Title IX Advisor for College Employees in Wyoming

A Title IX accusation can come out of the blue and catch you completely by surprise. Here's the very first thing you need to know: The situation is serious. Even the most minor allegations can get you fired these days. And if your school ultimately finds you “responsible” (guilty) for an offense, you'll have trouble finding another educational institution to hire you. Your career could effectively be over.

You'd think, given what's on the line, schools would be especially careful about how they investigate accusations. They'd want to make sure the process is fair and give you every possible benefit of the doubt. The fact is, the judicial process at your school is likely weighted in favor of Complainants (alleged victims). Universities are required to investigate all but the most spurious claims, for instance. They also don't have to find you guilty “beyond a reasonable doubt” in order to punish you. They can fire you just if they think it's “more likely than not” that you committed a violation.

Thankfully, in its current form Title IX includes some important due process protections for Respondents (the accused), protections designed to make the entire process fair for both sides. Among these, you have the right to an advisor. Even better, this advisor can be an attorney. If you want to win, though, you have to make sure you choose the right advisor, someone who knows the law and has experience working with campus justice systems. You don't want just any attorney; you want Title IX attorney Joseph D. Lento.

What Is Title IX, Anyway?

Title IX is a federal law passed in 1972 that prohibits sexual discrimination and harassment on college campuses.

When most people hear “Title IX,” they think of sports. That's because the law has been used to demand female athletes have the same opportunities as male athletes. That's made for some splashy headlines over the years. Title IX is used far more often, though, to investigate and adjudicate accusations of sexual misconduct. The law includes a strict set of guidelines for how schools must handle such cases. As a starting point, then, it's important you familiarize yourself with the basics of the law.

1. Your school, like every school, has a Title IX Coordinator. This Coordinator sets school policy and makes decisions about which cases to investigate. It's worth knowing that the law penalizes schools that don't take sexual discrimination seriously. In practice, this means Coordinators generally investigate every accusation.
2. The Coordinator must provide you with notice of any investigation against you. Notice should include the name of the Complainant and details about the allegation. It should also apprise you of your rights, such as the right to be treated the same as the Complaint, the right to unbiased investigators and decision-makers, and the right to advanced notice of all official meetings and proceedings.
3. The Coordinator isn't supposed to investigate you themselves. Title IX deems this a conflict of interest. Instead, they should appoint an Investigator to look into the matter. This person meets regularly with both sides in the case, interviews witnesses, and collects any physical evidence.
4. At the conclusion of the investigation, the Investigator writes an unbiased summary of their findings. Both sides have the right to question these findings. You should have ten days to review the document and suggest any revisions.
5. Once the Coordinator receives the report, they schedule a date and time for a live hearing. In addition, they choose one or more Decision-makers to preside over the proceedings. Again, neither the Coordinator nor the Investigator may serve as a Decision-maker.
6. At the hearing, both sides present their cases. You may offer arguments, introduce evidence, and question witnesses. In addition, you may cross-examine the Complainant and any other witnesses against you. However, only advisors may conduct such cross-examination. As a result, if you do not have an advisor, the school must provide you with one. It isn't, however, required to supply you with an attorney.
7. At the end of the hearing, Decision-makers evaluate the evidence and render a judgment. In doing so, they use a legal standard known as “Preponderance of Evidence.” Similar to “Beyond a Reasonable Doubt,” but far less strict, this standard requires Decision-makers to find you Responsible if they believe it is “more likely than not” that you committed an offense.
8. You have the right to appeal the hearing outcome. Typically, there's a time limit on doing this. In addition, your school will likely have restrictions on the grounds for appeal. This usually includes things like the discovery of new evidence, a complaint about procedural mistakes, or a complaint about a biased Title IX official.

Knowing the important aspects of a Title IX case is a good start to building your defense. Keep in mind, though, that procedures are complicated, and only someone who has studied the law will know how to guide you through them.

How Can Joseph D. Lento Help?

Facing an allegation of sexual misconduct can be a nerve-rattling experience. The accusation itself is upsetting. Add to this the danger that the accusation will become public knowledge or that you'll have to deal with media scrutiny. Your colleagues may doubt you; your students may treat you differently. All that's beside the fact of the investigation and hearing. The entire experience is guaranteed to be stressful.

You can handle it, but you don't want to try and handle it all on your own.

Joseph D. Lento is a fully-licensed, fully qualified defense attorney. He isn't the average defense attorney, though. He's what's known as a “Title IX attorney.” That means he's spent years studying Title IX. He knows its history; he monitors its politics; he keeps up with its frequent revisions. Just as important, Joseph D. Lento understands how schools operate. He knows what tactics they use, and he knows how to counter those tactics. Joseph D. Lento has helped hundreds of college employees get the justice they deserve, and he can help you do the same.

If you've been accused of Title IX sexual misconduct in Wyoming, don't wait. Contact the Lento Law Firm's Wyoming office today at 888-555-3686 or use our automated online form.