Congress passed Title IX of the Civil Rights Act of 1964 to legally forbid gender-based discrimination in educational programs that receive public funding. More recently, the U.S. Department of Education issued its final rule in April 2024, making clear the obligations schools have to provide equal educational access regardless of sex or sex stereotypes.

If you or a loved one needs lawful representation related to a claim of sexual misconduct at a university, call our reliable team today at 888-535-3686, or fill out a contact form so we can learn more about your case.

How Did the ACLU Respond?

True to its mission to help all citizens realize the promises protected by the U.S. Constitution, the ACLU shared a formal response. Louise Melling, ACLU deputy director, shared both praise and staunch opposition that read, in part, “...[the final rule] falls short by failing to mandate certain procedural protections that complainants and respondents should have in university disciplinary proceedings.”

What Does the ACLU Oppose About the New Title IX?

The Lento Law Firm has been a leader in Title IX defense through various administrations, and we will continue to defend students and staff members by advocating for due process for the accused.

In alignment with Melling's statements, we also take issue with the final rule's provisions that follow:

• Universities are not obligated to host a live hearing complete with cross-examinations in the case of grave sanctions, such as suspensions or expulsions.
• Universities are allowed to utilize the single-investigator model in which one person conducts an investigation after a complaint is made while also holding the singular power to hand down a decision.
• Institutions are not required to delay Title IX proceedings when requested by a respondent in the face of a criminal investigation.

What Does This Mean for Students Accused of Sexual Misconduct?

The recent changes in Title IX regulations will take effect in August 2024, impacting students across all educational levels. If you are a student facing allegations of sexual misconduct, these updated Title IX rules will be relevant to your disciplinary process. As exemplified above, the new ruling undercuts the need for a higher preponderance of evidence when investigating allegations of sexual misconduct, dismantling previously sanctioned protections for the accused.

This means that powerful defensive representation has never been more important for students accused of sexual misconduct. We believe in protecting the constitutional due process rights of anyone facing these types of allegations. Our team of seasoned Title IX lawyers is backed by the necessary experience to provide you with the strongest defense possible.

How the Lento Law Firm Student Defense Team Can Help

Whether you're a staff member or student, the Lento Law Firm can provide the exceptional defense you need during a disciplinary proceeding. To schedule a confidential consultation today, contact our Student Defense Team at 888-535-3686 or fill out a contact form.