Van Dermyden Makus attorneys are well versed in the complexities of Title IX investigations. We understand the legal landscape and monitor the latest legislative, regulatory, judicial, and political developments. We conduct timely, thorough, and impartial investigations that meet Title IX requirements.

• Isn’t Title IX about sports?

While Title IX initially emerged out of the need to address gender inequality and discrimination within athletics on college campuses, Title IX has grown to encompass gender, sex, and equality at institutions at large. Any conduct that allegedly prevents an individual equal opportunity or access to their campus’ educational programs may potentially fall under Title IX. Sexual assault, harassment, stalking, dating and relationship violence, for instance, all fall under most Title IX Policies.

• Don’t schools have to report these matters to the police?

It depends – Title IX and its accompanying regulations do not impose a legal obligation to report Title IX matters to law enforcement.  While some jurisdictions have proposed mandatory referral laws, none have been enacted thus far.  However, K-12 and postsecondary institutions may be legally obligated to report to law enforcement if they reasonably believe that a crime has been committed and the allegations involve children under 18 years of age.

• Isn’t the criminal justice system better equipped to address these issues?

Educational institutions and the criminal justice system result in vastly different outcomes.  While criminal prosecution seeks to punish those convicted of crimes, Title IX’s goal is to ensure equal access to educational programs and activities.  This may result in suspension or expulsion of students found responsible of sex-based misconduct, but the Title IX process cannot ever end in incarceration or a loss of physical freedom.  With that in mind, educational institutions are better equipped than the criminal justice system to determine whether their own policies have been violated and how to respond to policy violations.  Further, there are certain remedies that only educational institutions can provide, such as a change in classes or living situation.  Additionally, not all law enforcement agencies are trained to deal appropriately with matters involving Title IX, or fail to investigate allegations appropriately

• Is it true if you have one sip of alcohol you can’t consent to sex?

Consent is not inherently related to alcohol consumption.  While the definition for affirmative consent may differ based on your institution’s policies, affirmative consent is affirmative, conscious, and voluntary agreement to engage in sexual activity.  Consent can be provided both verbally (i.e., “Yes”) and non-verbally (i.e. taking off one’s own clothing, body movements, nodding).  Consenting to one sexual activity does not automatically equal consent for a subsequent sexual activity, nor does consenting to sexual activity on one occasion equal consent to engage in the same sexual activity on another occasion.

In terms of alcohol use, you can absolutely consume one sip of alcohol or any intoxicant and still have the ability to consent to sexual activity – consuming alcohol speaks to one’s level of intoxication.  Incapacitation, on the other hand, refers to being in a state that prevents someone from being able to understand the fact, nature, and extent of the sexual activity, which can be induced through alcohol or drug consumption, as well as other medical conditions and disabilities.  You can be intoxicated and still be able to consent; you cannot be incapacitated and able to consent.

• What’s the best way to reach VM so you can help me with my Title IX questions?

For more information about Title IX and VM’s Title IX services, please contact our team at:
Email: vmtitleix@vmlawcorp.com
Phone: (916) 779-2402