All allegations of sexual misconduct on college and university campuses must be adjudicated by schools under federal law Title IX. Schools use Title IX resolution process to determine if there has been a violation. An important part of this process is the investigation process.
The Role of an Advisor
People who bring allegations (complainants) and people who respond to them (respondents) have the right to choose anyone they like to serve as their advisor. This right is extended because both parties will need guidance through this complex process. Choosing the right person to be your advisor will make all the difference in a case outcome.
The Benefits of Choosing an Attorney as Your Title IX Advisor
Although respondents can choose anyone to serve as their advisor, it is important that they consider an attorney to take on this role. An experienced attorney has been through this process numerous times and knows the ins and outs. He or she will also be familiar with your rights and will make sure they are being protected and properly exercised.
The Title IX Process
- A complaint is filed: higher education institutions encourage all members of the campus community to report any witnessed, rumored, or experienced instances of alleged misconduct. Therefore, virtually anyone can file a complaint.
- Interim measures: Once a school is notified of an alleged incident, its main priority is to protect the complainant and the rest of the campus from retaliation. If deemed necessary, a school may impose interim measures. Orders to diminish contact, to change a schedule, or to modify housing arrangements are made to severely limit the interactions between a respondent and a complainant.
- The investigation: A formal investigation will be conducted by the school. During this period, the complainant, respondent, witnesses, and other relevant parties will be thoroughly interviewed for purposes of gathering information. Based on the facts collected, the investigator will come up with a finding. At some schools, the Title IX process ends here. A determination of responsibility is assigned without the opportunity for a hearing on the matter.
- The hearing: In schools where Title IX charges are resolved via hearing, this is the final opportunity for both parties to tell their account of the alleged incident.
- Sanctions: If the investigation or hearing panel determines a respondent is “responsible” for violating Title IX, sanctions like treatments, an intervention program, the removal of scholarships, suspension, or expulsion may be imposed upon respondents.
- Appeals: An appeal is a request for schools to reconsider 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.
Virginia Title IX Advisor
If you attend a Virginia 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.
Virginia 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:
- Advanced Technology Institute
- Argosy University Washington D.C.
- Averett University
- Averett University Non Traditional Programs
- Aviation Institute of Maintenance Chesapeake
- Aviation Institute of Maintenance Manassas
- Bethel College
- Blue Ridge Community College
- Bluefield College
- Bon Secours Memorial College of Nursing
- Bridgewater College
- Bryant & Stratton College Hampton
- Bryant and Stratton College Richmond
- Bryant and Stratton College Virginia Beach
- Central Virginia Community College
- Centura College Chesapeake
- Centura College Newport News
- Centura College Norfolk
- Centura College Richmond Main
- Centura College Richmond Westend
- Centura College Virginia Beach
- Chamberlain College of Nursing
- Christopher Newport University
- College of William and Mary
- Dabney S Lancaster Community College
- Danville Community College
- DeVry University Virginia
- Eastern Mennonite University
- Eastern Shore Community College
- ECPI University
- Emory and Henry College
- Everest College Arlington
- Everest College Chesapeake
- Everest College McLean
- Everest College Newport News
- Ferrum College
- Fortis College Norfolk
- Fortis College Richmond
- George Mason University
- Germanna Community College
- Hampden Sydney College
- Hampton University
- Hollins University
- ITT Technical Institute Chantilly
- ITT Technical Institute Norfolk
- ITT Technical Institute Richmond
- ITT Technical Institute Salem
- ITT Technical Institute Springfield
- J Sargeant Reynolds Community College
- James Madison University
- Jefferson College of Health Sciences
- John Tyler Community College
- Liberty University
- Longwood University
- Lord Fairfax Community College
- Lynchburg College
- Mary Baldwin College
- Marymount University
- Miller Motte Technical College Lynchburg
- Mountain Empire Community College
- National College Salem
- New River Community College
- Norfolk State University
- Northern Virginia Community College
- Old Dominion University
- Patrick Henry Community College
- Paul D Camp Community College
- Piedmont Virginia Community College
- Potomac College Herndon
- Radford University
- Randolph College
- Randolph Macon College
- Rappahannock Community College
- Regent University
- Richard Bland College of the College of William and Mary
- Roanoke College
- Saint Pauls College
- Sanford Brown College Tysons Corner
- Shenandoah University
- Skyline College Roanoke
- South University Richmond
- South University Virginia Beach
- Southeast Culinary & Hospitality College
- Southern Virginia University
- Southside Virginia Community College
- Southwest Virginia Community College
- Stratford University
- Sweet Briar College
- The Art Institute of Virginia Beach
- The Art Institute of Washington
- The Art Institute of Washington Northern Virginia
- The University of Virginia's College at Wise
- Thomas Nelson Community College
- Tidewater Community College
- University of Management and Technology (The)
- University of Mary Washington
- University of Phoenix Northern Virginia Campus
- University of Phoenix Richmond Campus
- University of Richmond
- University of Virginia Main Campus
- Virginia College
- Virginia Commonwealth University
- Virginia Highlands Community College
- Virginia Intermont College
- Virginia Military Institute
- Virginia Polytechnic Institute and State University
- Virginia State University
- Virginia Union University
- Virginia University of Lynchburg
- Virginia Wesleyan College
- Virginia Western Community College
- Washington and Lee University
- Westwood College Annandale
- Westwood College Arlington Ballston
- Wytheville Community 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 Virginia and throughout the nation. Make certain your or your student's interests are protected - Contact National Title IX attorney Joseph D. Lento today.
