Title IX - False Accusations

When you enrolled at your school, you likely had a lot of high expectations for your time at university. You wanted to get good grades; you wanted to enjoy friendships and social events with people your age; you wanted to work hard and achieve your degree without any drama or complications.

For a while, it seemed that everything was going well. Then, out of nowhere, someone accused you of sexual misconduct.

Maybe it was a miscommunication or a mistake; maybe it was completely out of the blue—but the net result is the same: You're innocent, you're in trouble, and you don't know what to do.

This is not a great situation to be in, and it's certainly not one you did anything to deserve. However, now, it's your job to make sure that you manage it in the best way possible—for your mental health, for your future academic or career potential, and for the sake of your good name.

Take a deep breath, remind yourself that there are things you can do to make your situation better, and seek competent, strategic help. At the Lento Law Firm, we're here to ensure that your future remains bright—no matter what unfair accusations have been levied your way.

Natural Responses to a False Title IX Accusation

First, it's important to realize that it's okay—expected, even—to feel like you've gotten the short end of the stick. Finding out that you're the innocent victim of a baseless Title IX allegation can be a shock. Worse, it's one that could impact your entire life if you don't take immediate action.

You need to give yourself time and space to deal with your emotions in a healthy (and harmless) manner. You don't want to bottle up your feelings. On a very practical level, this could cause you to act out later in a non-strategic way.

After you've learned about your Title IX accusation, you might experience any of the following feelings:

• Anger. Particularly if the complainant (or the person who's accusing you of untoward behavior) is a friend, you might feel the need to retaliate. You might feel irritable or frustrated. You'll need to find a safe way to vent or work through any of these emotions without contacting the complainant or confiding in the wrong people. Your legal advisor may be able to assist with sourcing counseling options.
• Fear. You might instantly be afraid about what your false Title IX accusation might mean for your future. You might fear uncertainty, you might fear how people will perceive you, you may fear that you'll merit retaliation from people close to the complainant or unfair repercussions from your school.
• Loneliness: After you find out that you're the target of false sexual misconduct accusations, you may find that you feel like you're completely alone. The fact that you need to avoid confiding in certain people about the alleged incident doesn't help, but it might feel like your support systems are weaker or nonexistent for many reasons. Even though you're innocent, you may subconsciously feel like this situation is ‘your problem' to deal with. You might feel embarrassed. You might not know how to talk about this, when you can, and your friends might be awkward around you.

Even if you don't feel any of these unpleasant (but completely understandable) emotions, it's likely that you'll experience changes to your daily life that you don't like. It may be difficult for you to pay attention to your studies. Your peers may ostracize you. You might even have a hard time relaxing, sleeping, or sustaining healthy habits. These side effects of your false accusation can be completely overwhelming—and you might not know where to turn.

At the Lento Law Firm, we're here for you. Let us help you manage your relationship with your support systems safely, in a way that doesn't pose a threat to your investigation or your future.

What Is a Title IX Offense?

Title IX is a federal civil rights law that the United States government passed as part of the Education Amendments of 1972. Its goal is to protect students at public schools in the nation from discrimination based on sex. It also has protections and procedures in place for investigating other forms of sexual misconduct, including sexual assault. If your school receives funding from the United States government, it must follow Title IX regulations or risk losing that funding.

Your school likely has a Title IX compliance policy that's part of your school's code of conduct. This should be freely available on your school's website or part of your student handbook. In addition, your school should have a named Title IX Coordinator who serves as the central point of contact for most Title IX allegations. Since Title IX regulations tend to change from time to time (for example, when administrations change), there's a good chance that your school also has a more general sexual misconduct policy. Depending on the nature of your false accusation, your school may handle your alleged offense under one or both policies. Functionally, your experience as an accused student should remain constant; however, there are times that a school's policies directly contradict each other. There are other cases in which your school will adjudicate your case under the wrong policy. This is one reason why working with a knowledgeable advisor is key; they'll be able to look at your school's guidelines and documents to determine whether you're receiving fair and appropriate treatment.

Examples of punishable misconduct

The specific actions that your school considers punishable as sexual misconduct may be unique to your school. For this reason, it's a good idea to check out your school's code of conduct or student handbook to learn more about prohibited actions. There are common actions that most schools will prohibit. These include:

• Rape
• Dating or domestic violence
• Stalking
• Distribution of sensitive photos or other media
• Stalking
• Any form of sexual assault
• Incest

However, the specific definition of sexual misconduct can change over time. It's therefore likely that your school will provide a few examples of unacceptable behavior followed by a more overarching statement that gives your school the ability to judge on a case-by-case basis what constitutes sexual misconduct. Your legal advisor will have experience handling these cases and will know how to handle a good defense for your specific accusation.

