In compliance with federal law Title IX, colleges and universities must adjudicate all complaints of sexual misconduct - whether it be sexual assault, sexual harassment, dating violence etc. - that must be committed by and/or against students and staff. An investigation is an important part of the administrative process higher education institutions use to determine whether Title IX and other related school policies have been violated.
In many ways, Title IX investigations bear resemblances to criminal investigations. But there are significant differences. For one, a Title IX investigation won't determine guilt or innocence in respect to any federal, state, or local law, nor is this process restricted by legal regulations and stipulations. Instead, Title IX investigations conclude with a “finding” that dictates whether a respondent is “responsible” or “not responsible” for a violation.
Based on this finding, a school will have wide discretion as to how the complaint will be resolved. Depending on the egregiousness of the allegations, respondent students may be subjected to sanctions that involve suspension or expulsion.
The Role of an Advisor
People who report allegations (complainants) and individuals who respond to these allegations (respondents) who participate in the Title IX investigation process are extended the right to choose a person to serve as their advisor. Both parties will undoubtedly need assistance navigating the oftentimes complex and overwhelming investigation process. Choosing the right advisor can make all the difference in your case outcome.
The Benefits of Choosing an Attorney as Your Title IX Advisor
Although respondents are allowed to choose anyone as your advisor, it is imperative you consider selecting an attorney. An effective advisor is one who understands the ins and outs of the process and knows where they fit in this process. An experienced Texas Title IX advisor has likely been through this process many times and will know if your rights are being properly exercised and protected.
Title IX Process
Here's a general overview of how the Title generally works in Texas colleges and universities:
- A complaint is filed: colleges encourage all members of their community to report all rumored, witnessed, or experienced instances of alleged sexual misconduct. A complaint can be filed by virtually anyone, including "victims," spectators and mandatory reporters.
- Interim measures: when a school receives a complaint, its primary concern is the safety of a complainant and the campus community. In some circumstances, the college may deem is necessary to impose interim measures that severely limit the interactions of a respondent and a complainant.
- The investigation: an investigation will be carried out by the school. Complainants, respondents, witnesses, and other relevant parties will be interviewed to gather information. Based on the facts, the investigator(s) will come up with a finding.
- Hearing: at schools where Title IX sexual misconduct charges are decided at a hearing, this is the last opportunity for both sides to tell their side of the story. A panel will listen to testimony, witness accounts, and final statements. After deliberation, the panel will come up with a determination and recommended sanctions.
- Sanctions: if a hearing panel indicates that a respondent is "responsible" for a Title IX violation, sanctions like an intervention, treatment, suspension, or expulsion will be imposed.
- Appeals: any party who feels dissatisfied with the outcome of an investigation can file an appeal. It's basically a request for a school to reconsider its decision due to an error.
Texas Title IX Advisor
If you attend a Texas college or university and are facing sexual misconduct allegations, it is crucial you contact an attorney. Skilled legal professional Joseph D. Lento has extensive experience advising people who have been in your shoes. Contact him today for help.
Texas colleges and universities where Joseph D. Lento can help as your or your student's Title IX advisor during sexual misconduct investigations (and also hearings and appeals) include, but are not limited to, the following schools:
- Abilene Christian University
- Alvin Community College
- Amarillo College
- American InterContinental University Houston
- Angelina College
- Angelo State University
- Argosy University Dallas
- Arlington Baptist College
- Austin College
- Austin Community College District
- Baptist Missionary Association Theological Seminary
- Baptist University of the Americas
- Baylor University
- Blinn College
- Brazosport College
- Brookhaven College
- Brown Mackie College San Antonio
- Career Point College
- Cedar Valley College
- Central Texas College
- Chamberlain College of Nursing Texas
- Cisco College
- Clarendon College
- Coastal Bend College
- College of Biblical Studies Houston
- College of the Mainland
- Collin County Community College District
- Commonwealth Institute of Funeral Service
- Concordia University Texas
- Court Reporting Institute Wheeler Institute of Texas
- Culinary Institute Inc.
