Federal law Title IX condemns discrimination “on the basis of sex” within federally funded higher education institutions. According to federal law, sexual misconduct in all of its forms - sexual harassment, sexual assault, dating violence, etc. - is regarded as sex discrimination. Therefore, any actions that constitute sexual misconduct are a violation of Title IX. Colleges and universities must internally adjudicate all alleged instances of sexual misconduct committed by and/or against students.
Schools use the Title IX process to determine potential violations. Throughout an investigation and the entire process, students will undoubtedly need the help 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 anyone they would like to occupy the role of an advisor. The Department of Education and schools think that this right should be extended because both complainants and respondents will need assistance in the complex and oftentimes overwhelming Title IX process. For respondents, choosing the right person to serve as your attorney 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 in the Title IX process is invaluable. An experienced attorney has likely been through the process numerous times and understands what respondents must do to adequately prepare for an investigation or hearing. But most importantly, an attorney can ensure that a respondent's due process rights are protected.
The Title IX Process
- A complaint is filed: Higher education institutions encourage all members of its community to report any alleged instances of sexual misconduct. Virtually anyone can file a complaint, from an alleged victim to spectators and staff.
- Interim measures: if appropriate, a school may choose to implement interim measures to minimize the interactions between respondents and all other involved parties. Measures like a no-contact order, housing rearrangements, class schedule changes, and even restricted access from certain areas of campus are solely imposed upon respondents.
- The investigation: A formal investigation will be conducted by the school. During this period, all involved parties will be thoroughly interviewed for the purposes of collecting information. For many schools, the Title IX process ends here. In these cases, the investigator comes up with a determination based on the facts.
- The hearing: In other schools, Title IX charges are resolved via the hearing process. During a hearing, a panel comprised of students and staff will hear testimony, statements, witness accounts, and the presentation of evidence. Based on the facts, the panel will deliberate and come up with a determination.
- Sanctions: If an investigator or hearing panel determines a respondent is indeed “responsible” for violating Title IX, a range of sanctions may be imposed in response. Respondents have been subject to sanctions involving treatment orders, the removal of scholarships, suspension, and expulsion.
- Appeals: An appeal is a request for a school to reconsider its decision based on an error made at some point during the process. Any party that is dissatisfied with the outcome of an investigation finding or panel decision may file an appeal.
Georgia Title IX Advisor
If you attend a Georgia 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.
Georgia 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:
- Abraham Baldwin Agricultural College
- Agnes Scott College
- Albany State University
- Albany Technical College
- Altamaha Technical College
- American InterContinental University Atlanta
- Andrew College
- Argosy University Atlanta
- Armstrong State University
- Athens Technical College
- Atlanta Metropolitan College
- Atlanta Technical College
- Augusta State University
- Augusta Technical College
- Bainbridge College
- Bauder College
- Berry College
- Beulah Heights University
- Brenau University
- Brewton Parker College
- Brown College of Court Reporting
- Brown Mackie College Atlanta
- Carver Bible College
- Central Georgia Technical College
- Chattahoochee Technical College
- Clark Atlanta University
- Clayton State University
- College of Coastal Georgia
- Columbus State University
- Columbus Technical College
- Covenant College
- Dalton State College
- Darton College
- DeVry University Georgia
- East Georgia College
- Emmanuel College
- Emory University
- Everest Institute Norcross
- Fort Valley State University
- Fortis College
- Gainesville State College
- Georgia Christian University
- Georgia College & State University
- Georgia Gwinnett College
- Georgia Highlands College
- Georgia Institute of Technology Main Campus
- Georgia Military College Atlanta Campus
- Georgia Military College Augusta Campus
- Georgia Military College Columbus Campus
- Georgia Military College Milledgeville Campus
- Georgia Military College Valdosta Campus
- Georgia Military College Warner Robins Campus
- Georgia Northwestern Technical College
- Georgia Perimeter College
- Georgia Piedmont Technical College
- Georgia Southern University
- Georgia Southwestern State University
- Georgia State University
- Gordon College
- Gupton Jones College of Funeral Service
- Gwinnett College Lilburn
- Gwinnett Technical College
- Herzing University Atlanta
- Interactive College of Technology Chamblee
- ITT Technical Institute Atlanta
- ITT Technical Institute Duluth
- ITT Technical Institute Kennesaw
- Kennesaw State University
- LaGrange College
- Lanier Technical College
- Le Cordon Bleu College of Culinary Arts Atlanta
- Life University
- Luther Rice University
- Macon State College
- Mercer University
- Middle Georgia College
- Middle Georgia Technical College
- Miller Motte Technical College
- Miller Motte Technical College Columbus
- Miller Motte Technical College Macon
- Morehouse College
- Moultrie Technical College
- North Georgia College & State University
- North Georgia Technical College
- Oconee Fall Line Technical College
- Ogeechee Technical College
- Oglethorpe University
- Okefenokee Technical College
- Paine College
- Piedmont College
- Point University
- Reinhardt University
- Sanford Brown College Atlanta
- Savannah College of Art and Design
- Savannah State University
- Savannah Technical College
- Shorter University
- Shorter University College of Adult & Professional Programs
- South Georgia College
- South Georgia Technical College
- South University Savannah
- South University Savannah Online
- Southeastern Technical College
- Southern Crescent Technical College
- Southern Polytechnic State University
- Southwest Georgia Technical College
- Spelman College
- The Art Institute of Atlanta
- Thomas University
- Toccoa Falls College
- Truett McConnell College
- University of Georgia
- University of Phoenix Atlanta Campus
- University of Phoenix Augusta Campus
- University of Phoenix Columbus Georgia Campus
- University of Phoenix Savannah Campus
- University of West Georgia
- Valdosta State University
- Virginia College
- Virginia College Augusta
- Waycross College
- Wesleyan College
- West Georgia Technical College
- Westwood College Atlanta Midtown
- Westwood College Northlake
- Wiregrass Georgia Technical College
- Young Harris 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 Georgia and throughout the nation. Make certain your or your student's interests are protected - Contact National Title IX attorney Joseph D. Lento today.
