Being accused of violating Title IX – the federal law that prohibits sexual discrimination in higher education, particularly through acts of sexual misconduct – can be a big deal because your school's federal funding is tied to how they respond.
Having a lawyer as your Title IX investigation advisor if you have been accused in Wisconsin can make a huge difference in the outcome of your case.
Four Reasons to Appoint a Lawyer as Your Title IX Advisor
There are multiple reasons why the best possible step to take is to appoint an experienced lawyer as your Title IX advisor, rather than a family member, a professor, or a trusted friend:
- The Title IX investigation and hearing process is an adversarial one that lawyers thrive in
- Attorneys build and present cases for a living
- Title IX attorneys are intimately familiar with the investigation process and how it can help or hurt your interests
- Having a lawyer on your side shows your school that you mean business and that they will not get away with trampling on your rights
How Title IX Investigations Happen in Wisconsin
Every college and university in Wisconsin has its own process for handling a Title IX allegation. However, the differences between schools are in the details. Most of them use the following basic process:
- Complaint. The Title IX case begins when someone files a complaint with the school, accusing you of sexual misconduct like stalking, harassment, or assault.
- No-contact orders. Most schools respond to a Title IX complaint immediately by filing a no-contact order against you. This order keeps you from having further contact with the complainant, even if that means changing your class schedule or your housing assignment. At many colleges and universities, the accused will also be subject to other "interim" measures; these measures can include a ban from participation on a sports team and/or in extracurricular activities - both social and academic - in addition to an "interim" suspension which can last the duration of the case in some instances.
- Investigation. Your college will then put their Title IX officer or an independent investigator to the task of verifying the allegations made in the complaint. This typically leads to an interview with you, which can also lead to legal trouble if it does not go well. Many schools will determine responsibility regarding Title IX charges through the course of the investigation. Some schools will proceed to a hearing - using the results of the investigation in large measure at such a hearing.
- Hearing. At colleges and universities which proceed from the "investigation" to a "hearing", the evidence gathered against you will be presented to a panel at the Title IX hearing. This is where most schools use a slightly different process, so having a lawyer on hand can be even more important at this stage than at others.
- Penalties. If the panel determines that you violated Title IX, it will issue sanctions against you. The range of possible sanctions is wide: You can receive a light penalty and just get a warning or can be expelled from school.
- Appeals. You have a right to appeal the severity of the penalty and its relation to the violation. You can also challenge the finding of a Title IX violation, but only if you can point to a defect in the investigation or the hearing process that hurt your ability to present your case.
Wisconsin Title IX Investigation Advisor
Joseph D. Lento is a student discipline attorney who can serve as your Title IX investigation advisor. If you have been accused in the state of Wisconsin, contact him online or by phone at 888-535-3686 for the help you need to fight these serious claims.
Wisconsin 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:
- Alverno College
- The Art Institute of Wisconsin
- Bellin College
- Beloit College
- Blackhawk Technical College
- Bryant and Stratton College Glendale
- Bryant and Stratton College Milwaukee
- Bryant and Stratton College Wauwatosa
- Cardinal Stritch University
- Carroll University
- Carthage College
- Chippewa Valley Technical College
- College of Menominee Nation
- Concordia University Wisconsin
- DeVry University Wisconsin
- Edgewood College
- Fox Valley Technical College
- Gateway Technical College
- Globe University Appleton
- Globe University Eau Claire
- Globe University Green Bay
- Globe University La Crosse
- Globe University Madison East
- Globe University Madison West
- Globe University Wausau
- Herzing University Brookfield
- Herzing University Kenosha
- Herzing University Madison
- ITT Technical Institute Green Bay
- ITT Technical Institute Greenfield
- ITT Technical Institute Madison
- Lac Courte Oreilles Ojibwa Community College
- Lakeland College
- Lakeshore Technical College
- Lawrence University
- Madison Area Technical College
- Madison Media Institute
- Maranatha Baptist Bible College
- Marian University
- Marquette University
- Mid State Technical College
- Milwaukee Area Technical College
- Milwaukee Institute of Art & Design
- Milwaukee School of Engineering
- Moraine Park Technical College
- Mount Mary College
- Nicolet Area Technical College
- Northcentral Technical College
- Northeast Wisconsin Technical College
- Northland College
- Northland International University
- Ripon College
- Saint Norbert College
- Sanford Brown College West Allis
- Silver Lake College of the Holy Family
- Southwest Wisconsin Technical College
- University of Phoenix Madison Campus
- University of Phoenix Milwaukee Campus
- University of Wisconsin Colleges
- University of Wisconsin Eau Claire
- University of Wisconsin Green Bay
- University of Wisconsin La Crosse
- University of Wisconsin Madison
- University of Wisconsin Milwaukee
- University of Wisconsin Oshkosh
- University of Wisconsin Parkside
- University of Wisconsin Platteville
- University of Wisconsin River Falls
- University of Wisconsin Stevens Point
- University of Wisconsin Stout
- University of Wisconsin Superior
- University of Wisconsin Whitewater
- Viterbo University
- Waukesha County Technical College
- Western Technical College
- Wisconsin Indianhead Technical College
- Wisconsin Lutheran 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 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 Wisconsin and throughout the nation. Make certain your or your student's interests are protected - Contact National Title IX attorney Joseph D. Lento today.
