Federal law Title IX condemns discrimination “on the basis of sex” in federally funded higher education institutions. Actions that constitute sexual misconduct - sexual harassment, sexual assault, dating violence etc. - are legally regarded as gender discrimination. This means that in compliance with Title IX, colleges and universities must adjudicate all alleged instances of sexual misconduct committed by and/or against students.
The Title IX resolution process is used by institutions to determine if there has been a violation. One of the most vital parts of this process is the investigation period. During this period and the entire process, you'll need the help of another party, known as an advisor, to assist you.
The Role of an Advisor
Individuals who bring allegations (complainants) and people who respond to said allegations (respondents) are granted the right to choose anyone they like to serve as their advisor. This right is extended because both complainants and respondents will undoubtedly need guidance through this complex and emotionally charged process. So, choosing the right person to be your advisor makes all the difference in a case outcome.
The Benefits of Choosing an Attorney as Your Title IX Advisor
It is important for respondents especially to choose an attorney to serve as their advisor. An experienced attorney is truly invaluable in this process. They have been through the Title IX resolution process many times, and are aware of all the details. A lawyer will also protect your rights, and make they are being properly exercised.
The Title IX Process
- A complaint is filed: Colleges and universities encourage all members of the campus community to report all instances of witnessed, rumored, or experienced sexual misconduct. Therefore, virtually anyone can file a complaint, from an alleged victim to spectators and other students and staff.
- Interim measures: Once a school is notified of a complaint, the main priority is to protect a complainant and the rest of the community from harm. If a school deems it appropriate, measures like a no-contact order, housing modifications, schedule changes and more are imposed to severely limit the interactions between a respondent and complainant.
- The investigation: A formal investigation will be conducted by the school. During this period, all parties involved will be interviewed for purposes of collecting information. At some schools, the process ends after this period.
- The hearing: In schools where Title IX charges are resolved via hearing, this is the final opportunity for both parties to share their account of the alleged incident. Based on statements, witness accounts, cross-examinations (with parameters), and findings, a panel will deliberate and come up with a determination.
- Sanctions: If an investigator or hearing panel determines a respondent is “responsible” for violating Title IX. Sanctions like treatments, an intervention program, scholarship removal, suspension, or expulsion have been imposed upon respondents.
- Appeals: An appeal is a request for schools to reassess its decision due to an error made at some point during the process. If any party is dissatisfied with the outcome of an investigation or recommended sanction, he or she may file an appeal - a process in and of itself.
Massachusetts Title IX Advisor
If you attend a Massachusetts 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.
Massachusetts 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:
- American International College
- Amherst College
- Anna Maria College
- Assumption College
- Babson College
- Bard College at Simon's Rock
- Bay Path College
- Bay State College
- Becker College
- Benjamin Franklin Institute of Technology
- Bentley University
- Berklee College of Music
- Berkshire Community College
- Boston Architectural College
- Boston Baptist College
- Boston College
- Boston University
- Brandeis University
- Bridgewater State University
- Bristol Community College
- Bunker Hill Community College
- Cambridge College
- Cape Cod Community College
- Clark University
- College of Our Lady of the Elms
- College of the Holy Cross
- Curry College
- Dean College
- Eastern Nazarene College
- Emerson College
- Emmanuel College
- Endicott College
- Fisher College
- Fitchburg State University
- Framingham State University
- Franklin W. Olin College of Engineering
- Gordon College
- Greenfield Community College
- Hampshire College
- Harvard University
- Hellenic College Holy Cross Greek Orthodox School of Theology
- Holyoke Community College
- ITT Technical Institute Norwood
- ITT Technical Institute Wilmington
- Laboure College
- Lasell College
- Lawrence Memorial Hospital School of Nursing
- Le Cordon Bleu College of Culinary Arts
- Lesley University
- Longy School of Music
- Marian Court College
- Massachusetts Bay Community College
- Massachusetts College of Art and Design
- Massachusetts College of Liberal Arts
- Massachusetts College of Pharmacy and Health Sciences
- Massachusetts Institute of Technology
- Massachusetts Maritime Academy
- Massasoit Community College
- Merrimack College
- Middlesex Community College
- Montserrat College of Art
- Mount Holyoke College
- Mount Ida College
- Mount Wachusett Community College
- New England College of Business
- Newbury College Brookline
- Nichols College
- North Shore Community College
- Northeastern University
- Northern Essex Community College
- Pine Manor College
- Quincy College
- Quinsigamond Community College
- Regis College
- Roxbury Community College
- Saint John's Seminary
- Salem State University
- Sanford Brown College Boston
- School of the Museum of Fine Arts Boston
- Simmons College
- Smith College
- Springfield College
- Springfield Technical Community College
- Stonehill College
- Suffolk University
- The Boston Conservatory
- The New England Conservatory of Music
- The New England Institute of Art
- Tufts University
- University of Massachusetts - Amherst
- University of Massachusetts - Boston
- University of Massachusetts - Dartmouth
- University of Massachusetts - Lowell
- University of Phoenix - Boston Campus
- Urban College of Boston
- Wellesley College
- Wentworth Institute of Technology
- Western New England University
- Westfield State University
- Wheaton College
- Wheelock College
- Williams College
- Worcester Polytechnic Institute
- Worcester State University
- Zion Bible 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 Massachusetts and throughout the nation. Make certain your or your student's interests are protected - Contact National Title IX attorney Joseph D. Lento today.