Examples of typical school disciplinary measures

Just as the definition of sexual misconduct can change over time, the list of associated punishments can be a moving target. In some cases, your school may add elements to the punishment that are specific to the alleged crime; for example, forcing you to find different housing arrangements or forbidding you from participating in a certain activity for a period of time.

The most common immediate punitive measures that your school will likely consider include:

• Probation
• Expulsion
• Mandatory counseling
• Reparations due to the accuser
• Community service

As sexual misconduct is a severe offense, your school may rush to mete out a harsh punishment. Expulsion is a frequent option that schools choose in cases like this—making it vital that you fight for your rights immediately. It's unfair, but your false Title IX or sexual misconduct allegation could result in your losing your spot at your school, necessarily throwing a wrench in your longer-term academic plans.

Pressure to Adjudicate: Your School and Title IX

In many types of misconduct situations - criminal proceedings, or some academic incidents - there are specific safeguards in place that bestow rights upon the accused. In some cases, the accused is innocent until proven guilty. Unfortunately, in many Title IX cases, respondents may not have those rights—or schools may state that they do, but in reality, no one holds schools accountable to those systems. Complicating the matter further is the fact that public schools in the United States need to comply with Title IX guidelines in a timely manner. This creates a situation where your school is aware that they need to pursue a conclusion to your case, fast—making the easy option of siding with your accuser all the more attractive.

This is a problem. As a Title IX respondent, that places you at a distinct disadvantage. In addition, you may find that your school does not require comprehensive proof of your alleged misdeeds prior to slapping you with harsh punishment. Typically, all your school (or the complainant) needs to do is demonstrate or suggest that your apparent guilt is more likely than your innocence. Often, in situations where there isn't much proof or any reliable witness statements, this low standard of evidence makes it much easier for an accuser to make a convincing case against you.

The constantly-changing consent and sexual misconduct culture is not necessarily helping. Many schools across the nation are making changes to keep their students safe from sexual misconduct—and many resultant policy changes are making it easier to file a false accusation. More and more, the charged, high-stakes nature of topics like consent and sexual assault are creating an environment in which the actual truth of the matter is inconsequential. If someone makes an allegation against you, many people will simply assume that it's true.

Your first goal is to make it very difficult for your school to make a similar assumption and act on it. Your second goal is to take positive steps to repair the damage made to your reputation. A seasoned, strategic defense attorney will be an invaluable aid for both parts of this plan.

Evidence in a Title IX Investigation: Do Hearsay and Rumors Count?

You're a young student falsely accused of sexual misconduct. While there are formal Title IX allegations against you, you're perfectly aware of your innocence. You might wonder: What kind of evidence will the complainant use to bolster their case? Nothing happened—or whatever did happen was very clearly a miscommunication or mistake. How is your accuser going to paint you as the perpetrator of a serious crime?

As we noted above, Title IX complaints and their associated investigative and adjudicative processes simply have a lower standard of proof than other punitive procedures. During your investigation, the people seeking to learn more about what happened may complete any of the following activities:

• Interviewing the complainant
• Interviewing you
• Questioning anyone who might have witnessed the alleged incident
• Reviewing your disciplinary record at your school
• Collecting and reviewing even tangentially-related evidence, including texts, emails, images, and other documents

Unfortunately, as this procedure unfolds, you might have to face an unpleasant truth: People lie. This can be particularly damaging in a Title IX investigation, as witness or accuser testimony can often be the only evidence that your school's disciplinary committee has to work with.

Since this lack of helpful information can make pursuing a quick, easy end to Title IX proceedings difficult, schools often allow types of evidence that would never work in court to influence their decision. These lower-quality types of evidence, such as rumors or hearsay, can stack up against a Title IX respondent easily.

The Impact of False Accusations: What's Truly at Stake

Misconduct allegations may seem inconsequential at the time. More than that, it's often easy to focus on surviving only the short-term stressors that accompany a false accusation. However, it's the long-term ramifications of a sexual misconduct allegation that can be the most impactful.

Even when these accusations are false, they can damage your reputation. They can make managing your career difficult. They can close doors for you that would have been open. They can influence interviewers against you and even cause you to lose your job in the future. You stand to lose internships, externships, scholarships, financial aid, educational and career opportunities, and even your relationships. Sometimes, these school-initiated disciplinary charges and procedures can bring along a good deal of financial fees and associated stress.

