A charge of sexual misconduct at a college or university can, when connected to an alleged victim's gender, be a Title IX case. The federal law was passed in 1972, originally to prevent gender discrimination in funding within educational institutions.
In recent years, it's become the basis for civil actions around sexual harassment and discrimination and covers behavior including gender discrimination, sexual harassment, sexual violence, and stalking.
What Can Happen if I'm Found Guilty of a Sexual Title IX Violation?
The consequences of a finding of sexual misconduct under Title IX can be nothing short of devastating, resulting in sanctions including suspension and expulsion. They can also be long-lasting, affecting your ability to attend future schools and graduate programs, ultimately impacting your future career.
Why Should I Hire an Attorney/Advisor When I Am Charged?
While policies vary from school to school, many Indiana academic institutions do not allow respondents to avail themselves of counsel during a Title IX investigation, hiring an experienced attorney before the start of an investigation can improve your chances.
While your attorney/advisor cannot cross-examine witnesses in Indiana, they can leverage litigation skills that will help you marshal the facts to build your defense, prepare you for testimony, and coach you on the specifics of how the investigative process works at your college or university.
Finally, because your attorney/advisor is not employed in any way by the academic institution, they bring an objective, clear-eyed perspective to the matter to serve only your interests.
How Exactly Does the Title IX Investigative Process Work in Indiana?
A complaint will consist of the following: the name of the respondent, the date(s) of the alleged incident(s), the location(s) of the alleged incident, a description of the conduct that is alleged to have occurred.
The broad outline of most Title IX inquiries follows a sequence of steps:
- Initial evaluation. Once a school learns of a report of sexual misconduct—which can be reported to the Title IX officer, faculty, campus police, or senior administrative staff—it is obligated to address it as soon as practically possible. At this stage, the school's Title IX officer (or other assigned staff) looks at the initial claim to determine if a full investigation is necessary. If the assigned staff deems the matter sufficiently significant to move forward, they must inform in writing both the complainant and respondent. In the notice, they must describe how the process will move forward from there.
- Investigative phase. In Indiana, a Title IX investigator can be a faculty member or administrator acting as an adjunct, an investigator working full-time by the academic institution, or an independent contractor hired by the school specifically for Title IX matters.
The investigator will: conduct discovery, including interviewing relevant witnesses; review testimony and other evidence collected during discovery; draft and submit a report on the overall investigation, including an analysis of facts as they relate to the school's policies.
- Determination phase. In Indiana, this can proceed one of two ways. At some institutions, the Title IX investigator will weigh the evidence and decide whether the alleged conduct violated Title IX; at others, the investigator's report is submitted to a panel to make the ruling.
When Can the Title IX Officer Dismiss an Accusation?
The Title IX officer (or other designated representatives of the school) will review the complaint and determine if it constitutes behavior that is actionable under Title IX. If it is not, the formal complaint will be dismissed, and the school will be required to provide written notice to both the complainant and the respondent.
A dismissal by the school, however, does not preclude the complainant from pursuing other legal action regarding the alleged incident.
Are There Other Reasons the Claim Can Be Dismissed?
The complaint can be dismissed at the discretion of the Title IX coordinator at any point during an investigation or hearing. Common reasons for such a dismissal are:
- Voluntary withdrawal of the allegations by the complainant in a written notice.
- Status of the respondent. If the respondent is no longer enrolled, employed, or contracted by the school, that means the allegations are outside the scope of Title IX. That said, if the respondent is close to graduation, it can be deferred at the discretion of the Title IX officer.
- Special circumstances that prevent the Title IX investigator from gathering enough evidence to make a clear determination in a case may result in a dismissal.
What Are the Grounds for Appeal?
There are three typical grounds for appeal:
- An irregularity with the procedural process that impacted the decision in the case
- New evidence that comes to light after the ruling; this evidence cannot have been reasonably available before the ruling was made
- Proven bias on the part of anyone who could impact the ruling, including the Title IX staff member(s) and the investigators
What Are the Potential Outcomes of an Appeal?