- Dallas Baptist University
- Dallas Christian College
- Dallas Institute of Funeral Service
- Del Mar College
- DeVry University Texas
- East Texas Baptist University
- Eastfield College
- El Centro College
- El Paso Community College
- Everest College Arlington
- Everest College Dallas
- Everest College Fort Worth
- Everest College Fort Worth South
- Frank Phillips College
- Galveston College
- Grayson County College
- Hardin Simmons University
- Hill College
- Houston Baptist University
- Houston Community College
- Howard College
- Howard Payne University
- Huston Tillotson University
- International Academy of Design and Technology San Antonio
- ITT Technical Institute Arlington
- ITT Technical Institute Austin
- ITT Technical Institute DeSoto
- ITT Technical Institute Houston North
- ITT Technical Institute Houston West
- ITT Technical Institute Richardson
- ITT Technical Institute San Antonio
- ITT Technical Institute Waco
- ITT Technical Institute Webster
- Jacksonville College Main Campus
- Jarvis Christian College
- KD Conservatory College of Film and Dramatic Arts
- Kilgore College
- Lamar Institute of Technology
- Lamar State College Orange
- Lamar State College Port Arthur
- Lamar University
- Laredo Community College
- Le Cordon Bleu College of Culinary Arts Austin
- Le Cordon Bleu College of Culinary Arts Dallas
- Lee College
- LeTourneau University
- Lon Morris College
- Lone Star College System
- Lubbock Christian University
- McLennan Community College
- McMurry University
- Midland College
- Midwestern State University
- Mountain View College
- National American University Austin
- Navarro College
- North American College
- North Central Texas College
- North Lake College
- Northeast Texas Community College
- Northwest Vista College
- Northwood University Texas
- Odessa College
- Our Lady of the Lake University San Antonio
- Palo Alto College
- Panola College
- Paris Junior College
- Paul Quinn College
- Prairie View A & M University
- Ranger College
- Remington College Dallas Campus
- Remington College Fort Worth Campus
- Remington College Houston Campus
- Remington College Houston Southeast Campus
- Remington College North Houston Campus
- Rice University
- Richland College
- Saint Edward's University
- Sam Houston State University
- San Antonio College
- San Jacinto Community College
- Sanford Brown College Dallas
- Sanford Brown College Houston
- Sanford Brown College Houston North Loop
- Sanford Brown College San Antonio
- Schreiner University
- South Plains College
- South Texas College
- South University The Art Institute of Dallas
- South University The Art Institute of Fort Worth
- Southern Methodist University
- Southwest Career College
- Southwest Collegiate Institute for the Deaf
- Southwest Texas Junior College
- Southwestern Adventist University
- Southwestern Assemblies of God University
- Southwestern Christian College
- Southwestern University
- St Philip's College
- St. Mary's University
- Stephen F Austin State University
- Sul Ross State University
- Tarleton State University
- Tarrant County College District
- Temple College
- Texarkana College
- Texas A & M International University
- Texas A & M University College Station
- Texas A & M University Commerce
- Texas A & M University Corpus Christi
- Texas A & M University Galveston
- Texas A & M University Kingsville
- Texas A & M University Texarkana
- Texas Christian University
- Texas College
- Texas Lutheran University
- Texas Southern University
- Texas State Technical College Harlingen
- Texas State Technical College Waco
- Texas State Technical College Marshall
- Texas State Technical College West Texas
- Texas State University
- Texas Tech University
- Texas Wesleyan University
- Texas Woman's University
- The Art Institute of Austin
- The Art Institute of Houston
- The Art Institute of San Antonio
- The College of Saint Thomas More
- The University of Texas at Arlington
- The University of Texas at Austin
- The University of Texas at Brownsville
- The University of Texas at Dallas
- The University of Texas at El Paso
- The University of Texas at San Antonio
- The University of Texas at Tyler
- The University of Texas Health Science Center at San Antonio
- The University of Texas of the Permian Basin
- The University of Texas Pan American
- Trinity University
- Trinity Valley Community College
- Tyler Junior College
- University of Dallas
- University of Houston
- University of Houston Downtown
- University of Houston Victoria
- University of Mary Hardin Baylor
- University of North Texas
- University of Phoenix Austin Campus
- University of Phoenix Dallas Campus
- University of Phoenix Houston Campus
- University of Phoenix San Antonio Campus
- University of St Thomas
- University of the Incarnate Word
- Vernon College
- Vet Tech Institute of Houston
- Victoria College
- Virginia College Austin
- Wade College
- Wayland Baptist University
- Weatherford College
- West Texas A & M University
- Western Texas College
- Wharton County Junior College
- Wiley College
It is critical to make certain the Title IX investigation at your college or university is handled properly and that the accused student's or employee's interests are protected from as early as possible during the sexual misconduct investigative process. One major reason is because even at 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 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 is found responsible or not responsible for Title IX charges.
Unfortunately, some students, families, and college employees 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 and Title IX charges would not exist.
Fighting passionately for the future of his clients at universities and colleges throughout the nation for a decade, Joseph D. Lento knows how important it is to mount the strongest defense because he understands that an accused's academic and professional 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, 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 sexual misconduct investigations and disciplinary cases in Texas and throughout the nation. Make certain your or your student's interests are protected - Contact National Title IX attorney Joseph D. Lento today.
