LGBTQ+ Student Title IX Defense

At Saland Law, we understand how devastating a Title IX accusation can be, especially for LGBTQ+ students. When you are accused of sexual misconduct on campus, the consequences go far beyond school discipline. Your academic future, career goals, and personal reputation may all be in jeopardy. The pressure to respond quickly, navigate complex procedures, and protect your identity can feel overwhelming.

Founded by former Manhattan prosecutor Jeremy Saland, our firm brings extensive experience to defending respondents in Title IX investigations and hearings. We know the system from both sides. We know how investigators think, how administrators interpret evidence, and where implicit bias can seep into supposedly neutral processes. And we know that LGBTQ+ students face additional risks (misgendering, stereotyping, and unfair scrutiny) at nearly every stage of a Title IX proceeding.

Although we are headquartered in New York City, our practice is nationwide. Wherever you attend school, Saland Law is ready to defend your rights, preserve your future, and fight for a just outcome.

Title IX and LGBTQ+ Student Respondents

Title IX of the Education Amendments of 1972, found at 20 U.S.C. § 1681, prohibits discrimination on the basis of sex in any education program or activity receiving federal financial assistance. Title IX’s protections extend not only to sexual harassment and gender-based discrimination but also to sexual misconduct, including sexual assault, dating violence, and sexual contact without affirmative consent.

In recent years, the federal government has made it clear that Title IX also protects against discrimination based on sexual orientation and gender identity. While these developments are essential for LGBTQ+ inclusion, they do not eliminate the systemic issues that LGBTQ+ student respondents face when accused of misconduct.

Too often, Title IX cases involving LGBTQ+ students are mishandled by schools that lack cultural competency or rely on outdated assumptions. For example, same-sex encounters may be viewed through a heteronormative lens. Transgender students may be misgendered in hearing documents. Expressions of gender or sexuality that challenge traditional norms may be used to cast doubt on credibility or intent.

Saland Law approaches every case with sensitivity to these nuances. We understand the lived experiences of LGBTQ+ students and tailor our defense strategies accordingly because justice requires more than just knowing the law. It requires seeing the full person behind the accusation.

Understanding the Stakes of a Title IX Accusation

When you are accused of violating your school’s Title IX policywhether the allegation involves sexual assault, nonconsensual sexual contact, or dating violence, the first and most important step is recognizing the seriousness of the charge. This is not just a disciplinary matter. A finding of responsibility can lead to suspension, expulsion, loss of housing, rescinded scholarships, and even notations on your academic transcript that could follow you for years.

For LGBTQ+ students, the stakes may be even higher. You may be concerned about being outed publicly or forced to explain private aspects of your identity in a hostile setting. You may fear that administrators will not understand your relationships or may view them as suspect. In some cases, students have been denied access to gender-appropriate advisors, housing accommodations, or hearing panels.

That is why early, skilled legal representation is so critical. At Saland Law, we intervene at the earliest possible stage to ensure that the narrative around your case is not dictated by others. We work to protect your due process rights, push back against unfair assumptions, and build a defense rooted in both fact and context.

How Saland Law Defends LGBTQ+ Respondents in Title IX Cases

Our firm provides comprehensive representation throughout every phase of the Title IX process. The moment you are notified of an investigation, or even become aware that an allegation may be forthcoming, you should contact us immediately. Early legal counsel can often shape the course of the case.

We begin by conducting a thorough review of the complaint, the school’s Title IX policies, and all available documentation. We then meet with you to understand your perspective, your relationship to the complainant, and your goals moving forward. Because we work regularly with LGBTQ+ clients, we understand how issues of gender identity, presentation, sexual orientation, and cultural background may affect your case.

Our defense strategy includes preparing you for interviews, guiding you in assembling evidence, analyzing text messages and digital records, identifying potential witnesses, and responding to the investigative report. If your case proceeds to a hearing, we represent you with clarity and purpose, challenging evidence, questioning credibility, and insisting on procedural fairness.

At every stage, we remain focused on ensuring that your identity is respected, your narrative is accurately conveyed, and your rights are fully defended.

