There are few things as serious as sexual misconduct, assault, or harassment. Your Montana school will have stark regulations, including Title IX policies, that reflect this severity.
Under Title IX, a federal civil rights law under the Education Amendments of 1972 (“Title IX”), discrimination due to sex is prohibited in all American schools that accept government funding.
This is the majority of schools in the United States. (Even private schools want to remain eligible for funding.) As a result of Title IX regulations, most schools have highly complex rules and harsh investigatory systems that come into play after an allegation of sexual misconduct.
If you're an employee of your MT college or university — from professors and administration to lab techs, security workers, and even student teachers — you need to know about this.
One allegation of sexual misconduct, and you could be the center of a Title IX investigation. Your future could be filled with formal hearings, a destroyed reputation, and more difficulty getting another job than you can imagine.
Fortunately, the Title IX experts at the Lento Law Firm are ready to help you protect your rights, job, and future.
Who Does Title IX Apply To?
As a federal civil rights law established under an Educational Amendment, Title IX applies to all students and all employees belonging to an academic community. Title IX applies to you if you're a part-time or full-time worker, an administrator or an assistant, a coach, or a high-up faculty member.
No one is above disciplinary actions associated with Title IX.
Title IX covers a range of prohibited sexual misconduct actions, such as:
- Stalking
- Dating violence
- Domestic or intimate partner violence
- Sexual assault (including rape and incest)
- Sexual harassment
In some academic communities, the list of included actions can be much longer. Checking your Montana school's policies for an itemized list is a good idea.
How Will Title IX Work at My Montana School?
If someone at your school believes you may be associated with sexual misconduct, they will go to your school's designated Title IX Coordinator and make an allegation against you.
Under Title IX, your school must investigate all serious Title IX allegations. Unfortunately, because being associated with a Title IX investigation doesn't look great for anyone, including your university, your university's administration may handle your case overzealously.
This doesn't mean that your school is prepared to handle the investigation properly.
You must ensure that you know and can protect your due process rights throughout your school's Title IX investigation and related actions.
The Title IX process will include the following components:
- A formal notification. Once your school has decided to initiate action against you, the Title IX coordinator must send out notifications to the main people involved in the case (e.g., you and other respondents). In this notification, your school should communicate the alleged violations, the complainant's identity, the next steps in your case, and the sanctions you may face. At this time, you need to retain an experienced Title IX advisor. Cases are often won or lost very quickly, so the sooner you have a professional at your side, the better.
- An investigation. Your school will then take some time to learn more about what allegedly occurred. This will include a series of intense meetings with you, with the accuser, and with any relevant witnesses. Your school will also compile as much evidence as possible to glean information about your alleged actions.
- A hearing. In most cases, your school will hold a meeting, or a hearing, to review all of the evidence and decide your responsibility for the alleged actions. You will have the right to representation by your advisor, and you will also be able to cross-examine the witnesses (including the accuser). If you and your advisor have your own evidence, you will be able to introduce it. At the end of this hearing, your school will issue a decision. The decision-maker must find that you are more likely than not responsible for the alleged misconduct.
- Appeals. Fortunately, that's not where the process ends. You can file an appeal if your school decided that you were (more likely than not) responsible for the cited allegations and recommended sanctions. In some select circumstances — e.g., if there is new evidence in the case, or your school made a demonstrable mistake during due process — your school may hear an appeal and reconsider your sanctions. You'll have limited time to file this appeal, and your school's decision after it will be final.
Finally, if it seems that you've exhausted all avenues of relief, ask your Title IX advisor to negotiate directly with your school's office of general counsel on your behalf.
Here's Exactly How a Title IX Advisor Can Help You Move Forward
Whether you're a coach, a professor, or a professional in maintenance or administration, being involved in a Title IX investigation can harm any future you have in the academic world.
In fact, after your investigation, it may be hard to get employed anywhere, ever again. Not only will your Montana university fire you: You'll carry the weight of that Title IX accusation for the rest of your career.
It doesn't matter if you're innocent.
It only matters that your reputation is tarnished.
If you're looking for a way out of your current Title IX predicament, you need a seasoned Title IX advisor to help you pull together a strong defense. The world of Title IX regulations is complex, and your school's procedures will be complicated. Joseph D. Lento, an experienced Title IX advisor, can help you examine evidence, prepare for hearings, file appeals, and more.
For years, Joseph D. Lento and his skilled team have helped university and college employees across the country navigate Title IX processes. Whether you're a high-up in your MT school's administration or an RA or TA, he can help you.
Call the Lento Law Firm today at (888) 535-3686, or contact us to learn more about how we can serve you.
