A federal law known as Title IX requires your school to investigate every reported accusation of sexual misconduct. If you find yourself to be the target of such an accusation, your life will be turned upside down and inside out. You can be assured that your school, to avoid potential federal penalties, will do everything it can to find you responsible and expel you.
Fortunately, Title IX does include some protections for the respondents—that is, the accused. One of the most important protections is your right to a legal advisor—a professional who can guide you through the ordeals of an investigation and a hearing. That advisor should be an attorney with a great deal of experience in this complex area of law.
If someone has made an accusation against you, you need to take it very seriously. Call a qualified, experienced Title IX attorney immediately. Title IX cases are extremely difficult to navigate, and your education, professional career, and personal future are all at stake. Only a Title IX attorney has the background and knowledge to allow you to successfully defend yourself.
What Is Title IX and How Does It Work?
The US Congress passed Title IX in 1972, intending the law to prohibit sexual discrimination in all federally funded education programs. It soon became the primary tool that high schools and universities use to investigate and adjudicate accusations of sexual misconduct.
The law, however, has been subject to different interpretations and varying levels of enforcement. In 2020, Secretary of Education Betsy DeVos, in the Trump administration, issued new enforcement guidelines known as the “Final Rule.” One of these guidelines raised the bar of proof regarding allegations of sexual misconduct. After the Biden administration took office in 2021, its education secretary, Miguel Cardona, promised to roll back most of the Final Rule guidelines. In June 2021, the Education Department announced that it would interpret some of the Title IX guidelines as protecting students from discrimination based on sexual orientation and gender identity.
Policy shifts between administrations have led to much confusion. In July 2021, the Education Department released a detailed document answering 67 questions on its interpretation of Title IX regulations. A committee within the department is conducting a comprehensive review of the guidelines and is likely to undo much of the Final Rule.
For now, the main guidelines about how schools can investigate sexual misconduct allegations are as follows:
- All official complaints are made to the school's Title IX Coordinator. Although the school might require all faculty and staff to report incidents, only complainants and the Coordinator can sign a complaint.
- After a complaint has been signed, the Title IX Coordinator notifies the respondent of the charges. That notice includes the name of the complainant and details of the allegation. The notice also informs the respondent of their rights, including the right to be presumed “not responsible” and the right to hire an attorney or other advisor.
- The Coordinator appoints an Investigator for the case. This individual meets with both parties, gathers physical evidence, and interviews witnesses.
- After the investigation, the Investigator writes a full report of the findings. Both sides are given an opportunity—typically ten days—to review the report and suggest revisions. The final report is submitted to the Title IX Coordinator.
- In colleges and universities, a respondent can defend themselves at a live hearing. Either side may request certain accommodations for the hearing, such as closed-circuit video. In some hearings, a panel of decision-makers decides the case. In others, there is a single Decision-Maker. High schools are not required to hold hearings. Instead, a Decision-Maker appointed by the Coordinator may simply review the investigative report and render a verdict.
- Advisors at the hearing represent both sides. The respondent can introduce evidence, call witnesses, and cross-examine the complainant and any other witnesses. However, the school may require the respondent to submit witness questions to the hearing panel prior to asking them.
- Decision-makers typically reach verdicts based on the “preponderance of evidence” standard, which is less rigorous than the “beyond a reasonable doubt” standard. A preponderance of evidence” requires only that decision-makers believe it “more likely than not” that the respondent committed the violation.
- Both sides can appeal the verdict within a certain period of time, typically ten days. Appeals are allowed only under the conditions of discovery of new evidence, obvious mistakes in the Title IX procedures, or bias on the part of a Title IX official.
What's At Stake
Most schools maintain a list of standard punishments for disciplinary violations. In terms of Title IX, there is usually a variety of possible punishments, such as verbal reprimands, restitution, mandated counseling, removal from housing, and probation. Suspension is usually the minimum penalty. Many students are expelled for Title IX violations.
Such punishments can have long-lasting consequences. After being expelled from one Kentucky school, you may be ineligible to apply to others. Some schools even note the precise nature of your offense on your transcript. That could make it difficult for you to enroll in any school anywhere.
Even if you aren't expelled, a Title IX violation can haunt you for years. It can interfere with your financial aid, be a barrier to getting into graduate school, and reduce your job opportunities.
How Can Attorney Joseph D. Lento Help?
You clearly need to have a strong, robust defense against Title IX allegations. You must have an advisor with knowledge of the law, an understanding of the politics involved, the ability to craft a winning strategy, and experience dealing with university faculty and administrators.
Attorney Joseph D. Lento is here to help you. Mr. Lento is an attorney who specializes in university misconduct cases—especially Title IX cases. He has defended hundreds of students, just like you, from every possible kind of Title IX charge. He has an unparalleled knowledge of this law, and he knows how campuses operate. Whether you're trying to prove your innocence or seeking to achieve a resolution to salvage your academic career, attorney Joseph D. Lento is on your side.
If you or your child have been accused of Title IX sexual misconduct in Kentucky, don't wait. Your university is already preparing its case. You should be too. Contact the Lento Law Firm today at 888-535-3686 or use our automated online form.
Kentucky 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:
- Alice Lloyd College
- Asbury University
- Ashland Community and Technical College
- ATA College
- Beckfield College Florence
- Bellarmine University
- Big Sandy Community and Technical College
- Bluegrass Community and Technical College
- Brescia University
- Brown Mackie College Hopkinsville
- Brown Mackie College Louisville
- Brown Mackie College Northern Kentucky
- Campbellsville University
- Centre College
- Clear Creek Baptist Bible College
- Daymar College Bellevue
- Daymar College Bowling Green
- Daymar College Louisville
- Daymar College Louisville
- Daymar College Madisonville
- Daymar College Online
- Daymar College Owensboro
- Daymar College Paducah Main
- Daymar College Scottsville
- DeVry University Kentucky
- Eastern Kentucky University
- Elizabethtown Community and Technical College
- Gateway Community and Technical College
- Georgetown College Georgetown, Kentucky
- Hazard Community and Technical College
- Henderson Community College
- Hopkinsville Community College
- ITT Technical Institute Lexington
- ITT Technical Institute Louisville
- Jefferson Community and Technical College
- Kentucky Christian University
- Kentucky Mountain Bible College
- Kentucky State University
- Kentucky Wesleyan College
- Lincoln College of Technology Florence
- Lindsey Wilson College
- Madisonville Community College
- Maysville Community and Technical College
- MedTech College Lexington Campus
- Mid Continent University
- Midway College
- Morehead State University
- Murray State University
- National College Lexington
- Northern Kentucky University
- Owensboro Community and Technical College
- Saint Catharine College
- Simmons College of Kentucky
- Somerset Community College
- Southcentral Kentucky Community and Technical College
- Southeast Kentucky Community and Technical College
- Spalding University
- Spencerian College
- Spencerian College Lexington
- Sullivan College of Technology and Design
- Sullivan University
- Thomas More College
- Transylvania University
- Union College
- University of Kentucky
- University of Louisville
- University of Phoenix Louisville Campus
- University of Pikeville
- University of the Cumberlands
- West Kentucky Community and Technical College
- Western Kentucky 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 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 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 Kentucky and throughout the nation. Make certain your or your student's interests are protected - Contact National Title IX attorney Joseph D. Lento today.
