Federal law dictates that college students involved in campus sexual assault cases - whether they are the accused or the accuser - should be able to choose an advisor to assist them with grievance processes, investigations, and hearings. Students are given the freedom to choose anyone they would like. However, past cases prove that hiring a lawyer to occupy the role of an advisor warrant the best results.
Here is a list of benefits that legal professionals offer you when they are chosen to serve as an advisor for an accused student:
Keeping Colleges and Universities Accountable
Each higher education institution is required to have designated rules and guidelines located in their code of conduct and student handbook that refer to how Title IX processes will be carried out. A student facing sexual assault allegations should be able to check these accessible resources and see that their school has been closely following their own enforced regulations. However, that is not always the case. During school processes, institutions have been caught straying from their own set of rules and partaking in behavior that could be categorized as questionable. Accused students in previous cases have filed lawsuits listed their school as a defendant after witnessing their school destroy evidence that would prove to be valuable to their individual investigation and case.
However, hiring an attorney to serve as your Title IX advisor could prevent schools from exhibiting this behavior. Most schools are aware that attorneys have the authority to send a “litigation hold” letter to school administrators, reminding them that the school could be sued if it refuses to preserve evidence and abide by its own regulations. Having an attorney as an advisor sends a message to schools that you take these allegations seriously and are willing to fight tooth and nail to protect the rights that are entitled to you as a student.
A Thorough Investigation
The investigation period is one of the most crucial parts of a school's process. This is an accused student's only chance to gather witnesses, draft a solid statement and collect evidence that supports their account of the incident that occurred. The reality is that the majority of college students have very little experience conducting an investigation. Therefore, they may not get all of the information they need out of this process to maximize their chances of a favorable outcome during a hearing.
But in the event that a respondent chooses to hire a legal professional as his or her advisor, they will most likely get more out of this process than they would if they investigated alone or chose another person to advise them. Lawyers who have any amount of trial experience have most likely undergone investigation processes enough times to be able to identify the information needed to support their client's case and to ask the right questions to witnesses in order to obtain this information.
Extensive Knowledge of Title IX Processes
Students are entitled to a number of rights and protections under Title IX. A legal professional who is hired to be an advisor should be well aware of Title IX processes, as well as the state and federal legislation that govern this process. In order to ensure that these primary rights and protections are not stripped from the accused, he or she should hire an attorney as their advisor.
Experienced Delaware Title IX Advisor
If you are a student who has been accused of sexual assault in the state of Delaware, you should immediately consult with an advisor who is devoted to making sure you get a favorable outcome. A professional serving as an advisor is dedicated to protecting your interests and will be able to assist you every step of the way, helping you avoid pitfalls while ensuring you take all the appropriate steps to present your case in a way that is most effective. Title IX advisor Joseph D. Lento is here to help - contact him today.
Delaware colleges and universities where Joseph D. Lento can help as your or your student's Title IX advisor during investigations, hearings, and appeals include, but are not limited to, the following schools:
- Delaware College of Art and Design
- Delaware State University
- Goldey–Beacom College
- University of Delaware
- Wesley College
- Widener University–Delaware Campus
- Wilmington University
Title IX violations and Title IX charges can change an accused student's life if not defended against properly and as early as possible during the disciplinary process, and Joseph D. Lento has nearly a decade of experience passionately fighting for the futures of his clients at universities and colleges throughout the nation. He does not settle for the easiest outcome, and instead prioritizes his clients' needs and well-being. Joseph Lento is a licensed attorney in Pennsylvania and New Jersey, 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 disciplinary cases in Delaware and throughout the nation. Make certain your or your student's interests are protected - Contact National Title IX attorney Joseph D. Lento today.