Have you been charged with a Title IX sexual misconduct offense? Here's the first thing you need to know: You can't handle this situation yourself. If you want the best chance of winning your case, you're going to need the kind of help only a Title IX attorney can provide.
Why?
Title IX isn't just school policy; it's a federal law. Defending yourself means navigating through a set of procedures so complex they can confuse even legal experts. Your school won't have your best interests at heart. In fact, they may actively try to side with the complainant (your accuser). You need someone in your corner, someone who knows the law and knows how to use it to your advantage.
Title IX Rights and Procedures
Current Title IX guidelines run to over 550 single-spaced pages. It's not a document you can skim between now and your first meeting with the Title IX Investigator. Here's a brief overview of how the process works.
- All Title IX cases originate with your school's Title IX Coordinator. This individual receives all complaints and decides whether or not they warrant investigation.
- If the Coordinator decides to proceed with a case, they must then select a Title IX Investigator to look into the matter further.
- The Title IX Investigator will start by meeting separately with both you and the complainant. They'll give you a chance to tell your side of the story, and they'll likely have many questions to ask.
- Next, the Title IX Investigator will collect any physical evidence and interview any witnesses to the alleged incident.
- The Investigator will then complete a written report of their findings. Both you and the complainant have the right to raise questions about anything in this document and to suggest revisions.
- If you're in college, the Coordinator will set a date and time for an official hearing into the case. They will also appoint one or more Decision Makers to direct proceedings. If you're in high school, you may get a chance to defend yourself at a hearing, but that's up to the school. They can also let a Decision Maker meet separately with both parties before coming to a final decision.
- At a hearing, you and the Complainant both make opening statements. The Investigator will present their findings and answer any questions. Then you and the Complaint take turns presenting your cases—submitting evidence, calling witnesses, and cross-examining any witnesses against you.
- After the hearing, the Decision Makers meet to determine whether or not you are “responsible” (guilty). To do this, they use a legal standard known as “preponderance of evidence.” According to this standard, they are required to find you responsible if they are over fifty percent sure you committed a violation.
- Once you've been notified of the hearing decision, you can appeal that decision but only under certain conditions, such as the discovery of new evidence or the demonstration of bias on the part of a Title IX official.
Throughout the process, you have some important rights. Without an attorney at your side, however, you may not realize you have them. For instance:
- Anyone at your school can report you if they believe you've committed sexual misconduct. However, only a Complainant (the alleged victim) or the Coordinator can sign an official complaint. In fact, Coordinators are discouraged from initiating investigations without a Complainant's cooperation.
- Your school is required to provide the Complainant with certain important services such as access to health care and mental health services, course changes, and no-contact orders. You have the right to the same services.
- The school must provide you with notice of the charges against you. This should include the name of your accuser and details of the allegation. This information can help you begin building your defense.
- You have the right to an advisor. This advisor can be an attorney.
- You have the right to be presumed “not responsible” until proven “responsible.”
- You have the right to review all evidence against you.
- You have the right to suggest evidence and witnesses to the Investigator.
- You have the right to a live hearing at which you can defend yourself.
- You have the right—through your attorney—to cross-examine the Complainant and any witnesses against you.
- You have the right to request the hearing be held via closed-circuit video.
The question is, will you know enough to know when your school doesn't treat you fairly? Will you know enough to know when it's useful to waive one of your rights? Will you know how to use all of your rights effectively?
Choosing an Advisor
You must have an advisor at your Title IX hearing. The law requires advisors to conduct examinations and cross-examination. You don't have to hire a Title IX attorney to serve as your advisor, though. In fact, your advisor doesn't even have to be a lawyer, and if you want, you can simply let the school appoint an advisor. Still, there are a number of good reasons why it makes sense to go with a Title IX attorney.
- Title IX is a complex law, and many of its rules are confusing. You want someone beside you during the investigation and hearing who knows exactly what's happening.
- Title IX cases aren't heard in a court of law. Investigations and hearings take place on school campuses in front of faculty, administrators, and students. You need an advisor who knows the law but who is also comfortable in that environment.
- Title IX cases involve a unique set of issues. Your hearing could very well hinge on how your school defines “consent,” for instance. Decisions are often made using a little-known judicial standard known as “preponderance of evidence.” Your advisor should be someone with experience handling these issues.
Many students think they have to hire a local attorney. Not so. Title IX is a federal law. Not only can anyone take your case, but usually, attorneys from other states will know more about the law than someone in your hometown.
Your most important consideration should be your attorney's qualifications. You can find these out 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 will they use to handle your case?
Joseph D. Lento, Title IX Attorney
If you're facing a Title IX charge and looking for an advisor, Joseph D. Lento offers the best of all possible worlds. He's a seasoned defense attorney skilled at making legal arguments. He's experienced with campus justice, having represented hundreds of students over the years. He's dogged when it comes to protecting student rights and making sure his clients get the justice they deserve, but he can also be a skilled negotiator when the situation demands it.
If you or your child have been accused of Title IX sexual misconduct in Nebraska, don't wait. Contact the Lento Law Firm's Idaho office today at 888-555-3686 or use our automated online form.
