The Cincinnati metropolitan area is one of the country's most vibrant and culturally diverse regions. Many visitors are often surprised by the variety of experiences Cincinnati has to offer. Few cities in the United States can match the laid-back charm, professional sports teams, dining opportunities, and cultural activities found in the Cincinnati metro area. Additionally, Cincinnati, along with neighboring northern Kentucky and Indiana, is home to some of the best colleges in the nation. However, for many college students in the Cincinnati area, pursuing a quality education can become a nightmare when they are accused of a Title IX violation.
Any student facing a Title IX grievance or accusation needs an experienced, tough defense. Title IX enforcement is evolving and changing with an uncertain future. Different presidential administrations and state legislatures have attempted to change the procedures and protections of Title IX. Experienced and effective Title IX attorneys stay up to date and understand the changing landscape. The Lento Law Firm is a nationwide Title IX defense firm with a proven track record of successfully defending clients against Title IX accusations. Call the Lento Law Firm at (888) 535-3686 or leave your details online, and we will contact you.
What is Title IX?
In 1972, the US Congress passed a series of amendments to the Higher Education Act to promote the equal treatment of women in colleges and universities. These amendments have, over time, become known as Title IX. Although Title IX has come to represent women's equality in sports, this law does not explicitly mention sports but deals with equal treatment in education.
However, as time went on, Title IX became a broader law. In many ways, the expansion of Title IX has been positive, but it has often put those accused of violations in compromised positions. It can be extremely difficult to defend yourself against Title IX charges if the protections of the complainant prevent you from questioning the truthfulness of the accusations. The unfortunate reality of Title IX enforcement is that individuals accused of violations face severe consequences with limited protections. Anyone accused must have an experienced Title IX attorney to navigate the process. The Lento Law Firm has extensive experience representing Ohio, Kentucky, and Indiana students accused of Title IX violations.
Many Campuses Are in Crisis Over Title IX Enforcement
The colleges and universities in the Cincinnati-KY-IN area generally try to comply with federal laws, including Title IX. However, in recent years, the issue of enforcement of Title IX has become so politically charged and changing that many colleges simply can't keep up and do not know how to comply. Many colleges and universities attempt to hire knowledgeable staff or train volunteers, but this training often fails to inform coordinators and volunteers adequately. Many college policy statements have not kept up with Title IX changes, and sometimes, no one is quite sure what law applies. As a Title IX defendant, you may need to educate your fact-finder or investigator on Title IX issues. A good attorney can relieve you of this burden and give you peace of mind.
The Lento Law Firm understands how to resolve complaints successfully, often before a hearing or any negative publicity. We always try to protect our clients through a vigorous Title IX defense strategy, and we can educate your college administration if necessary.
Title IX Process and Hearings
Most Cincinnati-area colleges and universities have a Title IX process that offers informal resolutions such as mediation. This informal resolution process is a good idea in most cases. Most policies also offer the opportunity for the respondent to challenge the legal sufficiency of a Title IX complaint (this means that even if the allegations are true, they do not violate a law or policy). This type of challenge may lead to dismissal of the complaint.
The Lento Law Firm prioritizes seeking early resolution of cases through negotiation and other processes. Our firm has extensive experience in this area, and we have top-notch contacts and resources to support our efforts. We will utilize these connections to pursue early resolution of your case. If this informal approach is unsuccessful, the Lento Law Firm will provide guidance during the Title IX hearing and any subsequent appeals. We have successfully represented numerous students at formal Title IX hearings, where respondents can share their side of the story. An attorney who understands the law and best practices in Title IX hearings is invaluable in effectively presenting your case.
The exact process followed varies from one university to another, so it is always the best practice to carefully read your university's Title IX policy and procedures.
Title IX at the University of Cincinnati
The Title IX Coordinator oversees all Title IX issues at the University of Cincinnati. Formal Title IX complaints may be filed in person, by mail, by email, or through an electronic online submission. This filing cannot be anonymous, and the complainant must sign the complaint. If the Title IX Coordinator has safety concerns, they may also sign the complaint.
The University of Cincinnati encourages informal resolution of complaints, including mediation. If the complaint cannot be settled by informal resolution, it will follow a formal complaint process. This process begins with an investigation, which will be documented in the Investigative Report, which must be released at least ten days before the formal hearing. This Report must include:
- Summary of allegations.
- Summary of response to the allegations.
- Summary of factual findings of the investigation.
- Analysis of policy to the factual findings.
The hearing will be before a hearing panel, which will decide the case. The Panel must not have any conflict of interest. The university must prove the allegations by a preponderance of the evidence. Call the Lento Law Firm today if you face Title IX allegations at the University of Cincinnati.
