Title IX is a federal law that requires your school to investigate every reported accusation of sexual misconduct. If someone levels such an accusation against you, your life can be dramatically altered. Your school, to avoid potential federal penalties, will do everything in its power to find you responsible and expel you.
Fortunately, Title IX includes some protections for the respondent—that is, the accused individual. A key protection is your right to a legal advisor to guide you through the nerve-racking ordeals of an investigation and a hearing. That advisor should be an attorney with experience in this complex area of law.
If an accusation is made against you, you need to call a qualified, experienced Title IX attorney immediately. Title IX cases are extraordinarily difficult to navigate. Accusations place your education, career, and future at risk. Only a Title IX attorney has the necessary background and knowledge to enable you to successfully defend yourself.
What Is Title IX and How Does It Work?
In 1972, the US Congress passed Title IX to prohibit sexual discrimination in all federally funded education programs. The law immediately became the main source of guidelines that high schools and universities use to investigate and adjudicate accusations of sexual misconduct.
Title IX, however, has been interpreted and enforced differently since its enactment. In 2020, the Trump administration's secretary of education, Betsy DeVos, issued new enforcement guidelines known as the “Final Rule.” These guidelines, among their changes, raised the bar of proof for allegations of sexual misconduct. In 2021, after the Biden administration took office, the new education secretary, Miguel Cardona, promised to roll back most of the Final Rule. In June 2021, the Education Department stated that it would use provisions of Title IX to protect students from discrimination based on sexual orientation and gender identity.
In July 2021, to address confusion resulting from changing interpretations of Title IX, the Education Department published a detailed document answering 67 questions about the regulations. There is an ongoing review of the guidelines within the department that is likely to undo many aspects of the Final Rule.
The main guidelines, as of now, for how schools should investigate allegations of sexual misconduct are as follows:
- All official complaints must be made to the school's Title IX Coordinator. Although all faculty and staff may be required by the school to report incidents of which they are aware, an official complaint has to be signed by the complainant and the Coordinator.
- As soon as a complaint is signed, the Title IX Coordinator must notify the respondent of the charges, including the name of the complainant and details of the allegation. The notice must include information on the respondent's rights, such as the right to be presumed “not responsible” and the right to hire an advisor, who could be an attorney.
- The Coordinator appoints an Investigator to research the case. The Investigator will meet with both sides, gather physical evidence, and interview witnesses.
- Following the investigation, the Investigator will prepare a full report of the findings. A period of time—typically ten days—is allowed for both sides to review the report and suggest revisions. The final report is then submitted to the Title IX Coordinator.
- In colleges and universities, a respondent is allowed a live hearing to defend themselves. For the hearing, either side may request closed-circuit video or other relevant accommodations. Hearings may involve either a panel of decision-makers or a single Decision-Maker. In high schools, live hearings do not need to be offered to respondents. Instead, the Coordinator could name a Decision-Maker to review the investigative report and render a verdict.
- Advisors represent both sides at the hearing. The respondent has the right to introduce evidence, call witnesses, and cross-examine witnesses, including the complainant. However, the school may require the respondent to submit witness questions to the hearing panel before the questions can be asked.
- Decision-makers are usually directed to reach verdicts on the basis of a “preponderance of evidence,” which is a less rigorous standard than “beyond a reasonable doubt.” With the “preponderance of evidence” standard, decision-makers have to conclude only that it is “more likely than not” that the respondent committed the violation.
- Both sides are permitted to appeal the verdict within a certain period of time, typically ten days. Appeals are allowed only under certain conditions, including the discovery of new evidence, obvious mistakes in the Title IX procedures, and bias on the part of a Title IX official.
What's At Risk
Most schools have developed a list of standard punishments to apply for disciplinary violations. Such lists usually have a range of possible punishments for Title IX violations, including verbal reprimands, restitution, mandated counseling, removal from housing, and probation. At a minimum, suspension is applied as a penalty. In most cases, however, students are expelled from the school.
