A Title IX accusation is serious business. The minimum penalty in such cases is usually suspension. Far more likely, your school will expel you if it decides you're responsible for a violation. Yet, defending yourself is no easy task. Title IX is a complicated federal law, and while it provides important due process protections for accused students, schools don't always do a good job of following the law.
You need someone in your corner, someone who knows the law and who can keep your school honest. In short, you need an attorney, but not just any attorney. You need a Title IX attorney.
How Title IX Works
Even a quick look at the basic Title IX guidelines reveals how complex the process of defending yourself can be.
- First, your school must have a Title IX Coordinator. Anyone may level an accusation at you, but only the Coordinator or a complainant—someone who is claiming abuse—can sign an official complaint.
- Once a complaint has been signed, the Coordinator must send your written notice, including the name of the complainant and details of the alleged incident. In addition, this notice should apprise you of your right to be presumed “not responsible” and your right to select an advisor to help you with the case.
- Next, the Coordinator appoints an Investigator. This investigator will meet separately with you and with the complainant to get both sides of the story. Most schools allow your advisor to accompany you to these meetings, but advisors aren't always allowed to speak directly to investigators. Investigators also collect any physical evidence and interview witnesses.
- After the investigation is complete, the Investigator must complete a full written report summarizing their findings. Both you and the complainant are entitled to review this report and suggest revisions before it is sent to the Coordinator.
- If you are a college student, you have the right to a full, live hearing. High schools often offer hearings as well, but Title IX does not require them to do so.
- A hearing is a chance to formally defend yourself. You can present evidence and, through your advisor, cross-examine the complainant and any witnesses.
- Most schools appoint a single Hearing Officer to conduct the hearing and decide the case. However, some schools use three or even five decision-makers. Decision-makers use something called the “preponderance of evidence” standard to make their decision. You've probably heard of the “beyond a reasonable doubt” standard. “Preponderance of evidence” is far less strict. If decision-makers believe you are “more likely than not” to have committed an offense, they must find you responsible.
- Both sides can appeal the hearing ruling, but there are restrictions. First, you have only a limited time frame in which to file your appeal. Second, you can only appeal the ruling for certain very specific reasons, such as:
◦ The discovery of new evidence
◦ Mistakes in the Title IX procedures
◦ Clear bias on the part of a Title IX official
You'll notice that Title IX provides you with important due process rights, such as the right to be presumed innocent and the right to confront your accuser. Schools can and do make mistakes, though. The advantage of hiring a Title IX attorney is that they know exactly how the process should work and can help make sure schools follow the letter of the law.
Choosing an Advisor
It's one thing to know you need an attorney. It's another thing to have to find one. There are thousands of lawyers out there making all sorts of promises. How exactly do you go about choosing someone to help you through the difficult process of a Title IX defense?
The most important thing to remember is that you're better off choosing an advisor who has a background in Title IX. You may be tempted to hire a local attorney or a family attorney. Local attorneys are great when it comes to state and local laws. Title IX is a federal law, though, and only someone who specializes in Title IX really knows how to deal with its many complexities.
Family attorneys often believe a school case will be easier and simpler than an actual criminal defense in court. After all, they reason, your school can't send you to prison. This attitude ignores the fact that a sanction like expulsion can have serious repercussions on the rest of your life. If you're expelled, you'll likely find it hard to enroll anywhere else. Your academic career could effectively be over, and that will make it hard to establish your career.
In fact, because Title IX is a federal law, you don't need an attorney from Georgia. You need someone who knows the law, someone with experience defending clients from sexual misconduct charges. So, how exactly do you go about finding this person? The answer is you need to ask good questions
- How many Title IX cases have they been involved with?
- How many successful Title IX cases have they defended?
- What is their strategy for dealing with the very specific demands of your case?
Your future is at stake. You need an advisor who provides the right answers to these questions.
Joseph D. Lento, Title IX Attorney
Joseph D. Lento is a nationally recognized Title IX attorney. He specializes in defending students from all kinds of misconduct charges, from simple harassment to more serious allegations like sexual assault and rape. He's worked with hundreds of students, just like you, helping them get the justice they deserve.
