Title IX is a federal law that prohibits acts of sexual discrimination on college campuses in the U.S. While this sounds like a great idea, Title IX demands that schools aggressively investigate and prosecute allegations of sexual assault, rape, or harassment on their grounds, or face a cut to their federal funding.
If you have been accused of sexual misconduct, the cards will be stacked against you. You need a lawyer to act as your advisor and protect your interests in the upcoming investigation.
Title IX Advisors and Why You Should Choose an Attorney
People who have been accused of violating Title IX in Nebraska have a right to an advisor to help them through the nerve-wracking investigative process that is about to begin. While some people appoint their parents or a trusted member of the faculty to help, hiring a Title IX defense attorney has its benefits. Not only do these lawyers know how to handle evidence and ask the right questions, but they are also intimately familiar with the legal process, how schools tend to trod over your due process rights, and how to defend against the allegations.
Nebraska's Title IX Investigation Process
Each school has its own unique way of handling a Title IX allegation. However, most of the variance is in the details, so you can expect the process to go something like this:
- The complaint: The Title IX process begins when someone files a complaint with the school against you, claiming that you committed an act of sexual misconduct.
- Interim measures: In the immediate aftermath of the complaint, if the school decides that there is a chance that things could escalate, you can expect them to issue a no-contact order against you. This order is like a temporary restraining order, telling you to stay away from the person who filed the complaint. If housing assignments need to be changed or class schedules altered to make sure this happens, many schools will do so. In some cases, an interim suspension can be imposed, in addition to other preventive measures.
- Investigation: The school can put the task of investigating the complaint to its Title IX officer or to an independent investigator. Often, one of the most important aspects of this complaint is to interview the person being accused.
- Hearing: At some colleges and universities, once evidence has been gathered, a hearing will be held to determine if there was a Title IX violation. The rules that govern this hearing are where schools in Nebraska have the most differences, with the particular set for your school often being found in the student handbook.
- Sanctions. If the hearing body finds that you violated Title IX, it will issue sanctions. These can range from a warning to complete expulsion.
- Appeals. Students who are unhappy with the finding can appeal the outcome by pointing to defects in the process or challenge the sanctions.
Nebraska Title IX Advisor Joseph D. Lento
Joseph D. Lento is a Title IX defense lawyer and advisor who can help you prevail over the sexual misconduct accusations that you are facing. If facing a Title IX investigation in Nebraska or have any related concerns, contact him online or by phone at 888-535-3686 for the legal help you need at this difficult time.
Nebraska 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:
- Bellevue University
- BryanLGH College of Health Sciences
- Central Community College
- Chadron State College
- Clarkson College
- College of Saint Mary
- Concordia University Seward
- Creighton University
- Doane University
- Grace University
- Hastings College
- ITT Technical Institute Omaha
- Kaplan University Lincoln Campus
- Kaplan University Omaha Campus
- Little Priest Tribal College
- Metropolitan Community College Area
- Mid Plains Community College
- Midland University
- Myotherapy Institute
- Nebraska Christian College
- Nebraska College of Technical Agriculture
- Nebraska Indian Community College
- Nebraska Methodist College of Nursing & Allied Health
- Nebraska Wesleyan University
- Northeast Community College
- Omaha School of Massage and Healthcare of Herzing University
- Peru State College
- Southeast Community College Area
- The Creative Center
- Union College
- Universal College of Healing Arts
- University of Nebraska at Kearney
- University of Nebraska at Omaha
- University of Nebraska Lincoln
- University of Phoenix Omaha Campus
- Vatterott College Spring Valley
- Wayne State College
- Western Nebraska Community College
- York 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 Nebraska and throughout the nation. Make certain your or your student's interests are protected - Contact National Title IX attorney Joseph D. Lento today.