Such punishments can have consequences that last for years. For example, after being expelled from one Alabama school, you may be ineligible to apply to others. Some schools describe your offense on your transcript, making it difficult for you to enroll in any school, in or out of state.
A Title IX violation may burden you for years, even if you aren't expelled. It can adversely affect your abilities to obtain financial aid, get into graduate school, or find a job.
How Can Attorney Joseph D. Lento Help?
You must mount a robust defense against Title IX allegations. Absolutely essential is an advisor with in-depth knowledge of the law, understanding of the politics involved, and experience dealing with university faculty and administrators.
Attorney Joseph D. Lento has the knowledge, understanding, and experience to help you win. Mr. Lento is an attorney who specializes in university misconduct cases—especially those involving Title IX. He has defended hundreds of students, just like you, from all types of Title IX charges. His knowledge of Title IX is unequaled, as is his understanding of the ways that campuses operate. Whether you want to prove your innocence or make a deal to salvage your career, attorney Joseph D. Lento will stand by your side.
If you or your child have been accused of Title IX sexual misconduct in Alabama, don't wait. Your university is already preparing its case. You should be too. Contact the Lento Law Firm today at 888-535-3686 or use our automated online form.
Alabama colleges and universities where Joseph D. Lento can help as your or your student's Title IX advisor during investigations, hearings, and appeals include, but are not limited to, the following schools:
- Alabama A & M University
- Alabama Southern Community College
- Alabama State University
- Amridge University
- Auburn University
- Auburn University at Montgomery
- Bevill State Community College
- Birmingham Southern College
- Bishop State Community College
- Brown Mackie College Birmingham
- Central Alabama Community College
- Chattahoochee Valley Community College
- Columbia Southern University
- Concordia College Selma
- Enterprise State Community College
- Faulkner University
- Fortis College Mobile
- Fortis College Montgomery
- Gadsden State Community College
- George C Wallace State Community College Dothan
- George C Wallace State Community College Hanceville
- George C Wallace State Community College Selma
- H Councill Trenholm State Technical College
- Heritage Christian University
- Herzing University Birmingham
- Huntingdon College
- Huntsville Bible College
- ITT Technical Institute Bessemer
- ITT Technical Institute Madison
- ITT Technical Institute Mobile
- J F Drake State Technical College
- Jacksonville State University
- James H Faulkner State Community College
- Jefferson Davis Community College
- Jefferson State Community College
- John C Calhoun State Community College
- Judson College
- Lawson State Community College Birmingham Campus
- Lurleen B Wallace Community College
- Marion Military Institute
- Miles College
- Northeast Alabama Community College
- Northwest Shoals Community College Muscle Shoals
- Oakwood University
- Prince Institute of Professional Studies Inc
- Reid State Technical College
- Remington College Mobile Campus
- Samford University
- Selma University
- Shelton State Community College
- Snead State Community College
- South University Montgomery
- Southeastern Bible College
- Southern Union State Community College
- Spring Hill College
- Stillman College
- Talladega College
- The University of Alabama
- Tri State Institute
- Troy University
- Tuskegee University
- University of Alabama at Birmingham
- University of Alabama at Huntsville
- University of Mobile
- University of Montevallo
- University of North Alabama
- University of Phoenix Birmingham Campus
- University of South Alabama
- University of West Alabama
- Virginia College Birmingham
- Virginia College Huntsville
- Virginia College Mobile
- Virginia College Montgomery
Title IX violations and Title IX charges can change an accused student's life if not defended against properly and as early as possible during the disciplinary process, and Joseph D. Lento has nearly a decade of experience passionately fighting for the future of his clients at universities and colleges throughout the nation. He does not settle for the easiest outcome, and instead, prioritizes his clients' needs and well-being. Joseph Lento is a licensed attorney in New Jersey and New York, is admitted as an attorney pro hac vice in state and federal court if needed when representing clients nationwide, and serves as a Title IX advisor and educational consultant to students facing disciplinary cases in Alabama and throughout the nation. Make certain your or your student's interests are protected - Contact National Title IX attorney Joseph D. Lento today.
