educational environment because of the victim’s sex or gender. For example, if a boyfriend regularly beats up his girlfriend specifically because she’s female, Title IX likely applies. Or if he stalks her on campus to the point she feels unsafe and her schoolwork suffers, that’s potentially a Title IX issue too.However, some argue Title IX shouldn’t apply to mutual fights or when there’s no clear gender-based motive. This area remains legally murky. As an attorney, I help students figure out if their situation may qualify for a Title IX investigation.

How Should Schools Handle IPV Complaints Under Title IX?

When a school learns of possible IPV, they must act immediately to protect the victim from further harm. This can include issuing a no-contact order, helping rearrange the victim’s housing or classes, etc.If the victim files a formal Title IX complaint, the school must investigate thoroughly while providing both parties fair due process. For example, each side gets to present witnesses and evidence. Hearings should use trauma-informed questioning methods.Ultimately, the school must decide if it’s “more likely than not” that the policy was violated. If so, they’ll impose sanctions on the perpetrator and remedies for the victim to help restore their equal access to education.I advise students involved in Title IX proceedings to consult a lawyer to ensure their rights are protected. These cases require navigating complex laws and policies.

Confidentiality Concerns in IPV Cases

Schools must keep Title IX complaints as confidential as possible. But they can’t guarantee total confidentiality since they must investigate. Anyone wishing to keep their identity fully confidential could instead speak to counselors, health providers, clergy, etc. who legally can’t share information without consent.

How Schools Should Address Off-Campus IPV

If IPV occurs off-campus, whether Title IX applies depends on if the conduct impacts campus programs and activities. For example, if a student can’t concentrate in class because their partner abuses them off-campus, that may fall under Title IX. I help students determine if and how they can file a complaint regarding off-campus IPV.Addressing IPV under Title IX is complex, but critically important. I hope this overview helps provide some clarity on the issues involved in these difficult situations. My door is always open to college students needing support or legal guidance related to IPV and Title IX.

TITLE IX AND INTIMATE PARTNER VIOLENCE Lawyers