Does your North Dakota high school child face Title IX allegations? If so, you might be wondering just what's next. You may have already received some overwhelming notices. Your school might not seem very helpful at this time.
Your school needs to protect its students from sexual misconduct. Your school also must protect accused students by giving them a fair trial. However, your school has incentives to speed up sexual misconduct investigations—and may not have the resources to provide your student with a fair trial.
It is vital that you get ready to act on behalf of your child. Your action now might be the difference between a favorable outcome and a rough (and unfair) future for your student.
What Is Title IX?
Title IX tends to be a term we think about in a very removed way. It crosses national media headlines, often in conjunction with a major university scandal. It may honestly seem like an abstract concept—one which would never darken your local high school's doors.
Title IX is a federal civil rights law, and part of the Education Amendments of 1972 (“Title IX”), 20 U.S.C. §1681 et seq. Title IX prohibits discrimination based on sex in federally funded K-12 schools, as well as postsecondary education. It's also grown to cover many cases of sexual misconduct. Even if your sexual misconduct case is not explicitly defined as a Title IX proceeding, it will likely bear many similarities to a Title IX case.
Unfortunately, these types of proceedings can happen in any location, no matter how small or remote. Local news stories prove this every day. In one recent case, a 14-year-old boy faced sexual assault charges after an incident wherein he allegedly followed a 16-year-old girl into a bathroom and attacked her.
In another chilling story, a group of North Dakota teenagers faced accusations of ‘playing' a rape game—targeting their victims in locker rooms, high school field trips, and in physical education class.
No high school student should face sexual misconduct. The reality is, very simply, that your student may find themselves involved in such a scenario. Any accusations, even if unwarranted, may follow your child for the rest of their lives.
Due Process in North Dakota High Schools: What's Next?
If your student faces sexual misconduct charges, you might wonder what will happen next. You can find your school's specific grievance procedures in your student's school handbook. There are some general steps that every school will take, however. For example, according to this North Dakota high school's code of conduct, you might be able to expect the following:
- An accuser must make a formal allegation of sexual misconduct against your child. This notice must go to your school's principal or your school's designated Title IX coordinator.
- Your school will form an investigative team.
- This investigative team will gather all evidence. This may include speaking with witnesses and gathering your student's historical academic data.
- In either an informal meeting or a formal hearing, your school will assess all evidence and decide as to punitive measures.
- Your school will notify your student in writing about this decision.
- Your student will have a short amount of time to appeal this decision.
Your student has protected rights during your school's investigative process. Since they may have an incentive to rush the investigation, your school may ignore these rights. Pay close attention to see if your school gives your student what they deserve.
Keeping Your North Dakota School Accountable to Your Child's Rights
To ensure that your child's Title IX or sexual misconduct investigation proceeds as fairly as possible, you need to make sure that your school affords your child with all of their rights.
In North Dakota high schools, these rights include:
- A presumption of innocence: Very literally, your student is innocent until proven guilty. Under Title IX, your school must give your student a written notification that this is the case.
- All proper notification: Your school must send you and your child written notice of the formal charges against your student, as well as an explanation of the evidence and your school's eventual ruling. Your student must also have the opportunity to ask any questions they may have during the investigative process.
- Fair and unbiased support: When your school notifies your child that they face sexual misconduct proceedings, they may offer you access to a school attorney. While this may seem like a kind gesture, it's one you should turn down. Your school's legal counsel will owe first loyalty to your school. If you tell them anything delicate or personal, they may not feel the need to keep that information private.
Once your student becomes aware that they face sexual misconduct charges, it is vital that your family seek legal advice or representation. An experienced legal advisor may make all the difference in your child's upcoming student discipline proceedings.
What an Experienced Title IX Attorney can Do for Your Family
If you're wondering what specific use a Title IX attorney or code of conduct advisor will present to your family, the answer is ‘a lot.' Depending on the proceedings your child faces, your advisor may be able to assist with:
- Any meetings that you and your child must attend
- Analysis of any evidence that comes to light, or interrogation of any witnesses that come forward
- Ensuring that your child receives fair treatment during the school's investigation
- Helping you put together a strategic defense
- Ensuring that your school affords your child all necessary rights
Ultimately, your advisor will insist upon fair treatment for your child. This might be a significant factor in whether or not your child's case results in a favorable outcome.
