The U.S. Department of Education implemented Title IX rules in 1972 prohibiting sexually-based discrimination at U.S. educational institutions. Designated members of the university organization are assigned to investigate accusations such as those of sexual misconduct. Schools must obey Title IX guidelines or potentially jeopardize their eligibility for federal funds. When allegations are received, the school will likely hold a hearing about the matter. Those determined to be in violation may face unexpected changes to their academic plans when a suspension or dismissal from the university is ordered. Those accused of such violations should consider speaking with legal counsel. Joseph D. Lento is an attorney that has years of experience in assisting with student disciplinary defense.
Hearing Information
Federal guidelines allow educational institutions to create their own procedures for hearings. Hearings are not supposed to imitate civil or criminal court proceedings. An advisor may go together with the student to the hearing. Those accused who choose to have an attorney function in this role can expect significant benefits. Federal regulators have recently proposed a host of changes to Title IX guidelines, many of which are expected to be implemented in 2019.
Proving Allegations
When the original provisions of Title IX were completed they did not specifically explain what the burden of proof should be for proving allegations. The currently used standard is that allegations must be proven by a “preponderance of the evidence”. The recently suggested federal modifications suggest that institutions could contemplate using a “clear and convincing evidence” standard. Both of these alternatives are a lesser standard to satisfy than the “beyond a reasonable doubt” standard used in criminal matters.
How a Lawyer Will Help
Having seasoned lawyer support is likely to be beneficial in a variety of ways such as:
- Creating an overall strategy of defense including:
- Opening and closing statements that are clear and substantive
- The capacity to more confidently answer questions that you are likely to be asked
- Compiling solid evidence and possible expert testimony with supporting documentation
- Making sure that your rights are protected throughout the process
- A better capability of responding to unforeseen developments that may surface during the hearing
- In some instances, cross-examination of accusers and other adverse parties may be an option (when/if applicable)
- Proper leadership and emotional support
- Your attorney may enter negotiations with Title IX coordinators or other campus administrators at any time during the process
- The attorney will keep abreast on the proposed modifications to the guidelines
The Appeals Process
Often the accused student fails to fully understand that the sanctions that can potentially be levied are harsh and choose to simply represent themselves. It is best to speak with an attorney. Those who are unsuccessful will have the option of appealing. The process for an appeal differs depending on the individual policies of the institution. Having an attorney assist you with drafting a highly impactful document is critical. One key problem with the appeals process at most institutions is that the window of time for filing is usually very short.
Oregon Title IX Disciplinary Defense Lawyer
Attorney Joseph D. Lento and the Lento Law Firm have the skills and experience to effectively defend students in Title IX disciplinary actions in Oregon. The allegations and evidence will be properly analyzed with the goal of achieving the most favorable outcome. Students in need of these services are encouraged to contact the office for a consultation at (888) 535-3686.
- Blue Mountain Community College
- Central Oregon Community College
- Chemeketa Community College
- Clackamas Community College
- Clatsop Community College
- Columbia Gorge Community College
- Concordia University Portland
- Corban University
- DeVry University Oregon
- Eastern Oregon University
- Everest College Portland
- George Fox University
- Heald College Portland
- ITT Technical Institute Portland
- Klamath Community College
- Lane Community College
- Le Cordon Bleu College of Culinary Arts Portland
- Lewis & Clark College
- Linfield College McMinnville Campus
- Linn Benton Community College
- Marylhurst University
- Mount Angel Seminary
- Mt Hood Community College
- Multnomah University
- New Hope Christian College
- Northwest Christian University
- Oregon Coast Community College
- Oregon College of Art and Craft
- Oregon Institute of Technology
- Oregon State University
- Pacific Northwest College of Art
- Pacific University
- Pioneer Pacific College
- Portland Community College
- Portland State University
- Reed College
- Rogue Community College
- Sanford Brown College Portland
- Southern Oregon University
- Southwestern Oregon Community College
- The Art Institute of Portland
- Tillamook Bay Community College
- Treasure Valley Community College
- Umpqua Community College
- University of Oregon
- University of Phoenix Oregon Campus
- University of Portland
- University of Western States
- Warner Pacific College
- Western Oregon University
- Willamette 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 Oregon and throughout the nation. Make certain your or your student's interests are protected - Contact National Title IX attorney Joseph D. Lento today.
