It's easy to imagine that sexual discrimination and assault proceedings in North Carolina are primarily college issues, or issues pertaining to adults. After all, North Carolina's Meredith College recently came into the limelight because of a recent change in North Carolina's sexual consent laws.
On a national level, we are accustomed to hearing about violence and discrimination in postsecondary education. However, the demographics of those involved with discrimination or assault cases at schools, or Title IX cases, have grown to include a younger age group.
Title IX Cases in NC Public High Schools
Title IX cases and proceedings can occur anywhere, even in public high schools. Local news recently reported that a high school student in Alamance County in North Carolina is facing charges for a sex offense. Student-on-student sexual assaults are an unfortunate reality. When one student makes an allegation of assault against another, that is a very serious occurrence. Schools must treat all allegations with promptness and respect.
However, this does not mean that accusations of sexual misconduct are always true. It also does not mean that the processes following an accusation treat all involved parties fairly.
Title IX accusations are often complicated and confusing. If you're suddenly educating yourself on these matters while guiding your child through an upsetting time, know that there is a better way.
Title IX: A Law Enacted to Protect Education for All
Title IX protects students in all federally-funded public schools from sexual discrimination. Over 45 years ago, the federal government enacted this law as part of the Education Amendments of 1972 (“Title IX”), 20 U.S.C. §1681 et seq. Originally, the primary focus of Title IX was to ensure that no individual was subject to sex-based discrimination in regards to educational admissions, athletics, or other decisions.
The past few decades have seen an expansion of Title IX legislation. Now, any school which receives federal funding follows Title IX concerning matters of sexual misconduct. This includes public universities and colleges as well as public K-12 schools.
Title IX cases have recently been on the rise, according to at least one study. Not only that: these cases are everywhere—even in your state. For example, a Title IX advocacy group recently highlighted North Carolina for failing to maintain gender equity in high school sports rosters.
North Carolina Title IX Administrative Proceedings
Title IX proceedings in North Carolina high schools may be particularly lax. One North Carolina public school district's posted procedures note that, in regards to discrimination, “complaints may be resolved informally”.
For complaints of sexual assault, the principal of the school in question must launch an investigation. However, it's only written into the Title IX process that the school will work with the accuser—not the accused. While it's documented that North Carolina schools must explain their procedures to the complainant, there is no documented course for the care of the accused.
There is, fortunately, a law in place that states that the school needs to keep both the accuser and accused informed at all times during an investigation.
Unfortunately, that only applies to colleges and universities.
Because it's usually in the best interest of North Carolina high schools to keep Title IX proceedings quiet and quick, your student might miss lots of crucial information during the investigative process. This can result in an incredibly damaging and unfair treatment of your child.
Keeping Your NC School Accountable to Your Child's Welfare
It can be particularly devastating to go through rushed Title IX proceedings by your school. You've likely spent years investing in your school district, and you've entrusted your child's school to help them grow. Now, if your school is pursuing rushed and even aggressive timelines for Title IX processes against your child, you can feel hurt or even betrayed.
The best thing you can do to protect your child and ensure that their rights are not infringed upon is to know their rights. Unfortunately, your school may have incentives to rush the process, which can result in your child's rights disappearing.
If you work with reliable legal assistance, you can work to make sure that your child receives fair treatment. Wondering in what ways your school might treat your child unfairly during a Title IX case? Your school may:
- Fail to provide your child with a written, accurate, and comprehensive statement of the allegations against them
- Fail to provide all parties concerned with a thorough investigative report
- Fail to provide an unbiased decision-maker of all disciplinary matters
- Fail to make sure that the hearing, if offered, is fully fair
- Fail to make sure that any interested party has the opportunity to submit questions in writing—and fail to deliver those questions to all interested parties
- Fail to provide an opportunity to appeal
In most legal processes, the accused stands innocent until proven guilty. In Title IX cases, schools may not offer all parties this consideration. If your child stands accused of sexual misconduct, it is vital to work with legal experts to make sure that your student's Title IX case proceeds in a fair, unbiased manner.
