Being accused - or formally known as a respondent - in a Title IX complaint alleging sexual misconduct is an uphill battle within itself. There's an unshakeable stigma that comes with this label that often warrants premature mistreatment and judgment far before due process is carried out. Being a student-athlete who happens to also be a respondent adds another layer of complexity to a whirlwind of a process. To successfully navigate the Title IX process as a student-athlete respondent, you absolutely need the help of an attorney-advisor. Here's why.
College Athletes are More Likely to be Named as Respondents in Complaints
As a student-athlete, you are three times more likely than the average student to be accused of sexual misconduct. Yes, you read that right. The odds are not in your favor.
An analysis orchestrated by ESPN television program Outside the Lines provided that about 6.3% of Title IX complaints against students - whether the complaint resulted in a formal investigation or not - involved an athlete as the person accused of wrongdoing. Whether or not the student-athletes were found “responsible” for these accusations were not included in the study.
The findings of this analysis may not be all too surprising given the number of high-profile cases that surface involving prominent student-athletes. Nonetheless, the statistics should inspire you to ensure that the adjudication process is as fair as it could possibly be. You can only do this by getting the help of a legal representative.
You Might Not Be Eligible to Play
When it comes to handling criminal charges, Indiana higher education institutions will not hesitate to bring down the hammer. Take a look at the new policy at Indiana University, for example. The university has decided to screen prospective applicants who may play intercollegiate sports or receive athletic financial aid to bar any who had been convicted or pleaded no contest to a felony involving sexual violence. The rule applies to potential freshmen, transfer students, and walk-on athletes.
But the waters are muddied when it comes to student-athletes who are under a Title IX investigation at their respective institution. In the absence of clear and concise guidelines across the board, third parties like coaches and athletic directors are given discretion to make decisions that can impact your collegiate athletic career. The issue of whether you will play or not will be in the hands of these parties, who may or may not be driven by the desire to maintain a scandal-free program.
Some schools have given coaches and athletic directors less authority by solely allowing administrators and deans to determine interim measures. This is why it's important you understand your school's regulations regarding if and when you'll play while under investigation.
You Could Lose Your Scholarship
Despite training extremely hard to earn an athletic scholarship, this opportunity is contingent upon certain conditions. What many student-athletes learn (the hard way) is that it's actually pretty easy for a scholarship to slip through your fingers.
All it takes is one false accusation. In the past, the National Collegiate Athletic Association (NCAA) was continually under fire for going too easy on college athletes with a history of sexual violence. But the NCAA's response to allegations and determinations are slowly changing, as the association has started cracking down on student-athletes in this predicament by stripping scholarships. With so much at stake, it's in your best interest to get the help of a legal representative.
Are You a Student-Athlete Who's Been Accused of Sexual Misconduct? Contact the Lento Law Firm
The only way to make sure your voice is heard and that your rights are protected in a Title IX investigation in Indiana to retain a student defense attorney. The assistance of an attorney-advisor is invaluable in the Title IX process, especially for respondents who are student-athletes. Attorney Joseph D. Lento has the skill and expertise to help you effectively navigate the process. For a case evaluation or for more information about his representation, contact him online or give him a call at 888-535-3686 today.
Indiana colleges and universities where Joseph D. Lento can help as your or your student athlete's Title IX advisor during investigations, hearings, and appeals include, but are not limited to, the following schools:
- Ancilla College
- Anderson University
- Ball State University
- Bethel College Mishawaka
- Brown Mackie College Fort Wayne
- Brown Mackie College Indianapolis
- Brown Mackie College Merrillville
- Brown Mackie College Michigan City
- Brown Mackie College South Bend
- Butler University
- Calumet College of Saint Joseph
- College of Court Reporting Inc.
- Crossroads Bible College
- DePauw University
- DeVry University Indiana
- Earlham College
- Fortis College Indianapolis
- Franklin College
- Goshen College
- Grace College and Theological Seminary
- Hanover College
- Harrison College Anderson
- Harrison College Columbus
- Harrison College Elkhart
- Harrison College Evansville
- Harrison College Fort Wayne
- Harrison College Indianapolis East
- Harrison College Lafayette
- Harrison College Muncie
- Harrison College Northwest
- Harrison College Terre Haute
- Holy Cross College
- Huntington University
- Indiana Institute of Technology
- Indiana State University
- Indiana University Bloomington
- Indiana University East
- Indiana University Kokomo
- Indiana University Northwest
- Indiana University Purdue University Fort Wayne
- Indiana University Purdue University Indianapolis
- Indiana University South Bend
- Indiana University Southeast
- Indiana Wesleyan University
- International Business College
- International Business College Indianapolis
- ITT Technical Institute Fort Wayne
- ITT Technical Institute Indianapolis
- ITT Technical Institute Merrillville
- ITT Technical Institute Newburgh
- ITT Technical Institute South Bend
- Ivy Tech Community College Bloominton
- Ivy Tech Community College Central Indiana
- Ivy Tech Community College Columbus
- Ivy Tech Community College East Central
- Ivy Tech Community College Kokomo
- Ivy Tech Community College Lafayette
- Ivy Tech Community College Northcentral
- Ivy Tech Community College Northeast
- Ivy Tech Community College Northwest
- Ivy Tech Community College Richmond
- Ivy Tech Community College South Central
- Ivy Tech Community College Southeast
- Ivy Tech Community College Southwest
- Ivy Tech Community College Wabash Valley
- Manchester College
- Marian University
- Martin University
- MedTech College
- MedTech College Ft Wayne Campus
- MedTech College Greenwood Campus
- Mid America College of Funeral Service
- Oakland City University
- Purdue University Calumet Campus
- Purdue University Main Campus
- Purdue University North Central Campus
- Rose Hulman Institute of Technology
- Saint Josephs College
- Saint Mary's College
- Saint Mary of the Woods College
- Taylor University
- The Art Institute of Indianapolis
- Trine University
- Trine University Regional/Non Traditional Campuses
- University of Evansville
- University of Indianapolis
- University of Notre Dame
- University of Phoenix Indianapolis Campus
- University of Phoenix Northwest Indiana Campus
- University of Saint Francis Fort Wayne
- University of Southern Indiana
- Valparaiso University
- Vincennes University
- Wabash College
All students must be extremely mindful when accused of sexual misconduct at their college or university; student athletes in particular, however, can have even more concerns at all stage of Title IX proceedings because the stakes are higher yet – When first contacted by their school's Title IX office, when a sexual misconduct investigation begins, when facing a hearing or an appeal, or when seeking further recourse by filing a Title IX complaint with the Department of Education Office of Civil Rights when necessary. For student athletes in Indiana who are facing a Title IX case and their families, it is critical to take the necessary precautions as soon as possible, including having an experienced attorney advisor, when accused of sexual misconduct. Unfortunately, many student athletes and their families, not being as familiar what is at stake and also their rights in the process, will mistakenly believe that if they "just explain what happened," everything will work out. Title IX cases can be won, but student athletes and their families must recognize, however, that achieving a favorable in a Title IX case requires a dedicated and intensive approach best handled by a professional who has a track record of successes in the Title IX disciplinary arena.
Fighting passionately for the future of student athletes at colleges and universities throughout the nation for over a decade, Joseph D. Lento knows how important it is to mount the strongest defense because he understands that a student athlete's academic and professional future, in addition to a post-college athletic career, is on the line. 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 to student athletes facing sexual misconduct investigations and disciplinary cases in Indiana and throughout the nation. Make certain your or your student's interests are protected - Contact National Title IX attorney Joseph D. Lento today.