- The case can be remanded (sent back) to cover once again a part of the process—it could be the whole investigation, the hearing process, or just the findings that lead to sanctions
- The decision-makers will uphold the original decision
- Findings from the original decision are upheld, but the sanctions are adjusted
How Can Joseph D. Lento Help Me in a Title IX Case in Indiana?
Mr. Lento has advised students accused of Title IX sexual misconduct violations in Indiana and across the country.
So much is at stake in these cases—they can affect the rest of his clients' lives, and he fights for them with this in mind. He works every day against the ripple effect of Title IX accusations at colleges and universities throughout the nation.
If you or your child are accused of Title IX transgressions in Indiana, it's in your best interests to secure counsel who will quickly act to help protect your future. Call our office at 888-555-3686 to find the best solution for your case.
Experienced Indiana Title IX Advisor
If you attend an Indiana college or university and have been accused of sexual misconduct, it is imperative that you speak to professional who is dedicated to protecting your academic and professional goals. Contact skilled Title IX advisor Joseph D. Lento today.
Indiana 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:
- Ancilla College
- Anderson University
- Ball State University
- Bethel College Mishawaka
- Brown Mackie College Fort Wayne
- Brown Mackie College Indianapolis
- Brown Mackie College Merrillville
- Brown Mackie College Michigan City
- Brown Mackie College South Bend
- Butler University
- Calumet College of Saint Joseph
- College of Court Reporting Inc.
- Crossroads Bible College
- DePauw University
- DeVry University Indiana
- Earlham College
- Fortis College Indianapolis
- Franklin College
- Goshen College
- Grace College and Theological Seminary
- Hanover College
- Harrison College Anderson
- Harrison College Columbus
- Harrison College Elkhart
- Harrison College Evansville
- Harrison College Fort Wayne
- Harrison College Indianapolis East
- Harrison College Lafayette
- Harrison College Muncie
- Harrison College Northwest
- Harrison College Terre Haute
- Holy Cross College
- Huntington University
- Indiana Institute of Technology
- Indiana State University
- Indiana University Bloomington
- Indiana University East
- Indiana University Kokomo
- Indiana University Northwest
- Indiana University Purdue University Fort Wayne
- Indiana University Purdue University Indianapolis
- Indiana University South Bend
- Indiana University Southeast
- Indiana Wesleyan University
- International Business College
- International Business College Indianapolis
- ITT Technical Institute Fort Wayne
- ITT Technical Institute Indianapolis
- ITT Technical Institute Merrillville
- ITT Technical Institute Newburgh
- ITT Technical Institute South Bend
- Ivy Tech Community College Bloominton
- Ivy Tech Community College Central Indiana
- Ivy Tech Community College Columbus
- Ivy Tech Community College East Central
- Ivy Tech Community College Kokomo
- Ivy Tech Community College Lafayette
- Ivy Tech Community College Northcentral
- Ivy Tech Community College Northeast
- Ivy Tech Community College Northwest
- Ivy Tech Community College Richmond
- Ivy Tech Community College South Central
- Ivy Tech Community College Southeast
- Ivy Tech Community College Southwest
- Ivy Tech Community College Wabash Valley
- Manchester College
- Marian University
- Martin University
- MedTech College
- MedTech College Ft Wayne Campus
- MedTech College Greenwood Campus
- Mid America College of Funeral Service
- Oakland City University
- Purdue University Calumet Campus
- Purdue University Main Campus
- Purdue University North Central Campus
- Rose Hulman Institute of Technology
- Saint Josephs College
- Saint Mary's College
- Saint Mary of the Woods College
- Taylor University
- The Art Institute of Indianapolis
- Trine University
- Trine University Regional/Non Traditional Campuses
- University of Evansville
- University of Indianapolis
- University of Notre Dame
- University of Phoenix Indianapolis Campus
- University of Phoenix Northwest Indiana Campus
- University of Saint Francis Fort Wayne
- University of Southern Indiana
- Valparaiso University
- Vincennes University
- Wabash College
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 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 Indiana and throughout the nation. Make certain your or your student's interests are protected - Contact National Title IX attorney Joseph D. Lento today.
