Federal law Title IX prohibits gender discrimination within federally funded institutions. Sexual misconduct is considered gender discrimination. Any actions that can legally be considered sexual misconduct is a violation of Title IX. In compliance with this law, colleges and universities must internally adjudicate all alleged instances of sexual misconduct committed by/and or against students.
The Title IX process is used by administrations to determine potential violations. During 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
Individuals who bring allegations (complainants) and those who respond to said allegations (respondents) are granted the right to select anyone they feel would best occupy the role of an advisor. This right is extended because both complainants and respondents will need assistance in the intricate and confusing Title IX process. Choosing the right person will make all the difference in maintaining an equitable process and achieving a favorable outcome.
The Benefits of Choosing an Attorney as Your Advisor
An attorney's assistance is invaluable in this process. They've likely been through the Title IX process numerous times and understands better than anyone else what respondents must do to adequately prepare to defend themselves in an investigation or hearing. An attorney can also ensure that a respondent's rights are protected and properly exercised.
The Title IX Process
- A complaint is filed: Higher education institutions recommend that all members of the campus community - students, staff, spectators etc. - report any instances of witnessed, rumored, or experienced alleged sexual misconduct.
- Interim measures: If deemed appropriate, a school may implement interim measures to minimize the interactions between respondents and other involved parties. Measures like a no-contact order, housing rearrangements, class schedule changes, and even access restrictions from certain parts of campus may be imposed upon a respondent.
- The investigation: A formal investigation will be conducted by an independent investigator or an outside team. At some institutions, the Title IX process ends here. During this period, the investigator thoroughly interviews a respondent, complainant, witnesses and other relevant parties. Based on the information collected an investigator will come up with a determination.
- The hearing: In other schools, Title IX matters are resolved via the hearing process. The hearing is the final opportunity for both parties to share their account of the alleged incident. A panel comprised of students and staff will hear testimony, statements, witness accounts, and the presentation of evidence to deliberate. They will come up with a determination.
- Sanctions: If an investigator or hearing panel determines a respondent is indeed “responsible” for violating Title IX and committing sexual misconduct, a range of potential sanctions may be imposed upon a respondent. Respondents have been subject to treatment orders, the removal of scholarships, suspension, and expulsion.
- Appeals: An appeal is a request for a school to reassess its decision based on an error made at some point during the process. Any party that isn't satisfied with a final decision may file an appeal - a process in and of itself.
North Carolina Title IX Advisor
If you attend a North Carolina 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.
North Carolina 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:
- Alamance Community College
- Apex School of Theology
- Appalachian State University
- Asheville Buncombe Technical Community College
- Barton College
- Beaufort County Community College
- Belmont Abbey College
- Bennett College for Women
- Bladen Community College
- Blue Ridge Community College
- Brevard College
- Brunswick Community College
- Cabarrus College of Health Sciences
- Caldwell Community College and Technical Institute
- Campbell University
- Cape Fear Community College
- Carolina Bible College
- Carolina Christian College
- Carteret Community College
- Catawba College
- Catawba Valley Community College
- Central Carolina Community College
- Central Piedmont Community College
- Chowan University
- Cleveland Community College
- Coastal Carolina Community College
- College of the Albemarle
- Craven Community College
- Davidson College
- Davidson County Community College
- DeVry University North Carolina
- Duke University
- Durham Technical Community College
- East Carolina University
- Edgecombe Community College
- Elizabeth City State University
- Elon University
- Fayetteville State University
- Fayetteville Technical Community College
- Forsyth Technical Community College
- Gardner Webb University
- Gaston College
- Grace College of Divinity
- Greensboro College
- Guilford College
- Guilford Technical Community College
- Halifax Community College
- Harrison College
- Haywood Community College
- Heritage Bible College
- Isothermal Community College
- ITT Technical Institute Cary
- ITT Technical Institute Charlotte North
- ITT Technical Institute Charlotte South
- ITT Technical Institute Durham
- ITT Technical Institute High Point
- James Sprunt Community College
- Johnson & Wales University Charlotte
- Johnson C Smith University
- Johnston Community College
- King's College
- Laurel University
- Lees McRae College
- Lenoir Community College
- Lenoir Rhyne University
- Living Arts College
- Livingstone College
- Louisburg College
- Mars Hill University
- Martin Community College
- Mayland Community College
- McDowell Technical Community College
- Meredith College
- Methodist University
- Mid Atlantic Christian University
- Miller Motte College
- Miller Motte College Cary
- Miller Motte College Fayetteville
- Miller Motte College Greenville
- Miller Motte College Raleigh
- Miller Motte College Wilmington
- Mitchell Community College
- Montgomery Community College
- Montreat College
- Mount Olive College
- Nash Community College
- New Life Theological Seminary
- North Carolina A & T State University
- North Carolina Central University
- North Carolina State University at Raleigh
- North Carolina Wesleyan College
- Pamlico Community College
- Pfeiffer University
- Piedmont Community College
- Piedmont International University
- Pitt Community College
- Queens University of Charlotte
- Randolph Community College
- Richmond Community College
- Roanoke Chowan Community College
- Robeson Community College
- Rockingham Community College
- Rowan Cabarrus Community College
- Saint Augustines College
- Salem College
- Sampson Community College
- Sandhills Community College
- Shaw University
- Shepherds Theological Seminary
- South College Asheville
- South Piedmont Community College
- Southeastern Community College
- Southwestern Community College
- St. Andrews University
- Stanly Community College
- Surry Community College
- The Art Institute of Charlotte
- The Art Institute of Raleigh Durham
- Tri County Community College
- University of North Carolina at Asheville
- University of North Carolina at Chapel Hill
- University of North Carolina at Charlotte
- University of North Carolina at Greensboro
- University of North Carolina at Pembroke
- University of North Carolina at Wilmington
- University of North Carolina School of the Arts
- University of Phoenix Charlotte Campus
- University of Phoenix Raleigh Campus
- Vance Granville Community College
- Wake Forest University
- Wake Technical Community College
- Warren Wilson College
- Wayne Community College
- Western Carolina University
- Western Piedmont Community College
- Wilkes Community College
- William Peace University
- Wilson Community College
- Wingate University
- Winston Salem State University
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 North Carolina and throughout the nation. Make certain your or your student's interests are protected - Contact National Title IX attorney Joseph D. Lento today.
