Over the years, higher education institutions have developed a reputation of completely disregarding sexual misconduct allegations. Although Title IX obligates most schools to handle cases of this nature, institutions would opt out of doing so for several reasons. Many higher education institution authorities have and still feel that they haven't been given the right tools to mitigate the intricacies of sexual conflict or the emotional labor that comes along with such crimes. After all, faculty, staff, and administrators are accustomed to reprimanding students for academic offenses, such as plagiarizing and cheating - misconduct that drastically contrasts from that of sexual harassment, sexual assault, and rape. Other reasons may be rooted in a school's best interest, including the need to maintain a crime-free facade in an effort to cater to potential students and professors.
Whatever the reason was for sweeping sexual misconduct accusations under the rug, federal agencies grew tired of the complaints from students and wrote a letter that set the precedent for how school's react to these cases today. In 2011, the Department of Education decided to put immense pressure on federally funded colleges and universities by threatening to strip funding if these cases aren't approached in a way that is “prompt and equitable.” But most schools' reactionary response is more radical than described by the DOE. Schools now hastily and aggressively approach these cases to appease federal agencies and accusers who could possibly take legal action against schools for being neglectful. Oftentimes, in the midst of investigative processes recommended by the DOE, accused students are left at a disadvantage.
Your Rights
It's important that you, as an accused student, understand that you have fewer rights entitled to you as a student, then you would in the criminal justice system. For example, non-student defendants are able to confront their accuser and witnesses you for cross-examination during a hearing, while cross-examinations in student disciplinary action hearings are not recommended. The only way an accuser will be examined is if a school finds the questions you pose to be “appropriate and relevant.” Also, defendants in the criminal justice system are entitled to know all of the charges and evidence brought against you to prepare an adequate defense. School disciplinary action respondents may not receive all relevant information pertaining to your charges, which could limit the way you defend yourself.
Choosing an attorney as your advisor
It's clear that as an accused student, you may be at a disadvantage when it comes to how your school's Title IX processes are applied to your case. This is why it's important to have an attorney by your side to advise you through these processes. Although an attorney may not be able to speak or make comments throughout a hearing, they can still give you advice acquired through their legal expertise and extensive experience. They also have the legal authority to write a “litigation hold” letter that warns schools that mistreatment of the accused could lead to potential legal action.
Experienced Idaho Title IX Advisor
If you attend an Idaho college or university and are facing sexual assault allegations, it is crucial you consult with a knowledgeable dedicated to making certain that your academic and professional goals are not impeded. Skilled Title IX advisor Joseph D. Lento has experience helping students in your exact same predicament, let him help you too. Contact him today.
Idaho 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:
- Boise Bible College
- Boise State University
- Brigham Young University Idaho
- Broadview University
- Brown Mackie College Boise
- College of Southern Idaho
- CollegeAmerica Stevens Henager College
- Eastern Idaho Technical College
- Idaho State University
- ITT Technical Institute Boise
- Lewis Clark State College
- North Idaho College
- Northwest Nazarene University
- Stevens Henager College
- The College of Idaho
- University of Idaho
- University of Phoenix Idaho Campus
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 future 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 Idaho and throughout the nation. Make certain your or your student's interests are protected - Contact National Title IX attorney Joseph D. Lento today.