Call Lento Law Firm to Work With an Experienced Legal Advisor
If you're looking for assistance during this trying time, you need the experience and expertise of an empathetic, efficient law firm. Joseph D. Lento has been able to resolve Title IX cases for hundreds of students across the country. Whether you need a successful resolution through the investigative process or assistance with a case with a hearing, Joseph D. Lento will be proud to assist.
To receive top-tier legal aid for a Title IX high school investigation in North Carolina, give the Lento Law Firm a call at 888-555-3686. Alternatively, you can contact our team through our online form.
North Carolina 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:
A
- Alamance-Burlington Schools
- Alexander County Schools
- Alleghany County Schools
- Anson County Schools
- Ashe County Schools
- Asheboro City Schools
- Asheville City Schools
- Avery County Schools
B
- Beaufort County Schools
- Bertie County Schools
- Bladen County Schools
- Brunswick County Schools
- Buncombe County Schools
- Burke County Schools
C
- Cabarrus County Schools
- Caldwell County Schools
- Camden County Schools
- Carteret County Public Schools
- Caswell County Schools
- Catawba County Schools
- Chapel Hill-Carrboro Schools
- Charlotte-Mecklenburg Schools
- Chatham County Schools
- Cherokee County Schools
- Clay County Schools
- Cleveland County Schools
- Clinton City Schools
- Columbus County Schools
- Craven County Schools
- Cumberland County Schools
- Currituck County Schools
D
- Dare County Schools
- Davie County Schools
- Duplin County Schools
- Durham Public Schools
E
- Edenton-Chowan Schools
- Edgecombe County Schools
- Elizabeth City-Pasquotank Schools
- Elkin City Schools
F
- Winston-Salem/Forsyth County Schools
- Franklin County Schools
G
- Gaston County Schools
- Gates County Schools
- Graham County Schools
- Granville County Schools
- Greene County Schools
- Guilford County Schools
H
- Halifax County Schools
- Harnett County Schools
- Haywood County Schools
- Henderson County Schools
- Hertford County Schools
- Hickory City Schools
- Hoke County Schools
- Hyde County Schools
I
- Iredell-Statesville Schools
J
- Jackson County Schools
- Johnston County Schools
- Jones County Schools
K
- Kannapolis City Schools
L
- Lee County Schools
- Lenoir County Public Schools
- Lexington City Schools
- Lincoln County Schools
M
- Macon County Schools
- Madison County Schools
- Martin County Schools
- McDowell County Schools
- Mitchell County Schools
- Montgomery County Schools
- Moore County Schools
- Mooresville Graded Public School District
- Mount Airy City Schools
N
- Nash-Rocky Mount Schools
- New Hanover County Schools
- Newton-Conover City Schools
- Northampton County Schools
O
- Onslow County Schools
- Orange County Schools
P
- Pamlico County Schools
- Pender County Schools
- Perquimans County Schools
- Person County Schools
- Pitt County Schools
- Polk County Schools
R
- Randolph County Schools
- Richmond County Schools
- Roanoke Rapids Graded School District
- Robeson County Schools
- Rockingham County Schools
- Rowan-Salisbury Schools
- Rutherford County Schools
S
- Sampson County Schools
- Scotland County Schools
- Stanly County Schools
- Stokes County Schools
- Surry County Schools
- Swain County Schools
T
- Thomasville City Schools
- Transylvania County Schools
- Tyrrell County Schools
U
- Union County Public Schools
V
- Vance County Schools
W
- Wake County Public School System
- Warren County Schools
- Washington County Schools
- Watauga County Schools
- Wayne County Public Schools
- Weldon City Schools
- Whiteville City Schools
- Wilkes County Schools
- Wilson County Schools
Y
- Yadkin County Schools
- Yancey County Schools
It is critical to make certain the Title IX investigation at your child's North Carolina 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 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 North Carolina and throughout the nation. Make certain your or your student's interests are protected - Contact National High School Title IX Attorney Joseph D. Lento today at 888-535-3686.
