The U.S. Department of Education implemented Title IX in 1972. This federal law prohibits all sexually-based discrimination in educational institutions. All schools that receive federal education funds, such as the majority of colleges and universities, are required to adhere to the provisions. Students who are alleged to have violated the rules, such as through acts of sexual misconduct, are subject to a disciplinary process that can potentially lead to penalties such as suspension or expulsion. It is recommended that those students who face such allegations seek legal assistance. The Lento Law Firm has the knowledge and experience to effectively defend those who are accused and ensure the proceedings are fairly conducted.
Disciplinary Hearings
Designated campus administrators are assigned to promptly investigating these matters to maintain federal compliance. A hearing is conducted where the accused may contest the allegations. These proceedings are uniquely structured and lack many of the legal formalities seen in criminal or civil court actions. Recently the federal government has been finalizing some significant changes to Title IX.
Student's Rights
The original Title IX provisions did not specifically address the standards of evidence to be used. Federal guidance has encouraged proving allegations by the “preponderance of the evidence”. One of the pending changes to Title IX involves allowing for usage of a “clear and convincing evidence” standard. At a hearing, the student has a right to be accompanied by an advisor. This individual is often largely limited to a support role. College and university administrations are often found to be in a rush to judgment in these matters and do not always fully consider the rights of the accused.
Why Consider Legal Representation?
There are a host of benefits that an attorney can provide in your defense such as the following:
- An attorney will assist you tremendously in preparation, as a comprehensive defense strategy is critical
- To be sure that the contents of the opening and closing statements are highly effective
- Coaching and training relating to responses to the questions that you are likely to encounter
- Have ample evidence, documentation and potential expert reports that support your plan and defense
- To ensure you are treated fairly throughout the process
- Assistance with unexpected developments that may arise during the hearing
- Maximizing opportunities for cross-examination of accusers and witnesses when possible
- Emotional support and guidance amid the process
- Familiarity with the currently volatile provisions that govern Title IX
Appeals Process
Often students proceed into the disciplinary process without legal representation and find themselves in a bad situation. Seeking legal assistance allows the student to understand the appeals process and act accordingly. Those wishing to appeal a decision should act promptly, as institutions often require notice of intent within a matter of days or weeks.
Attorney for Students Accused of Title IX Violations in Arizona
Attorney Joseph D. Lento understands that these actions can adversely impact a student's future plans. He will accurately assess the circumstances and evidence involved in this matter. He will then aggressively challenge the allegations and be sure your rights are protected in Arizona. Contact the office for a consultation at (888) 535-3686.
Arizona colleges and universities where Joseph D. Lento can help as your or your student's Title IX advisor during hearings, in addition to investigations and appeals, include, but are not limited to, the following schools:
- American Indian College of the Assemblies of God, Inc.
- Argosy University Phoenix
- Argosy University Phoenix Online Division
- Arizona Christian University
- Arizona College of Allied Health
- Arizona State University
- Arizona Western College
- Brown Mackie College Phoenix
- Brown Mackie College Tucson
- Central Arizona College
- Chamberlain College of Nursing Arizona
- Chandler/Gilbert Community College
- Cochise College
- Coconino Community College
- College America Flagstaff
- CollegeAmerica Phoenix
- Collins College
- DeVry University Arizona
- Dine College
- Eastern Arizona College
- Embry Riddle Aeronautical University Prescott
- Estrella Mountain Community College
- Everest College Phoenix
- Everest College Phoenix
- Fortis College Phoenix
- GateWay Community College
- Glendale Community College
- Golf Academy of America Chandler
- Grand Canyon University
- International Baptist College
- ITT Technical Institute Phoenix
- ITT Technical Institute Phoenix West
- ITT Technical Institute Tempe
- ITT Technical Institute Tucson
- Le Cordon Bleu College of Culinary Arts Scottsdale
- Mesa Community College
- Mohave Community College
- National Paralegal College
- Northcentral University Prescott
- Northern Arizona University
- Northland Pioneer College
- Paradise Valley Community College
- Phoenix College
- Pima Community College
- Prescott College
- Rio Salado College
- Sanford Brown College Phoenix
- Scottsdale Community College
- South Mountain Community College
- Southwest University of Visual Arts Tucson
- The Art Institute of Phoenix
- The Art Institute of Tucson
- Tohono O'Odham Community College
- University of Advancing Technology
- University of Arizona
- University of Phoenix Online Campus
- University of Phoenix Phoenix Hohokam Campus
- University of Phoenix Southern Arizona Campus
- Western International University
- Yavapai College
Winning a Title IX hearing can mean the difference between achieving one's academic and professional goals or having these goals upended. When accused of sexual misconduct, it is critical to not take the matter lightly and to instead vigorously defend against the allegations. Title IX cases can be won, and Joseph D. Lento has a decade of experience passionately fighting for the future of his clients at colleges and universities throughout the nation and winning. 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, 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 Title IX disciplinary cases in Arizona and throughout the nation. Make certain your or your student's interests are protected - Contact National Title IX attorney Joseph D. Lento today.
