When a complaint or allegation relating to a violation of Title IX provisions is received by the campus administration they are required to conduct an inquiry. These allegations, which may include actions of sexual misconduct, are typically taken seriously. The accused party will likely be subjected to a hearing that is held as part of the disciplinary process. At this hearing, the accused with have a chance to defend against the allegations. The designated campus staff is supposed to ensure the rights of all parties are protected; however, sometimes those accused find that this does not occur. The sanctions and penalties that may potentially be imposed can be harsh. Students facing such allegations should strongly consider consulting with legal counsel. Joseph D. Lento is a seasoned attorney that will aggressively defend the accused.
Understanding Title IX Rules
Educational institutions are unlikely to risk having their access to federal education funds revoked for not complying with Title IX requirements. Campus administrators who receive reported incidents involving sexual harassment, assault, or other related forms of misconduct are required to promptly investigate. If their findings reveal that the allegations have merit, the administration will begin their established disciplinary procedures. A division of the U.S. Department of Education known as the Office of Civil Rights is responsible for overseeing Title IX.
What to Expect in These Actions
Colleges and universities have some latitude in how they structure their Title IX disciplinary process. There are some guidelines that must be adhered to as follows:
- Policies should be documented in writing and accessible to all students
- These guidelines encompass alleged acts such as those of sexual misconduct against students, staff, and others on the campus
- All parties involved are able to submit evidence and witness testimony
- The process must be conducted in a “reasonably prompt time frame”
- All parties must be formally notified of rulings concurrently
What Sanctions May Be Imposed?
All potential sanctions and penalties that the administration may impose are documented in their annual safety report. Common sanctions include imposing a disciplinary probation period, a suspension, or dismissal from the university. An appeal of an adverse decision may be possible, but steps should be taken as early as possible in the disciplinary process to try to avoid such a step if at all possible.
Attorney Involvement
It is important to choose an attorney that is familiar with these types of disciplinary processes. Being prepared in these Title IX actions is very critical. Your attorney will review the complaint and relevant evidence as part of producing a comprehensive strategy for your defense. This may include gathering evidence that supports your defense such as from witnesses or expert testimony. This preparation will largely focus on drafting impactful statements and responses to the questions that are likely to be asked at the hearing.
How Does a Lawyer Help Me in the Hearing?
One of the critical benefits of retaining legal counsel in these matters is that you will be better prepared. It is important that you are able to deliver impactful opening and closing statements at the hearing. Based on the format of the hearing, there may be an opportunity to cross-examine adverse parties. Your lawyer will seek to ensure that you are treated fairly throughout the proceedings and are able to respond appropriately when unforeseen developments occur.
Kansas Attorney Effectively Represents Students in Title IX Defense
When facing potential sanctions that have long-term ramifications it is best to have sound legal assistance. Joseph D. Lento and the Lento Law Firm know how to effectively challenge these types of allegations in Kansas. Contact the office today for a consultation at (888) 535-3686.
- Allen County Community College
- Baker University
- Barclay College
- Barton County Community College
- Benedictine College
- Bethany College
- Bethel College North Newton
- Brown Mackie College Kansas City
- Brown Mackie College Salina
- Bryan University Topeka
- Butler Community College
- Central Baptist Theological Seminary
- Central Christian College of Kansas
- Cleveland Chiropractic College
- Cloud County Community College
- Coffeyville Community College
- Colby Community College
- Cowley County Community College
- Dodge City Community College
- Donnelly College
- Emporia State University
- Flint Hills Technical College
- Fort Hays State University
- Fort Scott Community College
- Friends University
- Garden City Community College
- Hesston College
- Highland Community College
- Hutchinson Community College
- Independence Community College
- ITT Technical Institute Wichita
- Johnson County Community College
- Kansas City Kansas Community College
- Kansas State University
- Kansas Wesleyan University
- Labette Community College
- Manhattan Area Technical College
- Manhattan Christian College
- McPherson College
- MidAmerica Nazarene University
- National American University Overland Park
- National American University Wichita
- Neosho County Community College
- Newman University
- North Central Kansas Technical College
- Ottawa University Ottawa
- Pinnacle Career Institute Lawrence
- Pittsburg State University
- Pratt Community College
- Salina Area Technical College
- Seward County Community College and Area Technical School
- Southwestern College
- Sterling College
- Tabor College
- The Art Institutes International Kansas City
- University of Kansas
- University of Phoenix Wichita Campus
- University of Saint Mary
- Vatterott College Wichita
- Washburn University
- Wichita Area Technical College
- Wichita State University
- Wright Career 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 disciplinary cases in Kansas and throughout the nation. Make certain your or your student's interests are protected - Contact National Title IX attorney Joseph D. Lento today.
