Title IX is the federal law that prohibits discrimination based on gender or sexual orientation in the context of higher education. Because it is tied to the federal funding that a school receives, though, institutions in Nevada aggressively prosecute allegations of sexual harassment or assault in order to keep their money.
If you have been accused of sexual misconduct on a Nevada campus, you need a lawyer to act as your Title IX advisor if you want to protect your rights.
People Accused of Title IX Violations Have a Right to an Advisor
If you have been accused of violating Title IX, you have a right to an advisor to guide you through the upcoming process. Choosing a lawyer rather than a faculty or family member will make a huge difference in your case. Lawyers are at home in the adversarial structure of the hearing and investigation, build and present effective cases for a living, and understand the Title IX process and how it can impact your case. Appointing a lawyer as your Title IX advisor also shows your college that you are being serious about your defense, and warns them against taking your rights lightly.
Title IX Investigations in Nevada
In Nevada, every college and university has its own unique rules and regulations for Title IX cases. The differences between schools, though, are largely in the details. Most follow the same basic outline:
- The complaint starts the case. Title IX cases in Nevada begin with the complaint or the formal allegation with the school that accuses you of sexual misconduct in violation of the statute.
- No-contact orders. Once the complaint has been received, most Nevada schools respond by issuing a no-contact order against you. This prohibits you from having any contact whatsoever with the complainant. In addition to the likelihood of a no-contact order being imposed, colleges and universities will impose other "interim" measures after a Title IX complaint is made. Such "interim" measures can leave the accused student at a severe disadvantage because bans from living on campus or even an outright "interim" suspension can take place, and what the school will call an "interim" suspension can last for months in some cases.
- Investigation of the complaint. The school then appoints either its Title IX officer or another investigator to look into the details of the complaint and build a case against you. This often ends with a crucially important interview with you. Many schools use an "investigative" model where the determination of responsibility is made at the end of the Title IX investigation. Some schools proceed to a hearing, but the investigation remains extremely critical to the outcome of the case because the "investigative report", which is the produced based on the results of the investigation itself, will be forward to the hearing panel for review before a prospective hearing were to take place.
- Hearing. At colleges and universities which utilize a Title IX "hearing" model, after the completion of the investigation, all of the evidence gathered is then presented to a panel in the Title IX hearing. Different schools handle the details of this hearing differently, with very few schools in Nevada using the same panel makeup.
- Sanctions issued. If you are found in violation of Title IX, the panel will sanction you with penalties ranging from a warning all the way up to expulsion from school.
- Appealing your case. You have a right to appeal the sanction that you received by claiming it does not fit the violation. You can also challenge the outcome of the hearing, but only if you can point to a specific and eligible defect in the underlying process.
Nevada Title IX Advisor Joseph D. Lento
Being accused of sexual misconduct in violation of Title IX is not a matter to be taken lightly. The unfortunate reality is that an accused's entire academic and professional career is on the line. Having a lawyer in your corner to serve as your advisor and help present your case can change the outcome in your favor. If facing sexual misconduct allegations in Nevada, contact student discipline defense attorney Joseph D. Lento online or by phone at 888-535-3686.
Nevada 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:
- College of Southern Nevada
- DeVry University Nevada
- Everest College Henderson
- Great Basin College
- International Academy of Design and Technology Henderson
- ITT Technical Institute Henderson
- ITT Technical Institute Las Vegas
- Le Cordon Bleu College of Culinary Arts Las Vegas
- Morrison University
- Nevada State College
- Sierra Nevada College
- The Art Institute of Las Vegas
- Truckee Meadows Community College
- University of Nevada Las Vegas
- University of Nevada Reno
- University of Phoenix Las Vegas Campus
- University of Phoenix Northern Nevada Campus
- Western Nevada 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 Nevada and throughout the nation. Make certain your or your student's interests are protected - Contact National Title IX attorney Joseph D. Lento today.