Common Allegations Against LGBTQ+ Students and Our Response

Allegations against LGBTQ+ respondents often stem from misunderstandings, social dynamics, or unexamined assumptions. For example, in same-sex interactions, confusion around affirmative consent may be compounded by fears, secrecy, or peer pressure. In some cases, one party may regret an encounter but misinterpret or recast it in the language of misconduct. In others, emotional relationships between roommates, friends, or classmates may turn volatile and lead to retaliatory accusations.

When defending LGBTQ+ respondents, we look deeper than just what was said. We examine how things were said, the power dynamics at play, the influence of alcohol or substances, the historical communication between the parties, and whether the school applied its own policies consistently and without bias.

We also pay close attention to how the school treats your identity. If the institution uses the wrong name or pronouns, segregates you in a way that makes you feel unsafe, or disregards the cultural context of your relationship, we raise those issues immediately. Misgendering, for instance, can damage your credibility in the eyes of a hearing panel. We make sure the focus stays where it belongs: on the facts, the evidence, and your right to a fair and respectful process.

Bias in Title IX Investigations Involving LGBTQ+ Students

Bias in Title IX proceedings does not always look like overt discrimination. More often, it shows up in subtle ways: how an investigator frames a question, which evidence is considered relevant, or how a panel interprets a text message or expression of affection. For LGBTQ+ respondents, these biases can be especially damaging.

An openly gay student might be assumed to be more sexually aggressive. A transgender student may have their credibility undermined simply because a school official is unfamiliar or uncomfortable with their gender identity. Nonbinary students may find that their existence does not fit neatly into institutional policies written around binary norms.

At Saland Law, we are vigilant in identifying and challenging every form of bias, no matter how subtle. We ensure that the hearing panel understands your identity, your language, and the relationship dynamics at issue. We raise concerns about unfair treatment and procedural gaps, and if necessary, we escalate those concerns to school leadership or outside agencies.

Bias is not always intentional. But that does not make it acceptable and we will never allow it to go unchallenged when your future is on the line.

The Title IX Process: What to Expect as a Respondent

The Title IX process begins with a complaint, usually filed with the school’s Title IX coordinator. Once a formal complaint is accepted, the school launches an investigation. During the investigation, both parties are interviewed, evidence is collected, and a report is drafted.

As a respondent, you have the right to be notified of the allegations, to review the evidence against you, and to be accompanied by an advisor of your choosing. That advisor may be an attorney and in our view, it should be. Without strong representation, you risk saying the wrong thing, missing key opportunities to present evidence, or failing to recognize when your rights are being violated.

After the investigation concludes, a hearing may be scheduled. At that hearing, witnesses are called, evidence is presented, and each side has the opportunity to cross-examine the other’s statements through their advisor. The decision-makers, often a panel or a trained administrator, will determine whether a policy violation occurred based on a preponderance of the evidence.

If you are found responsible, the school will impose sanctions, which can range from mandatory training to suspension or expulsion. You will then have an opportunity to appeal, typically on grounds of procedural error, new evidence, or demonstrated bias.

Saland Law will be by your side from start to finish. We will help you craft responses, prepare for interviews, gather favorable evidence, and challenge weak or biased findings. If your case proceeds to a hearing, we will be your advocate in every sense of the word.

Why LGBTQ+ Respondents Choose Saland Law

LGBTQ+ students accused of Title IX violations need more than just a lawyer. They need an advocate who understands how identity, law, and institutional culture intersect. They need someone who will see them as a whole person, not a stereotype. They need someone who will fight relentlessly for fairness, respect, and results.

Jeremy Saland’s background as a prosecutor gives him unique insight into how schools build cases, what evidence matters, and where systems often fail. His approach to Title IX defense is strategic, informed, and grounded in a deep respect for the students he represents.

Our firm does not rely on templates or one-size-fits-all solutions. We craft personalized defenses built around your story, your documents, your voice. We are thorough in our investigation, fierce in our advocacy, and clear in our communication. If something is unfair, we call it out. If something is unlawful, we challenge it. If your rights are ignored, we make sure the school hears us loud and clear.

Take the First Step Toward Defending Your Future

If you are an LGBTQ+ student who has been accused of sexual misconduct under Title IX, you cannot afford to go it alone. You need representation that understands the law and understands you.

Saland Law is here to help. We offer confidential consultations and nationwide representation. We will listen to your story, evaluate your case, and guide you through the process step by step.

Do not wait. Every moment matters. Contact Saland Law today to protect your rights, your identity, and your future.