In other words, there's a very high cost to even false allegations. The fact that you're innocent won't matter as much as it should; there are some people who won't work to understand what really happened.

That's what makes getting to work very important. Working with a student defense lawyer to generate a defense strategy will be vital.

Navigating Tough Conversations: Now and Later

Once you're able to start talking about what happened with close friends and family, you might find that you have no idea what to say. Further down the road, you'll realize that prospective employers, scholarship boards, admission committees, and other interested parties will ask you, over and over, to justify or explain what happened.

Here, you may run into a few roadblocks. You may find that your friends don't understand the gravity of your situation, for example. This may make you feel alone and defensive. Your parents may not get that your entire future is truly at stake. They may not know what to do, either, and they may not understand that acting quickly is of the utmost importance.

You'll also run into people who won't believe that you were innocent—or people who you'll need to convince of your innocence. These may include future employers. It will be crucial for you and your future to, firstly, take care of your misconduct allegations in the best possible way right now, before they blow out of proportion. Then, it'll be important for you to work closely with your student defense advisor to learn how best to describe your non-involvement in the alleged incident in the future.

While it's tempting to hope that your collegiate false Title IX allegation will blow over eventually, in many ways, news of your connection with these allegations could always be one internet search or phone call away. Even though these are false allegations, there's nothing to stop someone connected to the event from stepping forward in decades to try to interfere with any professional success you may be enjoying.

Don't do that to your future self. You're in a bad situation, but doing nothing will make it worse. Team up with an experienced student misconduct attorney today to take the best steps forward for your future.

What to Do After a False Allegation

It's easy to go into shock once you find out that your school suspects you of sexual misconduct. Luckily, the list of things you need to do immediately is short. Long-term, it'll be more about managing your reputation effectively and navigating the unfortunate aftermath of your false accusation. After you learn about your allegations, you'll need to wade through the disadvantages of your situation as effectively as possible. Take these steps as soon as you can after your university notifies you of your situation:

1. Reach out to a qualified student defense attorney. Your future is at stake—it's time to trust a professional to help you protect it. A knowledgeable advisor can assist with the complicated process before you. Seek one that has lots of experience managing similar cases; they'll have detailed knowledge of the strategies that work best in these situations.
2. Gather as much evidence you can about what happened. You know that the allegations against you are false—find information that backs up your story. Your job is to make it as difficult as possible for your college to ignore the fact that you're innocent. Put together a timeline of events, put all of the information about your activities and whereabouts in one place, and look over it with your legal advisor to help determine your strategy.
3. Find your school's code of conduct. Your school should have a specific Title IX policy or sexual misconduct procedure freely available to all members of its academic community. Find that document and read it. Look for your school's disciplinary due process guidelines as well. While your school may not always toe the line with respect to each of its policies, it's good to know what's supposed to happen. This can help you hold your school accountable to your rights as a Title IX respondent, and (if necessary) it can help you set the scene for an appeal later on.
4. Take precautions for as long as necessary. Your Title IX investigation might be a long process. It's easy to get fatigued and become lax with your strategy. Talk to your student defense attorney to make sure that you're taking the correct precautions - e.g., avoiding talking to people from your school, people related to the complainant, avoiding certain public activities - for the proper amount of time. This may seem like an unfair burden for you to shoulder, but you don't want to make your own life more difficult than it needs to be.
5. Manage your mental health. There are many unpleasant or damaging emotions that tend to accompany a false accusation—and, since many of your support systems are crumbling, it's easy to bottle up those feelings. Talk to your trusted advisor or select personal contacts (e.g., your family or roommates) about finding safe, effective counseling options during this time.
6. Be proactive about reputation management. While any short-term punitive measures you may net (for example, probation, changes in housing options, fees, or strained relationships) will be unpleasant enough, you'll need to focus on your long-term reputation as soon as possible. Your attorney-advisor may have suggestions about the types of image-building activities to pursue, as well as good strategies to help you craft a productive, reputation-saving narrative around the event.

When you find that a member of your community has falsely accused you of sexual misconduct, it's easy to get overwhelmed by the flood of undeserved life changes that hit you, all at the same time. It's important to realize that you do need to act fast to protect yourself and your future. However, you don't have to do it alone. An experienced defense advisor can help you navigate the difficulties ahead as strategically as possible.