Title IX at the University of Dayton
The Equity Compliance Office oversees Title IX issues and compliance at the University of Dayton. The Title IX Coordinator provides the respondent a Notice of Investigation and Allegations (NOIA) to begin the process. Title IX investigations are conducted by members of the Process Pool, who receive only minimal yearly training. The NOIA is intended to facilitate the ability of the respondent to prepare for the interview with the investigation team. Before meeting with the investigation team, a respondent should always speak with an experienced Title IX attorney at the Lento Law Firm. If the respondent has concerns about bias or conflict of interest by an investigation member, they must raise this concern immediately.
After the investigation team has completed its work and made a report, the parties may engage in informal complaint resolution. If the issue is not resolved, a formal hearing is scheduled. The Title IX Coordinator is responsible for choosing the decision-maker for the hearing, which can be a single individual or a three-person panel. The University of Dayton does not allow investigators (or those involved in the investigation) to be decision-makers at the hearing. Further, anyone who has acted as an advisor or advocate for a party cannot be a decision-maker. This is a good policy, but it is important that any respondent stay aware of the roles that decision-makers have played in their complaint or a related complaint. It is also vital that no respondent goes into a formal hearing without an experienced Title IX attorney.
Title IX at Miami University
Miami University has a Title IX Coordinator for its main Oxford campus and another coordinator for Hamilton and Middleton campuses, who oversee Title IX issues. The Sexual Misconduct Protocol at Miami University emphasizes sexual violence and severe sexual harassment. Upon the filing of a formal complaint, Miami University will:
- Conduct an investigation.
- Publish a written report of the investigation with a summary of the evidence.
- Hold a formal hearing, where the University must establish a violation by a preponderance of the evidence.
- Impose sanction if a violation is established.
- Hear appeals of the findings or the severity of the sanction.
Miami University strives for investigation resolution, which emphasizes eliminating prohibited conduct and preventing its recurrence. If the complaint goes to a hearing, the decision-maker will be a Board made up of three staff or faculty members. This Board is prohibited from having any type of bias. It is vital that anyone facing a Title IX complaint in Miami or Ohio call the Lento Law Firm before the hearing. In many cases, we can facilitate the informal resolution of the complaint. Where this is not possible, we can ensure that the process is free from bias and that respondents can defend themselves.
Title IX at the University of Northern Kentucky
The Title IX Coordinator oversees the Title IX Sexual Harassment Policy at the University of Northern Kentucky (UNK). UNK must dismiss a Title IX sexual harassment complaint if:
- The allegations do not constitute sexual harassment, as defined by Title IX or University policy.
- The conduct did not occur in a program or activity controlled by the University.
- The respondent is not a student, or the conduct did not occur in the US.
- The complainant was not participating in a UNK program or activity when filing the complaint.
Additionally, UNK may dismiss a complaint if it is withdrawn, the respondent leaves the university, or the university cannot conduct a full and fair investigation for various reasons.
It is vital that a respondent defend against formal grievances that should be dismissed outright. The Lento Law Firm can advise on how a complaint may fail to state a Title IX violation. If the complaint does proceed and is not dismissed, the Lento Law Firm can present a defense to the allegations.
Title IX at Xavier University
Xavier University has Harassment Code and Accountability (HCAP) procedures in place, including its Sexual Discrimination Policy. Xavier's policy defines sexual harassment as conduct that a reasonable person would find to be “so severe, pervasive, and objectively offensive that it effectively denies a person equal access to a Xavier education program or activity.” Conduct that falls below this admittedly high bar may violate university policy, but it is not a Title IX violation. The policy also covers all types of sexual assault, dating violence, or stalking.
Xavier strongly favors an informal resolution process and follows a more formal process only where informal resolution fails or is inappropriate. The Lento Law Firm can represent clients during the informal resolution process and will always attempt to have a complaint dismissed as early as possible. If the matter goes to a sanction hearing, it is heard by three members of the Harassment Hearing Board panel, which has 24 members. The panel will vote, with the majority controlling (the is not required to be unanimous). Xavier has “benchmarks,” which are suggested sanctions for every type of Title IX violation. While the standard for sexual assault is termination (suspension from the university), the benchmark for sexual harassment ranges from a letter of reprimand up to termination. If you face a Title IX investigation or formal grievance process at Xavier University, call the Lento Law Firm. We can represent you effectively during an informal process but vigorously defend you during a formal hearing.
The Lento Law Firm is a Premier Nationwide Title IX Defense Firm
Whether you attend the University of Cincinnati, the University of Northern Kentucky, or any other Cincinnati metro area college, learning that someone has made a Title IX complaint against you may be devastating. The Lento Law Firm Student Defense Team can help you represent and defend yourself during this difficult time. The Lento Law Firm has a proven track record of successfully defending Title IX respondents. We have represented hundreds of respondents nationwide and can effectively represent you in Cincinnati, northern Kentucky, and Indiana. With Title IX in such an evolving state, anyone facing Title IX charges must have an experienced attorney. Call the Lento Law Firm at (888) 535-3686 or leave your details online, and we will contact you.
