Students who've been charged with Title IX offenses don't always realize just what they're facing. After all, you haven't been arrested. No one's talking about sending you to prison.
Make no mistake, though: Title IX is serious business. Typically, the minimum penalty, if you're found responsible, is suspension. More likely, your school will expel you. That could disrupt your entire future. Employers aren't looking to hire students who have been expelled.
Not only is everything at stake, though. Defending yourself will take courage and determination. Title IX rules are complicated. The procedures are difficult to navigate. Some schools will do everything they can to protect complainants (accusers) if that means denying you some important due process rights.
In fact, the situation you're in is so serious, you simply can't afford to handle it on your own. Title IX lets you choose an advisor to help you, and this advisor can be an attorney. Make sure it's a Title IX attorney, someone like Joseph D. Lento.
Title IX Procedures
Let's start with the basics. How does the Title IX process work? We can't tell you everything. The government guidelines run to some 554 pages. Here are the basics, though.
- All schools have a Title IX Coordinator. Anyone may report you for sexual misconduct. However, only a complainant (alleged victim) or the Coordinator may sign an official complaint against you.
- The Coordinator must provide you with written notice if you are being investigated. This notice must include a summary of the allegation and the name of the complainant. It must also apprise you of your rights, including the right to review any evidence against you and the right to be presumed “not responsible” (innocent).
- The Coordinator will appoint an Investigator. This person will meet separately with both you and the complainant in order to get both sides of the story. They will also interview witnesses and collect any physical evidence.
- Your school has a time limit on investigations. Once the investigation is concluded, the Investigator creates a written summary of their findings. Both you and the complainant then have the right to review this document and suggest revisions before it is forwarded to the Coordinator.
- If you are a college student, you are entitled to defend yourself at a live hearing. The Coordinator sets the time and date for this hearing and chooses one or more decision-makers to preside over the proceedings. Some high schools hold hearings as well, but they are not required to. Instead, an appointed decision-maker may meet separately with you and the complainant in order to gather additional information.
- At a hearing, you have the opportunity to present evidence and call witnesses in your defense. You can also cross-examine the complainant and any witnesses against you. The complainant has the same opportunity to present evidence and to question you.
- At the conclusion of the hearing, the decision-maker(s) use a legal standard known as “preponderance of evidence” to decide whether or not you are responsible. Less strict than “beyond a reasonable doubt,” this standard requires decision-makers to find you responsible if they are more than fifty percent sure you committed an offense.
- If you are found responsible, you can appeal the decision under certain very limited conditions. These include the discovery of new evidence or an allegation of procedural misconduct. Should you be found not responsible, however, the complainant can also appeal the decision.
You may have noticed, as you read through these procedures, just how complex a Title IX case can be. For instance, the law gives you a number of important due process rights. In many instances, though, you have to know what these rights are before you can truly take advantage of them. Only a Title IX attorney has the knowledge and experience to help you make your very strongest case.
Choosing an Advisor
Of course, you don't have to choose a Title IX attorney to serve as your advisor. In fact, under Title, you don't have to choose an attorney at all. Anyone can serve as an advisor. There are some important reasons, though, why a Title IX lawyer is the best option.
- Title IX is a federal law with many complex rules. It provides important due process protections, but only someone who has studied the law will know how to use these to your advantage.
- You won't be tried in a court of law. Instead, your hearing will probably take place in some campus seminar room. You won't appear before a judge and jury. Some combination of faculty and students will decide your case. You need an advisor, then, who isn't just comfortable in a courtroom but who has experience dealing with campus justice.
- Title IX cases involve unique concepts like “consent” and “preponderance of evidence.” Title IX attorneys understand the issues that surround these concepts and have the know-how to craft a defense strategy that takes them into account.
Finally, keep in mind that your advisor doesn't need to be from Delaware. You're not looking for the nearest attorney. You're looking for the attorney best qualified to win your case.
You can find out pretty quickly just how qualified an attorney is by asking three simple questions.
- How many Title IX cases have they dealt with?
- What is their success rate with Title IX cases?
- What specific strategies would they use to handle your case?
Joseph D. Lento, Title IX Attorney
Joseph D. Lento has devoted his entire career to helping students just like you fight unfounded sexual misconduct allegations and unfair sanctions. He knows the law, its history, and its politics. He also knows how high schools and colleges operate. He's handled hundreds of cases, and he's seen how schools stack the deck against the accused. Joseph D. Lento is committed to putting a stop to these tactics to make sure his clients get the justice they deserve.
If you or your child have been accused of Title IX sexual misconduct in Delaware, we can help. Contact the Lento Law Firm's Delaware office to find out how. Call 888-555-3686 or use our automated online form.
Delaware 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:
- Delaware College of Art and Design
- Delaware State University
- Goldey–Beacom College
- University of Delaware
- Wesley College
- Widener University–Delaware Campus
- Wilmington University
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 futures 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 Delaware and throughout the nation. Make certain your or your student's interests are protected - Contact National Title IX attorney Joseph D. Lento today.
