Everything is at stake in a Title IX case. If your Florida college or university should find you “responsible” (guilty), the minimum sanction is typically suspension. More likely, you'll be expelled.
Given what is at stake, you might expect Title IX cases to be straightforward affairs with lots of rules in place designed to protect your rights and make sure justice is done. Although this is arguably how Title IX is supposed to work in theory, in fact, the opposite is often true. Title IX is a complicated law which can be incredibly difficult to navigate, and a respondent's interests (the accused student) are often considered last, if at all.
The good news is you don't have to navigate it alone. Title IX guarantees you the right to an advisor, someone to help you prepare your defense. That advisor can be—and should be—a Title IX attorney.
A Brief History of Title IX?
Title IX is a federal law passed in 1972. Its goal was to limit sexual discrimination in all federally funded education programs, including high schools and universities. Though it was initially meant to police schools, over the last fifty years it has become the primary means by which schools police their students.
The road to enforcement hasn't always been a smooth one. As you might expect, chemistry professors and English teaching assistants aren't particularly qualified to deal with serious judiciary matters. Consequently, for a number of years, many schools operated using justice practices that were, at best, unbalanced in favor of accusers.
The Trump administration took a big step towards solving some of these problems when it instituted what it termed the “Final Rule” in 2020. These new guidelines set limits on school jurisdictions, created clear definitions of “discrimination” and “harassment,” and outlined important due process rights for the accused.
Despite its name, the Final Rule was not the final word on Title IX. In fact, part of what makes the law so difficult is that it continues to evolve. The Biden administration, for instance, has advised schools on how to get around some of the Final Rule's provisions and has further promised to roll Trump's initiative back entirely at some point in the future. This tendency of the law to change is one reason why it's vital you have a Title IX attorney by your side.
Title IX Procedures
For now, here's what you can expect from a Title IX investigation:
- Your school should have a Title IX Coordinator who deals with all accusations. Your school may require all faculty and staff to report incidents, but only complainants and the Coordinator can sign an official complaint.
- Once they've signed a complaint, the Coordinator's next job is to provide you with written notice. Notice should include the name of the complainant as well as details of the allegation. In addition, this document should make clear that you will be presumed “not responsible” and that you have the right to select an advisor who can be an attorney.
- Next, the Coordinator appoints an Investigator. This person meets with both sides in the case. In addition, they collect physical evidence and interview witnesses.
- Your school must set a time limit for investigations, though they can choose what that limit will be. At the conclusion of the investigation, the Investigator completes a written summary of their findings. Both sides are entitled to read this document and make revision suggestions. After ten days, it is forwarded to the Title IX Coordinator.
- All “respondents” (defendants) at the university level have the right to a live hearing, at which they can present evidence and cross-examine witnesses. High schools are allowed to hold hearings, but Title IX does not require it. Instead, a single Decision Maker may review the investigative report and render a verdict. However, parents in these cases are still allowed to submit evidence and questions for witnesses.
- If the school offers a hearing, both sides are represented by their advisors. You have the right to introduce evidence and call witnesses. Title IX also gives you the right to cross-examine the complainant and any other witnesses against you. The rules here, however, can be tricky. For example, only advisors may ask questions. However, some schools will wrongly insist that all questions be submitted to the panel, who actually asks them.
- At the conclusion of a hearing, the Decision Makers deliberate using the “preponderance of evidence” standard to decide the case in almost all instances. According to this standard, they must only be fifty-one percent sure a respondent committed a violation in order to find them responsible.
- Under Title IX, both sides can appeal the Decision Maker's findings. However, appeals are only granted for very specific reasons:
- The discovery of new evidence
- The demonstration of obvious mistakes in Title IX procedures
- The demonstration of clear bias on the part of a Title IX official
Non-Title IX Cases
You should also know that since the Final Rule went into effect, many schools have adopted their own sexual misconduct policies. These are designed to address any misconduct that no longer fits under Title IX's new, stricter definitions.
Along with these new policies, some schools have set up separate procedures for dealing with these so-called “non-Title IX cases.” While Title IX is not perfect, it does guarantee respondents many important rights. Those rights aren't guaranteed in non-Title IX cases since such cases aren't governed by law.
It can be even more important, then, to have legal representation in these cases than in traditional Title IX cases.
How Can Title IX Attorney Joseph D. Lento Help?
You probably realize by this point that you need a good lawyer. You may be tempted to hire someone local or a family lawyer. Keep in mind that Title IX is a federal law. That means the lawyer handling your case doesn't need to be from your state. More importantly, most local attorneys have no background in Title IX. They don't understand its history and its politics. They aren't used to dealing with university faculty and administrators.
Joseph D. Lento isn't merely an attorney. He's a Title IX attorney. What does that mean? It means he's spent years studying the law, keeping up with its many changes. It means he spends most of every single day advocating for students and families facing Title IX disciplinary concerns, talking to school officials, and negotiating on his clients' behalf. Attorney Joseph D. Lento has protected hundreds of students from Title IX accusations, and he can protect you.
If you or your child has been accused of Title IX sexual misconduct in Florida, don't wait. Your school is already preparing its case against you. You should be preparing your defense. Contact the Lento Law Firm today at 888-555-3686 or use our automated online form.
