One federal civil rights law is Title IX, which guarantees equal access to higher education, regardless of sexual orientation or gender. However, enforcement of this provision is tied to a school's federal funding, so colleges in Idaho aggressively prosecute all claims of sexual misconduct on their campuses.
If you were the one accused of sexual harassment or assault, your rights can be trampled during the investigation. Having a lawyer as your Title IX advisor can help protect them.
Your Right to a Title IX Advisor in Idaho
If you get accused of sexual misconduct in violation of Title IX, you have a right to an advisor's guidance. Some people appoint a family or faculty member which unfortunately is a major mistake. However, hiring a lawyer comes with huge benefits:
- They know how to build and present your case during the investigation and hearing
- They are familiar with adversarial proceedings
- They have a nuanced understanding of the Title IX investigation process
By appointing a lawyer to be your Title IX advisor, you also send a strong signal to your school that you will be vigorously defending your rights and interests, making them think twice before running roughshod over your rights.
Title IX Investigations Follow Similar Steps
Each college or university in Idaho has its own unique process for investigating and hearing a Title IX case. However, they all follow the same basic steps:
- The complaint. All Title IX cases begin when someone files a complaint with the school, claiming that you committed a prohibited act of sexual misconduct.
- Interim measures are imposed, including the filing of "no-contact orders". Schools in Idaho typically respond to a Title IX complaint by filing no-contact orders against the person accused in the complaint. This prohibits contact of all kinds, including phone calls or online messaging, and can cause class or housing reassignments. Other interim measures can include an "interim suspension", reassignment of class schedules, a ban from living in residence hall, a ban from sports teams, and similar actions taken by the school.
- Investigation. The school's Title IX officer or an independent investigator will examine the complaint and try to verify all of the details it contains, often culminating with a crucially-important interview with you, the accused. Many colleges and universities determine responsibility at the conclusion of the Title IX investigation. Some schools, however, use the information obtained during the course of the investigation to proceed to a hearing.
- The hearing. At schools that use a "hearing" model, the evidence gathering all aims at building a case for the hearing. The process for this hearing is unique to each school, as is the hearing body that will determine if you have violated the edicts of Title IX.
- Sanctions. If you are found to have violated Title IX, the hearing panel will issue sanctions against you. These can range from a warning all the way to expulsion.
- Appeals. You can appeal the finding of a Title IX violation if there was a problem with the hearing or investigation process, or you can challenge the sanction that you received.
Joseph D. Lento, Your Title IX Advisor in Idaho
If you have been accused of violating Title IX and committing sexual misconduct at school in Idaho, you need Joseph D. Lento to act as your Title IX investigation advisor. His legal experience can help defend you against what are extremely serious accusations regardless of their validity, protect your rights, and ensure that you move into your professional future without a costly blemish on your record. Contact him online or by phone at 888-535-3686.
Idaho 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:
- 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 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 Idaho and throughout the nation. Make certain your or your student's interests are protected - Contact National Title IX attorney Joseph D. Lento today.