Joseph D. Lento is Ready to Fight for Your Child's Rights
For years, Joseph D. Lento has dealt with hundreds of student sexual misconduct cases throughout the nation. Whether your case faces adjudication via a hearing or investigative measures, he will work tirelessly to support a successful outcome for your child. Call the Lento Law Firm at 888-535-3686 or contact our team through the online form.
North Dakota high schools where Joseph D. Lento can help as your child's student's Title IX advisor during investigations, hearings and appeals include, but are not limited to, the following school districts:
A
- Adams Public School District
- Alexander Public School District
- Anamoose Public School District
- Apple Creek Public School District
- Ashley Public School District
B
- Bakker Public School District
- Baldwin Public School District
- Barnes County North School District
- Beach Public School District
- Belcourt Public School District
- Belfield Public School District
- Bell Public School District
- Berthold Public School District
- Beulah Public School District
- Billings Co Public School District
- Bisbee-Egeland Public School District
- Bismarck Public Schools
- Border Central Public School District
- Bottineau Public School District
- Bowbells Public School District
- Bowdon Public School District
- Bowline Butte Public School District
- Bowman Public School District
- Burke Central Public School District
- Butte Public School District
C
- Carrington Public School District
- Carrington Public School District
- Cass Valley N Public School District
- Cavalier Public School District
- Center Public School District
- Center-Stanton Public School District
- Central Cass Public School District
- Central Elem Public School District
- Central Valley Public School District
D
- Dakota Prairie Public School District
- Dakota Public School District
- Devils Lake Public School District
- Dickinson Public School District
- Divide County Public School District
- Dodge Public School District
- Drake Public School District
- Drayton Public School District
- Driscoll Public School District
- Dunseith Public School District
E
- Earl Public School District
- East Central School District
- Edgeley Public School District
- Edinburg Public School District
- Edmore Public School District
- Eight Mile Public School District
- Elgin Public School District
- Elgin-New Leipzig Public School District
- Ellendale Public School District
- Emerado Public School District
- Enderlin Public School District
- Eureka Public School District
F
- Fairmount Public School District
- Fargo Public Schools
- Fessenden Public School District
- Fessenden-Bowdon Public School District
- Finley-Sharon Public School District
- Flasher Public School District
- Fordville Public School District
- Fordville-Lankin Public School District
- Fort Ransom Public School District
- Fort Totten Public School District
- Fort Yates Public School District
G
- Gackle-Streeter Public School District
- Garrison Public School District
- Glen Ullin Public School District
- Glenburn Public School District
- Golden Valley Public School District
- Goodrich Public School District
- Grafton Public School District
- Grand Forks Public School District
- Granville Public School District
- Grenora Public School District
- Griggs County Central Public School District
H
- Halliday Public School District
- Hankinson Public School District
- Hannaford Public School District
- Harvey Public School District
- Hatton Public School District
- Hazelton-Moffit-Braddock Public School District
- Hazen Public School District
- Hebron Public School District
- Hettinger Public School District
- Hillsboro Public School District
- Horse Creek Public School District
J
- Jamestown Public School District
K
- Kenmare Public School District
- Kensal Public School District
- Killdeer Public School District
- Kindred Public School District
- Kulm Public School District
L
- Lakota Public School District
- LaMoure Public School District
- Langdon Area Public School District
- Lankin Public School District
- Lansford Public School District
- Larimore Public School District
- Leeds Public School District
- Lehr Public School District
- Lewis and Clark Public School District
- Lidgerwood Public School District
- Linton Public School District
- Lisbon Public School District
- Litchville Public School District
- Litchville-Marion Public School District
- Little Heart Public School District
- Lone Tree Public School District
M
- Maddock Public School District
- Mandan Public School District
- Mandaree Public School District
- Manning Public School District
- Mantador Public School District
- Manvel Public School District
- Maple Valley Public School District
- Mapleton Public School District
- Marion Public School District
- Marmarth Public School District
- May-Port CG Public School District
- McClusky Public School District
- McKenzie Co Public School District
- McKenzie Public School District
- Medina Public School District
- Menoken Public School District
- Midkota Public School District
- Midway Public School District
- Milnor Public School District
- Milton Public School District
- Minnewaukan Public School District
- Minot Public School District
- Minto Public School District
- Mohall Public School District
- Montefiore Public School District
- Montpelier Public School District
- Mott Public School District
- Mott-Regent Public School District
