Federal law Title IX prohibits discrimination “on the basis of sex” committed by and/or against students that attend higher education institutions. Sexual misconduct in all of its forms - sexual assault, sexual harassment, dating violence, etc. - is regarded as sex discrimination. Therefore, any actions that constitute sexual misconduct is a violation of Title IX. Schools must internally adjudicate all alleged instances of misconduct in compliance with the federal law.
Schools are mandated to use the Title IX resolution process to determine if there has been a violation. One of the most important parts of this process is the investigation period. During this period and throughout the entire process, students will need the assistance of an outside party, known as an advisor, to help them navigate the process.
The Role of an Advisor
People who bring allegations (complainants) and those who respond to said allegations (respondents) are afforded the right to choose who they would like to be their advisor. This right is extended to these parties because it's understood that they'll need all the assistance they can get through this intricate process.
The Benefits of Choosing an Attorney as Your Advisor
Although respondents are given wide discretion as to who they can choose to serve as their advisor, it is important they consider choosing an attorney. An experienced attorney advisor has been through the Title IX process numerous times and knows how to protect your rights.
The Title IX Process
Here's a general overview of the Title IX process in federally funded Michigan institutions:
- A complaint is filed: Schools encourage each member of the campus community to report any instances of rumored, witnessed, and experienced sexual misconduct.
- Interim measures: If deemed appropriate, a school may impose interim measures like a no-contact order, housing reassignments, schedule changes, and more upon a respondent to minimize their interactions with complainants and other parties involved in the incident.
- The investigation: A formal investigation will be conducted by the school. At some schools, the Title IX process ends here. In the investigative phase, all parties will be thoroughly interviewed, and a determination will be made based on this information.
- The hearing: In other schools, Title IX allegations are resolved via the hearing process. A hearing is the last opportunity for both sides to share their account of the incident. A panel comprised of students and staff will listen to witness accounts, statements, and evidence to make a determination.
- Sanctions: If the investigation or hearing panel concludes that a respondent is “responsible” for violating Title IX, a wide range of potential sanctions may be imposed. Respondents have been subjected to sanctions such as orders to attend treatment or intervention programs, the removal of scholarships, suspension, and expulsion.
- Appeals: An appeal is a request for schools to reconsider its decision due to an error that occurred at some point during the process. If any party feels dissatisfied with a final decision, he or she has the right to appeal.
Michigan Title IX Advisor
If you attend a Michigan college or university and are facing sexual misconduct allegations, it is crucial you contact an attorney. For students who haven't been through this process before, it can be confusing and scary. Preparation is the key to favorable results. Skilled legal professional Joseph D. Lento has extensive experience preparing respondents for an investigation and the entire Title IX process. Contact him today for help.
Michigan 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:
- Adrian College
- Albion College
- Alma College
- Alpena Community College
- Andrews University
- Aquinas College
- Baker College Center for Graduate Studies
- Baker College of Allen Park
- Baker College of Auburn Hills
- Baker College of Cadillac
- Baker College of Clinton Township
- Baker College of Flint
- Baker College of Jackson
- Baker College of Muskegon
- Baker College of Owosso
- Baker College of Port Huron
- Bay de Noc Community College
- Bay Mills Community College
- Calvin College
- Central Michigan University
- Cleary University
- College for Creative Studies
- Compass College of Cinematic Arts
- Concordia University Ann Arbor
- Cornerstone University
- Davenport University
- Delta College
- DeVry University Michigan
- Eastern Michigan University
- Ferris State University
- Finlandia University
- Glen Oaks Community College
- Gogebic Community College
- Grace Bible College
- Grand Rapids Community College
- Grand Valley State University
- Great Lakes Christian College
- Henry Ford Community College
- Hope College
- International Academy of Design and Technology Troy
- ITT Technical Institute Canton
- ITT Technical Institute Dearborn
- ITT Technical Institute Swartz Creek
- ITT Technical Institute Troy
- ITT Technical Institute Wyoming
- Jackson Community College
- Kalamazoo College
- Kalamazoo Valley Community College
- Kellogg Community College
- Kettering University
- Keweenaw Bay Ojibwa Community College
- Kirtland Community College
- Kuyper College
- Lake Michigan College
- Lake Superior State University
- Lansing Community College
- Lawrence Technological University
- Macomb Community College
- Madonna University
- Marygrove College
- Michigan Jewish Institute
- Michigan State University
- Michigan Technological University
- Mid Michigan Community College
- Monroe County Community College
- Montcalm Community College
- Mott Community College
- Muskegon Community College
- North Central Michigan College
- Northern Michigan University
- Northwestern Michigan College
- Northwood University Michigan
- Oakland Community College
- Oakland University
- Olivet College
- Rochester College
- Sacred Heart Major Seminary
- Saginaw Chippewa Tribal College
- Saginaw Valley State University
- Sanford Brown College Dearborn
- Sanford Brown College Grand Rapids
- Schoolcraft College
- Siena Heights University
- South University Novi
- Southwestern Michigan College
- Spring Arbor University
- St Clair County Community College
- The Art Institute of Michigan
- University of Detroit Mercy
- University of Michigan Ann Arbor
- University of Michigan Dearborn
- University of Michigan Flint
- University of Phoenix Metro Detroit Campus
- University of Phoenix West Michigan Campus
- Washtenaw Community College
- Wayne County Community College District
- Wayne State University
- West Shore Community College
- Western Michigan University
- Yeshiva Gedolah of Greater Detroit
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 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 Title IX advisor and educational consultant to students facing sexual misconduct investigations and disciplinary cases in Michigan and throughout the nation. Make certain your or your student's interests are protected - Contact National Title IX attorney Joseph D. Lento today.
