If you are accused of a Title IX violation or an act of sexual misconduct, it can be extremely overwhelming. You may not know who to turn to or where to get help? Troy University encourages its students to get the guidance of an attorney-advisor at every step of the grievance process. Attorney-advisors, like those at Lento Law Firm, have the passion and unmatched experience to guarantee you the best possible outcome for your case. They will gather evidence, question witnesses, and craft a strategic defense. Call Lento Law Firm today.
What Is Title IX?
Title IX is a federal regulation that requires all federally funded colleges and universities to maintain certain standards when managing sexual discrimination and sexual violence accusations on their campus. These requirements include:
- Clear and immediate procedures for sexual misconduct allegations
- Designated personnel to handle instances of sexual violence
- In Title IX hearings, the standard of evidence should be “more likely than not” or “preponderance of evidence”
- Both parties involved should have access to the same procedures – advisors, appeals, and presentation of the evidence
- Retaliation protection
Troy University is committed to providing a safe environment for all faculty, staff, and students free from gender-based discrimination, including sexual harassment, sexual assault, sexual violence, stalking, domestic violence, and dating violence.
What Happens After an Allegation of Sexual Misconduct at Troy University?
Initially, complainants will meet with the Title IX Coordinator to discuss the allegation. The Title IX Coordinator will determine if a formal complaint is warranted. If so, the complainant will submit a written statement alleging the accused student committed a Title IX violation or an act of sexual misconduct. The Title IX Coordinator will then consider the formal complaint and decide if it is frivolous enough to be dismissed on its face – meaning it is clearly untrue, and so it would be dismissed without the university investigating it.
In some cases, the complainant will want to pursue an informal resolution process. If so, the Title IX Coordinator will meet with the accused student and the complainant to understand what happened during the incident. The informal resolution process is voluntary, and either party may leave at any time.
If the Title IX Coordinator does not dismiss the complaint and the complainant does not want to pursue an informal resolution process, the Coordinator will launch an investigation into the matter. The Coordinator will meet with the complainant and accused student and search for relevant evidence and witnesses who may be able to shine further light on the incident.
At Troy University, the Title IX Coordinator acts as not only the guard to the Title IX grievance process but also the investigator and decision-maker. When they have finished reviewing the facts, evidence, and available testimony, they will make a decision on whether the accused student did, in fact, commit an act of sexual misconduct or a Title IX violation based on a preponderance of the evidence. They will also determine possible sanctions, which might include anything from a written reprimand to full expulsion from the university.
Appealing a Sexual Misconduct or Title IX Violation Decision at Troy University
Troy University is different from most universities across the country because it only allows the complainant to appeal the Title IX Coordinator's decision.
At other universities, the student would receive the decision-maker's determination letter along with specific instructions for an appeal. The appeal has to be made within a few days of receiving notice of the decision and can only be made on the following grounds:
- There was a procedural error or lack of adequate due process that affected the outcome
- There is new evidence available now that was not reasonably available during the hearing or investigation that might affect the outcome of the matter
- The Title IX Coordinator, the investigator, or the decision-maker had a conflict of interest or bias for or against the complainant or accused student that affected the outcome of the matter
This lack of an appeals process for the accused student highlights the necessity of an attorney-advisor. An attorney-advisor will dive deep into the university policies and procedures and be able to figure out the best way to represent your case so that you won't need an appeal.
How an Experienced Attorney-Advisor Can Help
Being accused of a Title IX violation or an act of sexual misconduct at Troy University can have long-term consequences. The nature of the grievance process here does not give a lot of room for error. The main priority of the university is to get through the grievance process and get the school back into Title IX compliance. As such, students might receive harsher sanctions than necessary – like having their dorm rooms changed, altering their major to accommodate a complainant in the same major, or forfeiting their work-study programs.
Moreover, if you are found responsible for committing a Title IX violation or an act of sexual misconduct and the Title IX Coordinator suspends or expels you, those decisions will be noted on your transcripts. If you try to get into another college after expulsion or are applying to graduate school programs, you will have to clarify the incident in future admissions interviews. This is especially true for anyone who wants to attend law school or pass their character and fitness test for bar admission. Attorney Joseph D. Lento and Lento Law Firm are experienced attorney-advisors who will work diligently to mitigate any unnecessary consequences you might experience. They have the passion and fighting attitude to guarantee you the best possible outcome for your case. Call 888-535-3686 today to schedule a consultation.
