Is your Nevada student facing unwarranted high school discipline? After years of investing in your student's education, it would be devastating for anything to impact their bright future. If unfounded Title IX allegations destroyed your child's chances of getting into a great college or embarking upon a successful career, that would be - to say the very least - unfair.
Under Title IX, a federal civil rights law, all public schools nationwide must investigate all allegations of sexual harassment and assault. If they fail to do so, they will lose their funding.
As a result, many schools hurry their Title IX cases. Sometimes, these cases result in needlessly severe punishments. If you believe that your child faces false allegations of sexual assault, your first step is to contact a hard-working Title IX and code of conduct legal advisor. The earlier that you can be proactive in protecting your child's rights, the better it will be for your family.
Does Sexual Assault Really Happen in Nevada Schools?
The term ‘Title IX' shows up in national news, often paired with university-level harassment charges and splashy, triggering stories. These stories feel very removed from our own lives. It can be easy to assume that your student, in your specific town, will not have to deal with sexual assault scandals in high school.
Unfortunately, this is not the case. Recently, a Las Vegas student faced charges of sexual assault after an incident at his high school. More than 80% of students in high school report experiencing sexual harassment, notes a report on student assault in Nevada public schools.
Many schools in Nevada have zero-tolerance policies towards violence and sexual assault in a bid to reduce these occurrences. However, this means that “relatively minor acts of violence”, or even just unproven allegations, might be “considered sufficient for expulsion”, says a University of Nevada Las Vegas report on high school violence.
If your child faces allegations of sexual assault, you need to make sure that one accusation does not lead to unwarranted serious punishment. Your child's future may be at risk. Calling an experienced Title IX and code of conduct advisor may be your best chance.
Your NV High School's Duties to Your Child
Title IX is a law that promises to protect your child from all instances of sexual misconduct while in high school. Unfortunately, it's not always clear to your school that they need to protect your child even if they're the one standing accused.
Your child has specific rights to protect them during a Title IX proceeding. According to the Nevada State Legislature, your school must follow a very specific procedure following an allegation of sexual assault. That process includes:
- Proper, written notices from the school to all parties involved;
- Fully-explained rationale for any punishment meted out to your child;
- The fact that your school must send a written summary of all evidence analyzed during an investigation
- That your student or your family has full right to request an appeal of any decisions made by the school within ten days.
The punishments your child may face will vary from school to school. In one Nevada high school, the list of potential recommendations for consequences includes:
- In-school or out-of-school counseling
- Recommendation for another method of schooling
- Reduction of privileges (including school bus privileges, parking spots or driving rights, and participation in extracurricular activities)
- Saturday school
- Behavior essays
- In-school or out-of-school suspension
- Potentially lowered grades as a result of out-of-school suspension
- Work detail
- Referral to law enforcement
- A mandatory behavioral contract
- Probation or expulsion from the school district
- Referral to a disciplinary agency
As you can see, the potential punishments your child may face vary widely - and are severe. Any of these consequences could make your child's life more difficult. Some may have a direct and unfortunate effect on your child's future. You may be able to protect your child's rights and work towards a better outcome by hiring a dependable Title IX and code of conduct advisor as early as you can in your child's case.
Sexual Harassment Definitions in Nevada High Schools
As sexual assault and harassment are such serious offenses, it's a good idea to know their precise definition. According to the Nevada System of Higher Education, sexual harassment can take many forms. They provide the following examples to illustrate that harassment and assault may be subtle or overt:
- Sexual harassment or assault may occur between individuals of the same or opposite sex.
- Sexual harassment or assault may force an individual's participation in an unwanted sexual relationship or act.
- Allegations of sexual assault or harassment may occur after one single, serious event, or after several repeated instances of unwanted behavior.
- If the incident is of a serious enough nature, for example, in the cases of battery and sexual violence, it may meet the criteria for a criminal offense.
- If the victim is unable to consent to a sexual act, that does not reduce the seriousness of the incident.
Every Nevada public high school should have specific prohibited acts listed in their distributed code of conduct. That code of conduct should also include contact information for your school's Title IX coordinator, and the best way to file a complaint.
If you believe your student stands accused of unwarranted sexual assault charges in your NV high school, it is vital that you get involved quickly. Your being proactive in your student's case might make all the difference for your child's future.
An Experienced Title IX and Code of Conduct Advisor
If you and your family are facing a Title IX investigation, it's important to work with an expert. Consult experienced Title IX and Code of Conduct advisor Joseph D. Lento. He has handled hundreds of cases of student misconduct and has unparallled experience with Title IX proceedings. Whether you need assistance with an investigation or your child's case faces adjudication by a hearing, Joseph D. Lento will be able to provide expert guidance. For negotiation and assistance during your child's Title IX process, call the Lento Law Firm at 888-535-3686. Alternatively, fill out our online form to request more information.
Nevada high schools where Joseph D. Lento can help as your child's Title IX advisor during investigations, hearings and appeals include, but are not limited to, the following school districts:
- Carson City School District
- Churchill County School District
- Clark County School District
- Davidson Academy School District
- Douglas County School District
- Elko County School District
- Esmeralda County School District
- Eureka County School District
- Humboldt County School District
- Lander County School District
- Lincoln County School District
- Lyon County School District
- Mineral County School District
- Nye County School District
- Pershing County School District
- State Sponsored Charter Schools
- Storey County School District
- Washoe County School District
- White Pine County School District
It is critical to make certain the Title IX investigation at your child's Nevada high school is handled properly and that the accused student's interests and rights are protected from as early as possible during the sexual misconduct investigative process. One major reason is because even at high 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 high 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 student is found responsible or not responsible for Title IX charges.
Unfortunately, some parents 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 allegations and Title IX charges would not exist.
Fighting passionately for the future of his clients at schools throughout the nation for many years, Joseph D. Lento knows how important it is to mount the strongest defense because he understands that an accused high school student's academic 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, Pennsylvania, 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 attorney advisor to high school students facing sexual misconduct investigations and disciplinary cases in Nevada and throughout the nation. Make certain your or your student's interests are protected - Contact National Title IX attorney Joseph D. Lento today at 888-535-3686.