Are You Facing Sexual Misconduct Allegations In Idaho?
If you are an Idaho college student facing Sexual Misconduct allegations, the first step is to find a Title IX Attorney well-versed in the details of new and continually changing Sexual Misconduct regulations. Sexual Misconduct charges can have serious consequences for your academic career and future professional opportunities.
New Title IX Rules Restore Rights To The Accused
The New Title IX (also known as the “Final Rule”) may increase the possibility of the accused receiving a fair trial. During the Obama Administration, The Department of Education demanded that colleges take further measures to prevent and remedy sexual violence on college campuses. To preserve federal funding, universities tended to side with the accuser and often stripped away the rights of the accused. In recent years, it has become commonplace to deny accused students access to the complaint, the evidence, the identities of witnesses, or the investigative report, and to forbid them from questioning complainants or witnesses.
The Final Rule Calls For Live Hearings And Cross-Examinations
The New Title IX ensures a fairer hearing by including live hearings and cross-examinations to test the credibility of all parties involved. Since live cross-examination is potentially traumatic for the accusers, federal regulations forbid accuser and accused from questioning each other directly. Instead, the New Title IX requires schools to allow each party’s “advisor”—who may be an attorney—to pose questions to the opposing party.
Let A Skilled Attorney-Adviser Conduct Your Cross-Examinations
Your college might offer you the choice to use a school advisor to represent you, but this is not a good option. Advisors employed by the school can give any information you share with them to college staff. Your college can then use this information against you when deciding your case. A college advisor also lacks cross-examination courtroom skills.Finding the right advisor can make or break your defense. Attorney Joseph D. Lento, with years of trial experience, can provide expert guidance and secure you the best outcome in your case. Give Lento Law Firm a call at (888) 535-3686.
No Single Investigator
Before the New Title IX regulations, many schools used an unjust investigator-only process in which one person, often a Title IX administrator, acted as both investigator and decision-maker. The single-investigator model blocked the complainant and the accused from knowing and contesting the evidence and any interpretations or bias that the investigator might be developing. Instead, under New Title IX regulations, each phase of the proceedings now has a separate decision-maker in charge. Both parties are informed of investigation findings, providing a fairer process and more checks and balances in the case of bias.
Colleges' Compliance With New Title IX Generates Dual Policies
If you face Sexual Misconduct allegations, the New Title IX rules offer you more protection, but unfortunately, also limit applicable cases to on-campus and school-controlled venues only. A narrower definition of sexual misconduct further reduces the scope of the New Rule. The new federal regulations assert that Sexual Misconduct allegations against students not under Title IX jurisdiction may be handled “in any manner the school chooses.” Many colleges have stated their intentions to continue to pursue college sexual misconduct allegations with the same level of severity, despite the new federal regulations. Each school has its own specific policies and procedures of governance for Sexual Misconduct cases. Carefully review your Code of Conduct or Student Handbook to gather information about how your college will be handling your case and what is expected of you.
An Attorney-Advisor Will Make Sure Your School's Policies Are Fair
If you are currently facing Sexual Misconduct allegations, the rule of law at your school may be in flux. Many universities are still revising their Sexual Misconduct Policies, and there is no oversight or standardization for how each university is creating its parallel dual polices. Schools were only given three months, in the middle of the pandemic, to bring their policies in line with new federal regulations and modify their existing systems to accommodate the narrower scope. Schools were already burdened by the demands of adapting their campuses and curriculum for social distancing and remote learning. Many schools could only come up with drafts or interim Code of Conduct policies in time for the start of the fall semester and had no time to hire or train the staff required by the new federal regulations. Smaller colleges face more obstacles creating and carrying out a dual process due to a lack of financial and staffing resources.
Code Of Conduct Policies Should Not Reverse Protections For The Accused
College Sexual Misconduct policies should be held to a high standard of justice. Considering the lack of time and resources for an extensive policy overhaul, many may currently fall short. Jake Sapp, a Title IX legal researcher, explains how college policies should match the level of fairness set by the Final Rule, “Both processes...need to be incorporating equitable treatment of all parties. In the Title IX hearing, that's spelled out…Your non-Title IX process can't be something that is going to railroad complainants or respondents." Any "parallel" or "dual" process for adjudicating complaints of sexual misconduct outside of Title IX must also follow state law or legal precedent set by federal appeals courts.”
Experienced Idaho Sexual Misconduct Advisor
If you are facing allegations of Sexual Misconduct, you can't rely on the New Title IX protections to help you, since colleges can still determine policy for cases outside the jurisdiction of Title IX. It's more important than ever to have a skilled attorney-advisor ensuring that your college is following the law and providing you with due process rights. For many years, attorney Joseph D. Lento has fought for students' rights while gaining a reputation as one of the country's preeminent experts in Title IX and college sexual misconduct cases and student discipline defense.
Give the Lento Law Firm a call at (888) 535-3686 for a case consultation today. They will answer your questions and help you defend your rights.
Idaho colleges and universities where Joseph D. Lento can help as your or your student's college sexual misconduct advisor during investigations, hearings, and appeals include, but are not limited to, the following schools:
- Boise Bible College
- Boise State University
- Brigham Young University Idaho
- Broadview University
- Brown Mackie College Boise
- College of Southern Idaho
- CollegeAmerica Stevens Henager College
- Eastern Idaho Technical College
- Idaho State University
- ITT Technical Institute Boise
- Lewis Clark State College
- North Idaho College
- Northwest Nazarene University
- Stevens Henager College
- The College of Idaho
- University of Idaho
- University of Phoenix Idaho Campus
It is critical to make certain the college sexual misconduct investigation at your Idaho school is handled properly and that the accused student's interests are protected from as early as possible during the sexual misconduct investigative process. One major reason is because even at colleges and universities 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 college sexual misconduct 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 at college. Some people will mistakenly believe that if they "just explain what happened," their college or university 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 cases would not exist.
Fighting passionately for the future of his clients at universities and colleges throughout the nation for many years, 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 Pennsylvania, New Jersey, and New York, is admitted as an attorney pro hac vice in state and federal court if needed when representing clients nationwide, and serves as a college sexual misconduct advisor to students and others in academia facing sexual misconduct investigations and Title IX disciplinary cases in Idaho and throughout the nation. Make certain your or your student's interests are protected - Contact National College Sexual Misconduct Attorney Joseph D. Lento today at 888-535-3686 or by completing our online form.