How a Student Defense Advisor Can Help You

You didn't do anything wrong. There shouldn't be any evidence that paints you in a bad light. There's nothing to defend yourself against—so why would you choose to work with a professional attorney to manage your case? This might seem like overkill or an overreaction. You might worry that people will assume you're guilty if you lawyer up. Your school might also offer you a school-employed advisor, which can also seem like a simple, attractive option.

Trust us: the last thing you should do is try to ‘go it alone' at this complicated time. A close second-to-last option would be trusting the advisor that your school offers you. Remember, these allegations have placed you in an adversarial position with your school. Any entity that works for your school will be loyal to your school, often to your detriment.

Your school may not allow you to have an attorney actively representing you, but you will likely be able to have a legal advisor present to assist with your strategy during your Title IX hearing and investigation. An experienced Title IX or sexual misconduct attorney will be well worth it as an advisor during your case. Here's why:

• A student defense attorney will be up-to-date on Title IX regulations and collegiate guidelines. As administrations change and as the culture continually shifts, Title IX recommendations and interpretations change constantly. It can be very difficult to know what the current policies state, especially if you're not familiar with interpreting dense legal documents. Your attorney-advisor will understand these rules clearly. They'll also go through your school's disciplinary procedures with a fine-tooth comb to help you make the best choices possible about your specific defense.
• Your legal advisor will know how to work within your school's system. College disciplinary investigations are a unique type of proceeding. They're not criminal defense cases, and they're not administrative or civil cases, but they do resemble both in some ways. If you work with an attorney, you'll have someone who has received formal training in these types of cases on your side. They'll know how to interpret your school's rules and how to work within that structure towards a successful end.
• Your legal advisor will help hold your school accountable for your rights. While the standard of evidence for a Title IX investigation is low and respondents might not have all the rights that an accused party in a different case might enjoy, your school's documentation should afford you some protections or have guidelines to ensure that you receive a fair trial. The trick, of course, is making sure that your school sticks to its own rules. If you're working by yourself, your school might feel like they can get away with a lot more than they can if there's a legal mind in the room.

Your attorney will also bring the benefit of years of experience to your case. While you're preparing your defense, they'll ask you lots of questions. Your answers may reveal ways that your school has dropped the ball, ways that your accuser messed up, or other actions that you can take advantage of to pursue a favorable outcome.

Through these questions, your attorney may seek to learn more about:

• How quickly your school notified you about your sexual misconduct accusations or Title IX allegations
• Whether your school advised you of your rights as a Title IX respondent
• Whether your school invited you to and held any meetings at which school investigators were present prior to your advisor's involvement
• Whether your school gave you enough time to prepare a defense
• Whether your school gave your advisor enough time to help you prepare a defense
• Whether your school gave you the opportunity to review the investigative report prior to its finalization
• Whether you received a live hearing
• Whether your school allowed you or your representative to cross-examine the complainant or their witnesses
• Whether your school allowed you to present evidence in your defense
• Whether your school truly acted in an impartial way
• Whether you had the right to privacy during the entire investigative and adjudicative process
• Whether your school notified you about your right to an appeal
• Whether you have any protected or special status that could influence your need for support during your school's investigative process

These may not be considerations that you naturally have prior to your investigation, and that's okay. That's what an educated, experienced attorney is ready to do for you. Reach out to a student defense lawyer as quickly as you can after your false Title IX allegation so they can start working on your case.

Rely on Joseph D. Lento to Help you Move Past a False Allegation and Protect Your Future

There are many reasons that false accusations of sexual assault, harassment, or abuse might happen. College campuses are pressure cookers of hormones, dramas, relationship mishaps, and awkward situations. It's easy to misinterpret sexual scenarios or miscommunicate with one of your peers. It's also easy for Title IX complainants to feel pressured to file a false accusation for a variety of personal reasons.

Whether the false accusation stemmed from embarrassment, disappointment, jealousy, or a simple misunderstanding, one thing is clear: You now have to deal with the repercussions of an unfair Title IX allegation. This can be a very serious affair.

At a time when you're feeling afraid, confused, alone, and overwhelmed, you have to take strategic action to make sure that an incident you weren't involved in doesn't ruin your future. That's a big ask, and it's understandable if you don't know what to do.

That's where we come in. Joseph D. Lento is an attorney-advisor who understands precisely what's at stake when it comes to your false Title IX allegations. He's successfully defended thousands of students from unfair sexual misconduct claims and protected their reputations. Depend on him to do the same for you!

Call the Lento Law Firm today to learn more about how we can help. The number is (888) 535-3686.