- Mt Pleasant Public School District
- Munich Public School District
N
- Napoleon Public School District
- Nash Public School District
- Naughton Public School District
- Neche Public School District
- Nedrose Public School District
- Nesson Public School District
- New Leipzag Public School District
- New Public School District
- New Rockford Public School District
- New Rockford-Sheyenne Public School District
- New Salem Public School District
- New Town Public School District
- Newburg-United Public School District
- Newport Public School District
- North Border Public School District
- North Central Public School District
- North Central Public School District
- North Sargent Public School District
- North Shore Public School District
- Northern Cass Public School District
- Northwood Public School District
O
- Oakes Public School District
- Oberon Public School District
- Oriska Public School District
- Osnabrock Public School District
P
- Page Public School District
- Park River Public School District
- Parshall Public School District
- Pembina Public School District
- Pettibone-Tuttle Public School District
- Pingree-Buchanan Public School District
- Plaza Public School District
- Pleasant Valley Public School District
- Powers Lake Public School District
R
- Reeder Public School District
- Regan Public School District
- Regent Public School District
- Rhame Public School District
- Richardton Public School District
- Richardton-Taylor Public School District
- Richland 44 School District
- Robinson Public School District
- Rolette Public School District
- Roosevelt Public School District
- Rugby Public School District
S
- Salund Public School District
- Sargent Central Public School District
- Sawyer Public School District
- Scranton Public School District
- Selfridge Public School District
- Sheets Public School District
- Sheldon Public School District
- Sherwood Public School District
- Sheyenne Public School District
- Sims Public School District
- Solen Public School District
- Southern Public School District
- Spiritwood Public School District
- Stanley Public School District
- Stanton Public School District
- Starkweather Public School District
- Steele-Dawson Public School District
- Sterling Public School District
- Strasburg Public School District
- Surrey Public School District
- Sweet Briar Public School District
- Sykes Public School District
T
- Tappen Public School District
- Taylor Public School District
- TGU Public School District
- Thompson Public School District
- Tioga Public School District
- Turtle Lake-Mercer Public School District
- Tuttle-Pettibone Public School District
- Twin Buttes Public School District
U
- Underwood Public School District
- Union Public School District
- United Public School District
- Upham Public School District
V
- Valley City Public School District
- Valley Public School District
- Velva Public School District
- Verona Public School District
W
- Wahpeton Public School District
- Walhalla Public School District
- Warwick Public School District
- Washburn Public School District
- West Fargo Public School District
- Westhope Public School District
- White Shield Public School District
- Wildrose-Alamo Public School District
- Williston Public School District
- Willow City Public School District
- Wimbledon-Courtenay Public School District
- Wing Public School District
- Wishek Public School District
- Wolford Public School District
- Wyndmere Public School District
Y
- Yellowstone Public School District
Z
- Zeeland Public School District
It is critical to make certain the Title IX investigation at your child's North Dakota high school is handled properly and that the accused student's interests and rights are protected from as early as possible during the sexual misconduct investigative process. One major reason is because even at high schools where a finding of responsibility for sexual misconduct charges is made at a hearing, the investigation will set the stage for what the hearing panel is provided prior to a hearing (and what the hearing panel will in large part rely on at a hearing), and at high schools where the finding of responsibility is made solely through the investigative process, what takes place during the investigation itself will determine whether the accused student is found responsible or not responsible for Title IX charges.
Unfortunately, some parents make the mistake of not taking the necessary precautions as soon as possible when accused of sexual misconduct. Some people will mistakenly believe that if they "just explain what happened," their school will be fair and impartial and will arrive at the truth. In a perfect world this may be the case, but in a perfect world, sexual misconduct allegations and Title IX charges would not exist.
Fighting passionately for the future of his clients at schools throughout the nation for many years, Joseph D. Lento knows how important it is to mount the strongest defense because he understands that an accused high school student's academic future is on the line. 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 and New York, 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 attorney advisor to high school students facing sexual misconduct investigations and disciplinary cases in North Dakota and throughout the nation. Make certain your or your student's interests are protected - Contact National High School Title IX Attorney Joseph D. Lento today at 888-535-3686.
