Title IX of the Education Amendments is a federal law that condemns discrimination “on the basis of sex” within federally funded institutions. Given that the vast majority of schools in Missouri are funded by the government in some capacity, Title IX is enforced in many of the state's colleges and universities. According to this law, sexual misconduct in all of its forms - sexual assault, sexual harassment, dating violence, etc - is regarded as gender discrimination. Therefore, any actions that constitute sexual misconduct is considered a violation of Title IX. To comply with federal guidelines, colleges and universities must internally 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 need the help of an outside party, known as an advisor.
The Role of an Advisor
People who bring allegations (complainants) and those who respond to said allegations (respondents) are granted the right to choose anyone they feel would best serve as their advisor. This right is extended due to the fact that both complainants and respondents will need help when navigating the complex Title IX process. Choosing the right attorney will make all the difference in the outcome of a respondent's case.
The Benefits of Choosing an Attorney as Your Advisor
An attorney's assistance is very important in the Title IX process. They've likely been through the process numerous times and understand the full extent of what respondents should do to adequately prepare an investigation or hearing. An attorney can also ensure that a respondent's rights are protected and properly exercised throughout the process.
The Title IX Process
- A complaint is filed: Higher education institutions strongly encourage all members of the campus community to report all instances of rumored, witnessed, and experienced sexual misconduct.
- Interim measures: Once a complaint is filed, a school must prioritize the safety of complainants and the rest of the campus community. A school may impose interim measures, if necessary, upon respondents to minimize their interactions with other parties in the case. These measures consist of a no-contact order, housing reassignments, class schedule changes, restricted access to certain parts of campus, and more.
- The investigation: In some schools, the Title IX process ends at the investigation. An investigator will thoroughly interview respondents, complainants, witnesses, and other involved parties. Based on the facts, an investigator will come up with a determination.
- The hearing: In other schools, Title IX matters are resolved through a hearing. A hearing is the final opportunity for all parties to share their account of the alleged incident. A panel comprised of students and staff will listen to statements, testimony, and evidence. After the hearing, this panel will deliberate and make a determination.
- Sanctions: If an investigator or hearing panel determines that a respondent is “responsible” for violating Title IX, a range of sanctions may be imposed in response. Respondents have been subject to sanctions like 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 file an appeal.
Missouri Title IX Advisor
If you attend a Missouri 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.
Missouri 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:
- Avila University
- Baptist Bible College and Graduate School
- Brown Mackie College St Louis
- Bryan University Springfield
- Calvary Bible College and Theological Seminary
- Central Bible College
- Central Christian College of the Bible
- Central Methodist University College of Liberal Arts & Sciences
- Chamberlain College of Nursing Missouri
- College of the Ozarks
- Colorado Technical University Kansas City
- Columbia College
- Conception Seminary College
- Cottey College
- Cox College
- Crowder College
- Culver Stockton College
- DeVry University Missouri
- Drury University
- East Central College
- Evangel University
- Everest College Springfield
- Fontbonne University
- Grantham University
- Hannibal LaGrange University
- Harris Stowe State University
- Hickey College
- ITT Technical Institute Arnold
- ITT Technical Institute Earth City
- ITT Technical Institute Kansas City
- ITT Technical Institute Springfield
- Jefferson College
- Kansas City Art Institute
- Kenrick Glennon Seminary
- L'Ecole Culinaire
- Lincoln University
- Lindenwood University
- Linn State Technical College
- Maryville University of Saint Louis
- Messenger College
- Metro Business College Arnold
- Metro Business College Cape Girardeau
- Metro Business College Jefferson City
- Metro Business College Rolla
- Metropolitan Community College Blue River
- Metropolitan Community College Business & Technology
- Metropolitan Community College Longview
- Metropolitan Community College Maple Woods
- Metropolitan Community College Penn Valley
- Midwestern Baptist Theological Seminary
- Mineral Area College
- Missouri Baptist University
- Missouri College
- Missouri Southern State University
- Missouri State University Springfield
- Missouri State University West Plains
- Missouri Tech
- Missouri University of Science and Technology
- Missouri Valley College
- Missouri Western State University
- Moberly Area Community College
- National American University Independence
- National American University Lee's Summit
- National American University Zona Rosa
- North Central Missouri College
- Northwest Missouri State University
- Ozark Christian College
- Ozarks Technical Community College
- Park University
- Pinnacle Career Institute North Kansas City
- Pinnacle Career Institute South Kansas City
- Ranken Technical College
- Research College of Nursing
- Rockhurst University
- Saint Louis Christian College
- Saint Louis Community College
- Saint Louis University Main Campus
- Sanford Brown College Fenton
- Sanford Brown College Hazelwood
- Sanford Brown College St Peters
- Southeast Missouri Hospital College of Nursing and Health Sciences
- Southeast Missouri State University
- Southwest Baptist University
- St Charles Community College
- St Louis College of Health Careers Fenton
- St Louis College of Health Careers St Louis
- St Louis College of Pharmacy
- State Fair Community College
- Stephens College
- Stevens Institute of Business & Arts
- Texas County Technical College
- Three Rivers Community College
- Truman State University
- University of Central Missouri
- University of Missouri Columbia
- University of Missouri Kansas City
- University of Missouri St Louis
- University of Phoenix Kansas City Campus
- University of Phoenix Springfield Campus
- University of Phoenix St Louis Campus
- Vatterott College Berkeley
- Vatterott College
- Vatterott College Kansas City
- Vatterott College Saint Joseph
- Vatterott College Springfield
- Vatterott College St Charles
- Vatterott College Sunset Hills
- Washington University in St Louis
- Webster University
- Wentworth Military Academy & Junior College
- Westminster College
- William Jewell College
- William Woods 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 Missouri and throughout the nation. Make certain your or your student's interests are protected - Contact National Title IX attorney Joseph D. Lento today.
