Federal law Title IX of the Education Amendments prohibits gender-based discrimination within federally funded educational institutions. Most of the colleges and universities in Minnesota are funded by the government to some extent, so Title IX is enforced in the vast majority of these schools in the state. Sexual misconduct in all of its forms - sexual misconduct, sexual harassment, dating violence, etc. - is considered gender discrimination by law. Therefore, any actions that constitute sexual misconduct is a violation of Title IX to schools. Also, in compliance with this law, institutions must adjudicate all complaints of sexual misconduct committed by and/or against college students.
Schools use the Title IX process to determine potential violations. During this process, students will get the help of an outside party, known as an advisor. Read on to learn about the role of an advisor, the benefits of selecting an attorney to take on this role, and the Title IX process in its entirety.
The Role of an Advisor
People who bring allegations (complainants) and those responding to said allegations (respondents) are afforded the right to choose anyone they see fit to be their advisor. This right is extended to these parties due to the fact that the Title IX process will be difficult to navigate, especially with from an emotional aspect. Schools and the federal government know that you'll need all the help you can get to get through this process. Choosing the right person to occupy this role will make all the difference between achieving a favorable result and being sanctioned for false or exaggerated claims.
The Benefits of Choosing an Attorney as Your Advisor
Respondents must understand that the assistance of an attorney is invaluable in the Title IX process. An experienced legal professional has been through the process numerous times and understands what it takes to prepare for an investigation or hearing. But most importantly, an attorney can ensure a respondent's rights are protected.
The Title IX Process
- A complaint is filed: colleges and universities encourage all members of the campus community to report all alleged instances of sexual misconduct.
- Interim measures: Once a complaint is filed, the school's main concern becomes keeping the complainant and the rest of the campus community safe from retaliation. In response, interim measures like a no-contact order, housing reassignments, class schedule changes, restricted access to certain parts of campus, and more are imposed upon respondents.
- The investigation: At some schools, the process ends here. A formal investigation is conducted by the school and an investigator comes up with a determination based on the facts.
- The hearing: Other schools resolve Title IX complaints via hearing. A panel comprised of students and staff will listen to testimony, witness accounts, statements and the presentation of evidence during a hearing. After it has concluded, the panel will deliberate and come up with a finding.
- Sanctions: If an investigator or hearing panel determines that a respondent is indeed “responsible” for violating Title IX, a range of sanctions may be imposed in response. Respondents have been subject to treatment orders, scholarship removal, suspension, and expulsion.
- Appeals: An appeal is a request for a school to reconsider its decision based on an error made at some point during the process. Any party that is dissatisfied with a final decision has the right to appeal.
Minnesota Title IX Advisor
If you attend a Minnesota college or university and are facing sexual misconduct allegations, it is crucial you contact an attorney. For students who haven't been through this process before, it can be confusing and scary. Preparation is the key to favorable results. Skilled legal professional Joseph D. Lento has extensive experience preparing respondents for an investigation and the entire Title IX process. Contact him today for help.
Minnesota colleges and universities where Joseph D. Lento can help as your or your student's Title IX advisor during investigations (in addition to hearings and appeals) include, but are not limited to, the following schools:
- Academy College
- Alexandria Technical & Community College
- Anoka Technical College
- Anoka Ramsey Community College
- Argosy University Twin Cities
- Augsburg College
- Bemidji State University
- Bethany Lutheran College
- Bethel University
- Brown College Brooklyn Center
- Brown College Mendota Heights
- Capella University
- Carleton College
- Central Lakes College Brainerd
- Century Community and Technical College
- College of Saint Benedict
- College of Visual Arts
- Concordia College at Moorhead
- Concordia University Saint Paul
- Crossroads College
- Crown College Saint
- Dakota County Technical College
- DeVry University Minnesota
- Duluth Business University
- Dunwoody College of Technology
- Fond du Lac Tribal and Community College
- Globe University Minneapolis
- Globe University Woodbury
- Gustavus Adolphus College
- Hamline University
- Hennepin Technical College
- Herzing University Minneapolis
- Hibbing Community College A Technical and Community College
- Institute of Production and Recording
- Inver Hills Community College
- Itasca Community College
- ITT Technical Institute Brooklyn Center
- ITT Technical Institute Eden Prairie
- Lake Superior College
- Le Cordon Bleu College of Culinary Arts Minneapolis
- Macalester College
- Martin Luther College
- McNally Smith College of Music
- Mesabi Range Community and Technical College
- Metropolitan State University
- Minneapolis Business College
- Minneapolis College of Art and Design
- Minneapolis Community and Technical College
- Minnesota School of Business Blaine
- Minnesota School of Business Brooklyn Center
- Minnesota School of Business Elk River
- Minnesota School of Business Lakeville
- Minnesota School of Business Moorhead
- Minnesota School of Business Plymouth
- Minnesota School of Business Richfield
- Minnesota School of Business Rochester
- Minnesota School of Business Shakopee
- Minnesota School of Business Waite Park
- Minnesota State College Southeast Technical
- Minnesota State Community and Technical College
- Minnesota State University Moorhead
- Minnesota State University Mankato
- Minnesota West Community and Technical College
- National American University Bloomington
- National American University Brooklyn Center
- National American University Roseville
- Normandale Community College
- North Central University
- North Hennepin Community College
- Northland Community and Technical College
- Northwest Technical College
- Northwest Technical Institute
- Northwestern College
- Northwestern Health Sciences University
- Oak Hills Christian College
- Pine Technical College
- Rainy River Community College
- Ridgewater College
- Riverland Community College
- Rochester Community and Technical College
- Saint Cloud State University
- Saint John's University
- Saint Mary's University of Minnesota
- Saint Paul College A Community and Technical College
- South Central College
- Southwest Minnesota State University
- St. Catherine University
- St. Cloud Technical and Community College
- St. Olaf College
- The Art Institutes International Minnesota
- The College of Saint Scholastica
- University of Minnesota Crookston
- University of Minnesota Duluth
- University of Minnesota Morris
- University of Minnesota Rochester
- University of Minnesota Twin Cities
- University of Phoenix Minneapolis/St Paul Campus
- University of St Thomas
- Vermilion Community College
- White Earth Tribal and Community College
- Winona State University
It is critical to make certain the Title IX investigation at your college or university is handled properly and that the accused student's or employee's interests are protected from as early as possible during the sexual misconduct investigative process. One major reason is because even at schools where a finding of responsibility for sexual misconduct charges is made at a hearing, the investigation will set the stage for what the hearing panel is provided prior to a hearing (and what the hearing panel will in large part rely on at a hearing), and at schools where the finding of responsibility is made solely through the investigative process, what takes place during the investigation itself will determine whether the accused is found responsible or not responsible for Title IX charges.
Unfortunately, some students, families, and college employees make the mistake of not taking the necessary precautions as soon as possible when accused of sexual misconduct. Some people will mistakenly believe that if they "just explain what happened," their school will be fair and impartial and will arrive at the truth. In a perfect world this may be the case, but in a perfect world, sexual misconduct and Title IX charges would not exist.
Fighting passionately for the future of his clients at universities and colleges throughout the nation for a decade, Joseph D. Lento knows how important it is to mount the strongest defense because he understands that an accused's academic and professional future is on the line. 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 sexual misconduct investigations and disciplinary cases in Minnesota and throughout the nation. Make certain your or your student's interests are protected - Contact National Title IX attorney Joseph D. Lento today.
