Title IX was created to prevent sexually-based discrimination within educational institutions. Originally implemented in 1972 by the U.S. Department of Education, these requirements are enforced at most colleges and universities. Failing to comply potentially jeopardizes an institution's sources of federal education funding. When a student is alleged to have acted in a manner that constitutes a violation, such as those of sexual misconduct, the campus administration has a duty to investigate. Violators may face sanctions that include disciplinary probation, suspension or expulsion. Those facing such accusations are wise to consult with an attorney. The Lento Law Firm offers experienced defense for those in Title IX matters.
Investigation & Hearing
The administrative staff's investigation will gather evidence. Students who are accused are afforded an opportunity to defend themselves in a disciplinary hearing. These hearings do not have most of the legal formalities that are found in criminal or civil actions. The nature of these hearings may be changing in some ways based on some recently proposed changes to Title IX.
Proving These Violations
The standard of evidence that is currently employed is that the allegations must be proven by a “preponderance of the evidence”. The original provisions had not specified the burden of proof; therefore, this standard that is used in civil actions has since been adopted. Federal Title IX provisions have been proposed recently that would allow institutions to use the “clear and convincing evidence” standard. When attending disciplinary hearings, students have a right to be accompanied by an advisor. It is clear that having an attorney fill this role provides the student significant benefits.
Benefits of Having an Attorney
Legal representation can help a student in various aspects of their defense including:
- Being well prepared and having a broadly defined defense strategy
- That you will have strong opening and closing statements
- The ability to better respond to the questions that will likely be asked at the hearing
- Having solid evidence, with supportive documentation and possible expert input to present
- To maintain your rights to fairness throughout the process
- Better management of unexpected developments that are likely to arise during the hearing
- Taking advantage of potential opportunities for cross-examination of accusers and witnesses (if applicable)
- Emotional support and guidance as you navigate the process
- The attorney may enter negotiations with Title IX coordinators or other campus administrators
- Your attorney will keep abreast on the pending changes to the Title IX provisions
Will a Lawyer Help With an Appeal?
Some students accused of violations in these matters may take the process too lightly. A Title IX violation can severely impede your long-term educational plans. It is best to retain legal assistance when you are first made aware of the allegations. If an appeal is deemed necessary, however, having assistance from an attorney will certainly be of tremendous help in showing sufficient cause for the appeals process. Those wishing to appeal a decision should act promptly because educational institutions frequently require notice of intent within a matter of only days or weeks.
Lawyer Defends Students in Campus Title IX Disciplinary Actions in Kentucky
Joseph D. Lento is an attorney that maintains an excellent understanding of the many aspects of student disciplinary matters. He will review the specific circumstances and evidence that is the basis for the allegations. You deserve representation involving Title IX violations in Kentucky that will act according to your best interests. Students and parents who are in need of these services are encouraged to contact the office for a consultation at (888) 535-3686.
- Alice Lloyd College
- Asbury University
- Ashland Community and Technical College
- ATA College
- Beckfield College Florence
- Bellarmine University
- Big Sandy Community and Technical College
- Bluegrass Community and Technical College
- Brescia University
- Brown Mackie College Hopkinsville
- Brown Mackie College Louisville
- Brown Mackie College Northern Kentucky
- Campbellsville University
- Centre College
- Clear Creek Baptist Bible College
- Daymar College Bellevue
- Daymar College Bowling Green
- Daymar College Louisville
- Daymar College Louisville
- Daymar College Madisonville
- Daymar College Online
- Daymar College Owensboro
- Daymar College Paducah Main
- Daymar College Scottsville
- DeVry University Kentucky
- Eastern Kentucky University
- Elizabethtown Community and Technical College
- Gateway Community and Technical College
- Georgetown College Georgetown, Kentucky
- Hazard Community and Technical College
- Henderson Community College
- Hopkinsville Community College
- ITT Technical Institute Lexington
- ITT Technical Institute Louisville
- Jefferson Community and Technical College
- Kentucky Christian University
- Kentucky Mountain Bible College
- Kentucky State University
- Kentucky Wesleyan College
- Lincoln College of Technology Florence
- Lindsey Wilson College
- Madisonville Community College
- Maysville Community and Technical College
- MedTech College Lexington Campus
- Mid Continent University
- Midway College
- Morehead State University
- Murray State University
- National College Lexington
- Northern Kentucky University
- Owensboro Community and Technical College
- Saint Catharine College
- Simmons College of Kentucky
- Somerset Community College
- Southcentral Kentucky Community and Technical College
- Southeast Kentucky Community and Technical College
- Spalding University
- Spencerian College
- Spencerian College Lexington
- Sullivan College of Technology and Design
- Sullivan University
- Thomas More College
- Transylvania University
- Union College
- University of Kentucky
- University of Louisville
- University of Phoenix Louisville Campus
- University of Pikeville
- University of the Cumberlands
- West Kentucky Community and Technical College
- Western Kentucky University
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.
