New Title IX rules went into effect on August 14, 2020. Click here to learn about the changes to Title IX and how college sexual misconduct cases will be addressed and adjudicated under the new rules.
Complete the below form to be emailed the Lento Law Firm's complimentary guide to the Title IX sexual misconduct disciplinary process at colleges and universities. There is no obligation and we will promptly follow up with you as we are here to help. The guide includes information such as the following:
- What is Title IX?
- Consequences of Title IX?
- Sexual Misconduct Allegations
- Steps to Take Immediately After a Title IX Accusation
- Right of the Accused Under Title IX
- Law Enforcement and Criminal Charges
- Title IX Case Results
- Winning a Title IX Case
- Other Title IX Resources
The following is a sample of the downloadable guide:
What to Do If You've Been Wrongly Accused of a Title IX Sexual Misconduct Charge
Have you or your child been wrongly accused of sexual misconduct under Title IX? Call our office now at 888.535.3686 for a consultation of your case.
Call Our Office for Nationwide Title IX Representation
Attorney Joseph D. Lento has successfully handled hundreds of Title IX cases involving serious allegations of sexual misconduct, including rape and sexual assault, at major colleges and universities nationwide. He is a driven and dedicated advocate for students facing Title IX charges.
This guide is meant to be general advice for students accused of sexual misconduct under Title IX, and their families. The information in this guide should not be taken as legal advice specific to your case and does not create attorney-client privilege. If you're facing a Title IX charge, call our office at 888.535.3686 to speak to an experienced Title IX lawyer about your case today.
What Is Title IX?
Title IX is a federal civil rights law that prohibits discrimination on the basis of sex. Title IX applies to any educational “program or activity” that receives federal funding, including sports. It applies to elementary and secondary schools, high schools, colleges, and universities, and to federally-funded educational programs run by other institutions or businesses.
Title IX's definition of sex discrimination includes sexual harassment and sexual violence such as sexual coercion, sexual battery, sexual assault, and rape.
Any school that doesn't follow Title IX policies risks losing its government funding. As a result, many colleges and universities have created a new position of Title IX compliance officer – someone who is dedicated to handling Title IX investigations, hearings, and cases.
In Title IX cases, the accuser is known as the complainant and the student accused of misconduct is known as the respondent.
Title IX Sexual Misconduct Definitions
Title IX defines sexual harassment as:
- Unwanted sexual advances, favors, or requests
- Unwelcome sexual conduct – verbal, visual or physical
- Offensive or frequent remarks about someone's sex
- Any harassment of a sexual nature that interferes with a student's right to an education or their ability to participate in the program or activity
Title IX defines sexual violence as:
- Sexual abuse, assault, battery, or coercion
- Rape or attempted rape
- Inappropriate touching
- Physical or aggressive sexual advances
Sexual misconduct is a serious charge under Title IX that could have severe effects on your academic and professional careers. Sanctions often include suspension or expulsion from school. An adverse Title IX disciplinary ruling could end up in your permanent record. You may even face criminal charges or registry as a sex offender.
Every student has a right to an advisor in a Title IX investigation. It's generally known that Title IX cases go better for the respondent when they have an advocate on their side. The sooner you talk to someone who can advise you in the Title IX process, the better.
Title IX Process Timeline
The Title IX process will change based on your school's model of enforcement, but here is a general timeline of what you might expect:
- Day 1 – Qualifying Incident reported to the school.
- Week 1 – Preliminary information gathered, incident report completed, law enforcement called if appropriate. Investigating officers assigned by the Title IX coordinator, who notifies both complainant and respondent about the investigation.
- You should get in touch with a Title IX advisor as soon as you find out you're the subject of an investigation.
- Weeks 2-5 – Title IX investigation carried out.
- Week 6 – Title IX investigation completed, the final report presented to the Title IX coordinator. Both parties informed of findings.
- Week 7 – Title IX coordinator reviews the investigation results and decides the next course of action. Both parties informed of the decision and next steps.
- Weeks 7-8 – Judicial sanctioning board makes a decision and reports to both parties. The appeals process begins if requested.
- Day 60 – Long-term sanctions applied if the respondent is found responsible.
Consequences of Title IX Sexual Misconduct Allegations
The biggest mistake you can make when facing a Title IX accusation is to underestimate the consequences and under-prepare for your case until it's too late.
Despite their best intentions, so many students and parents don't realize the limited procedural safeguards they get under the Title IX campus disciplinary system. They don't reach out to an experienced advocate until after a ruling has been made.
Title IX sexual misconduct allegations could have serious consequences for your academic and professional careers. If you've been accused of sexual misconduct under Title IX:
- You could be sanctioned, suspended, or expelled from your high school, college, or university.
- The allegations could lead to further criminal or civil charges off-campus that could result in fines, jail time, or even registering as a sex offender.
- Because this is such a serious charge, your personal reputation could take a hit.
- Title IX allegations and rulings can become a part of your permanent disciplinary record. This could hurt your chances with graduate schools, jobs, and professional licensing boards who look into your records.
The federal government incentivizes schools to aggressively pursue Title IX cases, whether the alleged incident happened on- or off-campus. Colleges and universities must take immediate action once they find out about sexual harassment or assault. Schools that fail to take proper action risk losing their federal funding.
Despite the serious nature of Title IX charges, the Title IX disciplinary process has few safeguards or rights for students who are accused. If you don't have a strong advocate on your side, the system could feel unfairly stacked against you...(the guide continues)
The Lento Law Firm Can Help - Contact Us Today!
Contact attorney Joseph D. Lento at 888-535-3686 so that your rights are protected from as early as possible in the Title IX process, and again, complete the above form to receive the Lento Law Firm's full guide titled - "What to What to Do If You've Been Wrongly Accused of a Title IX Sexual Misconduct Charge".