Florida 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:
- Acupuncture and Massage College
- AI Miami International University of Art and Design
- American InterContinental University South Florida
- Argosy University Sarasota
- Argosy University Tampa
- Ave Maria University
- Aviator College of Aeronautical Science and Technology
- Barry University
- Beacon College
- Bethune Cookman University
- Brevard Community College
- Broward College
- Brown Mackie College Miami
- Carlos Albizu University Miami
- CBT College Cutler Bay
- Centura Institute
- Chamberlain College of Nursing Florida
- Chipola College
- City College Altamonte Springs
- City College Fort Lauderdale
- City College Gainesville
- City College Miami
- College of Business and Technology Flagler
- College of Business and Technology Hialeah
- College of Business and Technology Kendall
- College of Central Florida
- Daytona State College
- DeVry University Florida
- Digital Media Arts College
- Eckerd College
- Edison State College
- Edward Waters College
- Embry Riddle Aeronautical University Daytona Beach
- Embry Riddle Aeronautical University Worldwide
- Everest Institute Fort Lauderdale
- Everest Institute Hialeah
- Everest Institute Kendall
- Everest Institute North Miami
- Everest University Brandon
- Everest University Jacksonville
- Everest University Lakeland
- Everest University Largo
- Everest University Melbourne
- Everest University North Orlando
- Everest University Orange Park
- Everest University Pompano Beach
- Everest University South Orlando
- Everest University Tampa
- Everglades University
- Flagler College St Augustine
- Florida Agricultural and Mechanical University
- Florida Atlantic University
- Florida Career College Clearwater
- Florida Career College Miami
- Florida Christian College
- Florida College
- Florida Gateway College
- Florida Gulf Coast University
- Florida Hospital College of Health Sciences
- Florida Institute of Technology
- Florida International University
- Florida Keys Community College
- Florida Memorial University
- Florida National College Main Campus
- Florida Southern College
- Florida State College at Jacksonville
- Florida State University
- Fortis College
- Fortis College Largo
- Fortis College Miami
- Fortis College Tampa
- Fortis College Winter Park
- Fortis Institute Pensacola
- Full Sail University
- Golf Academy of America Altamonte Springs
- Gulf Coast State College
- Herzing University Winter Park
- Hillsborough Community College
- Hobe Sound Bible College
- Hodges University
- Indian River State College
- International Academy of Design and Technology Online
- International Academy of Design and Technology Orlando
- International Academy of Design and Technology Tampa
- ITT Technical Institute Fort Lauderdale
- ITT Technical Institute Fort Myers
- ITT Technical Institute Jacksonville
- ITT Technical Institute Lake Mary
- ITT Technical Institute Miami
- ITT Technical Institute Orlando
- ITT Technical Institute St. Petersburg
- ITT Technical Institute Tallahassee
- ITT Technical Institute Tampa
- ITT Technical Institute University Park
- Jacksonville University
- Johnson & Wales University North Miami
- Jones College Jacksonville
- Jose Maria Vargas University
- Keiser University
- Key College
- Lake Sumter Community College
- Le Cordon Bleu College of Culinary Arts Miami
- Le Cordon Bleu College of Culinary Arts Orlando
- Lincoln College of Technology West Palm Beach
- Lynn University
- Medvance Institute Fort Lauderdale
- Medvance Institute Miami
- Medvance Institute West Palm
- Miami Ad School Miami Beach
- Miami Dade College
- Millennia Atlantic University
- New College of Florida
- North Florida Community College
- Northwest Florida State College
- Northwood University Florida
- Nova Southeastern University
- Palm Beach Atlantic University West Palm Beach
- Palm Beach State College
- Pasco Hernando Community College
- Pensacola State College
- Polk State College
- Polytechnic University of Puerto Rico Miami Campus
- Polytechnic University of Puerto Rico Orlando
- Remington College
- Remington College Tampa Campus
- Ringling College of Art and Design
- Rollins College
- Saint John Vianney College Seminary
- Saint Johns River State College
- Saint Leo University
- Saint Thomas University
- Sanford Brown Institute Ft Lauderdale
- Sanford Brown Institute Jacksonville
- Sanford Brown Institute Orlando
- Sanford Brown Institute Tampa
- Santa Fe College
- Schiller International University
- Seminole State College of Florida
- South Florida Bible College and Theological Seminary
- South Florida Community College
- South University Tampa
- South University West Palm Beach
- Southeastern College
- Southeastern College
- Southeastern University
- Southwest Florida College
- St Petersburg College
- State College of Florida Manatee Sarasota
- Stenotype Institute of Jacksonville Inc. Jacksonville
- Stenotype Institute of Jacksonville Inc. Orlando
- Stetson University
- Tallahassee Community College
- Talmudic College of Florida
- Taylor College
- The Art Institute of Fort Lauderdale
- The Baptist College of Florida
- The University of Tampa
- The University of West Florida
- Trinity Baptist College
- Trinity College of Florida
- Trinity International University Florida
- University of Central Florida
- University of Florida
- University of Fort Lauderdale
- University of Miami
- University of North Florida
- University of Phoenix Central Florida Campus
- University of Phoenix North Florida Campus
- University of Phoenix South Florida Campus
- University of Phoenix West Florida Campus
- University of South Florida Main Campus
- University of South Florida St. Petersburg Campus
- Valencia College
- Virginia College Jacksonville
- Virginia College Pensacola
- Warner University
- Webber International University
- Yeshivah Gedolah Rabbinical College
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, 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 Florida and throughout the nation. Make certain your or your student's interests are protected - Contact National Title IX attorney Joseph D. Lento today.