Most importantly, Joseph D. Lento is empathetic to your situation. He has seen schools try to bend the rules. He knows they often use sanctions that are far too severe for the offense. He is committed to holding them accountable, to making sure they treat each and every student fairly. He cares about your case and seeing that you get the very best possible resolution.
If you or your child have been accused of Title IX sexual misconduct in Georgia, don't wait. You need help now. Contact the Lento Law Firm's Georgia office today at 888-555-3686 or use our automated online form.
Georgia 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:
- Abraham Baldwin Agricultural College
- Agnes Scott College
- Albany State University
- Albany Technical College
- Altamaha Technical College
- American InterContinental University Atlanta
- Andrew College
- Argosy University Atlanta
- Armstrong State University
- Athens Technical College
- Atlanta Metropolitan College
- Atlanta Technical College
- Augusta State University
- Augusta Technical College
- Bainbridge College
- Bauder College
- Berry College
- Beulah Heights University
- Brenau University
- Brewton Parker College
- Brown College of Court Reporting
- Brown Mackie College Atlanta
- Carver Bible College
- Central Georgia Technical College
- Chattahoochee Technical College
- Clark Atlanta University
- Clayton State University
- College of Coastal Georgia
- Columbus State University
- Columbus Technical College
- Covenant College
- Dalton State College
- Darton College
- DeVry University Georgia
- East Georgia College
- Emmanuel College
- Emory University
- Everest Institute Norcross
- Fort Valley State University
- Fortis College
- Gainesville State College
- Georgia Christian University
- Georgia College & State University
- Georgia Gwinnett College
- Georgia Highlands College
- Georgia Institute of Technology Main Campus
- Georgia Military College Atlanta Campus
- Georgia Military College Augusta Campus
- Georgia Military College Columbus Campus
- Georgia Military College Milledgeville Campus
- Georgia Military College Valdosta Campus
- Georgia Military College Warner Robins Campus
- Georgia Northwestern Technical College
- Georgia Perimeter College
- Georgia Piedmont Technical College
- Georgia Southern University
- Georgia Southwestern State University
- Georgia State University
- Gordon College
- Gupton Jones College of Funeral Service
- Gwinnett College Lilburn
- Gwinnett Technical College
- Herzing University Atlanta
- Interactive College of Technology Chamblee
- ITT Technical Institute Atlanta
- ITT Technical Institute Duluth
- ITT Technical Institute Kennesaw
- Kennesaw State University
- LaGrange College
- Lanier Technical College
- Le Cordon Bleu College of Culinary Arts Atlanta
- Life University
- Luther Rice University
- Macon State College
- Mercer University
- Middle Georgia College
- Middle Georgia Technical College
- Miller Motte Technical College
- Miller Motte Technical College Columbus
- Miller Motte Technical College Macon
- Morehouse College
- Moultrie Technical College
- North Georgia College & State University
- North Georgia Technical College
- Oconee Fall Line Technical College
- Ogeechee Technical College
- Oglethorpe University
- Okefenokee Technical College
- Paine College
- Piedmont College
- Point University
- Reinhardt University
- Sanford Brown College Atlanta
- Savannah College of Art and Design
- Savannah State University
- Savannah Technical College
- Shorter University
- Shorter University College of Adult & Professional Programs
- South Georgia College
- South Georgia Technical College
- South University Savannah
- South University Savannah Online
- Southeastern Technical College
- Southern Crescent Technical College
- Southern Polytechnic State University
- Southwest Georgia Technical College
- Spelman College
- The Art Institute of Atlanta
- Thomas University
- Toccoa Falls College
- Truett McConnell College
- University of Georgia
- University of Phoenix Atlanta Campus
- University of Phoenix Augusta Campus
- University of Phoenix Columbus Georgia Campus
- University of Phoenix Savannah Campus
- University of West Georgia
- Valdosta State University
- Virginia College
- Virginia College Augusta
- Waycross College
- Wesleyan College
- West Georgia Technical College
- Westwood College Atlanta Midtown
- Westwood College Northlake
- Wiregrass Georgia Technical College
- Young Harris 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 Georgia and throughout the nation. Make certain your or your student's interests are protected - Contact National Title IX attorney Joseph D. Lento today.
