Title IX prohibits acts of sexual misconduct on college campuses because they impact the right that someone else has to equal access to higher education. Schools in Arkansas, however, can lose their federal funding if they do not aggressively investigate claims of Title IX violations.
If you have been accused of sexual misconduct in Arkansas, you can count on your school doing whatever it can to find you guilty. Having a lawyer acting as your Title IX advisor can make a huge difference.
Your Title IX Investigation Advisor
Being accused of violating Title IX's prohibition against sexual harassment or assault gives you a right to a Title IX advisor for the upcoming investigation and hearing. Appointing a lawyer rather than a trusted faculty member has major benefits, and because of what is at stake and to avoid the potential pitfalls that lie ahead, it is the only effective manner to respond to a Title IX investigation; for example:
- A lawyer thrives in adversarial proceedings like the one you are about to go through
- Attorneys are professionals when it comes to building and presenting cases on your behalf
- Title IX lawyers know where investigations can become dangerous, and how to protect yourself
- Hiring a lawyer tells your school that it cannot get away with infringing on your rights
The Title IX Investigation Process in Arkansas
Each school in Arkansas has its own way of dealing with Title IX allegations. They all share the same framework, though:
- The complaint begins your case. All Title IX cases begin with a complaint filed with your school, claiming that you committed an act of sexual misconduct in violation of the statute.
- No-contact orders filed by the school. Most colleges respond to a Title IX case by filing a no-contact order against you, the person being accused in the complaint. This prohibits you from having any further contact with the complainant, even if it means reassigning classes or housing. Other "interim" measures can include a ban from participation in extracurricular activities and/or on athletics, a ban from living on campus, and even an "interim" suspension while the case is being addressed.
- The investigation begins. Schools appoint their Title IX officer – or hire an independent investigator if they do not have one – to look into the allegations made in the complaint. Many schools will determine an accused's responsibility through the investigative process. Some schools use the results of the investigation to proceed to a hearing to determine responsibility.
- A hearing to determine guilt. At colleges and universities which use a "hearing" model, all of the evidence obtained against you will be presented to a panel at the Title IX hearing. The panel will then determine if you violated Title IX or not.
- Sanctions. If the panel decides that there was a Title IX violation, it will penalize you with a range of sanctions, from expulsion to a mere warning.
- Appealing the outcome. You have a right to challenge the severity of the penalty you received. You can also appeal the outcome of the hearing if you can point to a particular problem in the investigation or the hearing that prejudiced your case.
Arkansas Title IX Advisor Joseph D. Lento
If you have been accused of sexual misconduct – whether for stalking, harassment, assault, or rape – you need a student discipline defense attorney to act as your Title IX advisor. Joseph D. Lento can help you, if you go to school in the state of Arkansas. Contact him online or by phone at 888-535-3686 to fight against these serious charges that can drastically impact your future and your ability to begin your professional career on the right foot.
Arkansas colleges and universities where Joseph D. Lento can help as your or your student's Title IX advisor during investigations (in addition to hearings and appeals) include, but are not limited to, the following schools:
- Arkansas Baptist College
- Arkansas Northeastern College
- Arkansas State University Beebe
- Arkansas State University Main Campus
- Arkansas State University Mountain Home
- Arkansas State University Newport
- Arkansas Tech University
- Black River Technical College
- Bryan University
- Central Baptist College
- College of the Ouachitas
- Cossatot Community College of the University of Arkansas
- Crowley's Ridge College
- East Arkansas Community College
- Ecclesia College
- Harding University
- Henderson State University
- Hendrix College
- ITT Technical Institute Little Rock
- John Brown University
- Lyon College
- Mid South Community College
- National Park Community College
- North Arkansas College
- NorthWest Arkansas Community College
- Ouachita Baptist University
- Ozarka College
- Philander Smith College
- Phillips Community College of the University of Arkansas
- Pulaski Technical College
- Remington College Little Rock Campus
- Rich Mountain Community College
- South Arkansas Community College
- Southeast Arkansas College
- Southern Arkansas University Main Campus
- Southern Arkansas University Tech
- University of Arkansas
- University of Arkansas at Little Rock
- University of Arkansas at Monticello
- University of Arkansas at Pine Bluff
- University of Arkansas Community College Batesville
- University of Arkansas Community College Hope
- University of Arkansas Community College Morrilton
- University of Arkansas Fort Smith
- University of Central Arkansas
- University of Phoenix Little Rock Campus
- University of Phoenix Northwest Arkansas Campus
- University of the Ozarks
- Williams Baptist College
It is critical to make certain the Title IX investigation at your college or university is handled properly and that the accused student's or employee's interests are protected from as early as possible during the sexual misconduct investigative process. One major reason is because even at schools 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 Title IX 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. Some people will mistakenly believe that if they "just explain what happened," their school 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 and Title IX charges would not exist.
Fighting passionately for the future of his clients at universities and colleges throughout the nation for a decade, 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 and New Jersey, is admitted as an attorney pro hac vice in state and federal court if needed when representing clients nationwide, and serves as a Title IX advisor and educational consultant to students facing sexual misconduct investigations and disciplinary cases in Arkansas and throughout the nation. Make certain your or your student's interests are protected - Contact National Title IX attorney Joseph D. Lento today.