What is Title IX?
Title IX is a federal civil rights law that prohibits discriminatory acts committed by and against students, staff, and faculty. It provides the following:
“No person in the United States shall, on the basis of sex, be excluded from participation, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.”
This law, in all of its versatility, has been applied to a range of issues, and its enforcement has helped mold colleges and universities into the institutions that they are today. It is particularly known for leveling the playing field for women who seek to play intercollegiate sports. But in recent years, Title IX has been enforced for a more controversial reason: sexual misconduct on college campuses.
Title IX and Sexual Assault
According to Title IX, sexual misconduct - sexual harassment, sexual assault, rape etc. - falls under the realm of gender-based discrimination if it is “so severe, pervasive, and objectively offensive that it effectively bars the victim's access to an educational opportunity or benefit.” Many courts have concluded that most instances of actions that can be categorized as sexual harassment, sexual assault and rape meet that standard.
Schools are obligated to investigate, discipline and assist in convicting students that are found responsible for this crime if an an institution has authority over the accused (you attend the school) or the environment that the perceived event took place (the alleged misconduct took place on campus). If a school fails to act, it could possibly be stripped of federal funding or be forced to pay damages to a victim.
The Advantages of Choosing an Attorney as Your Title IX Advisor
Federal law allows the accuser to choose their own advisor to assist them through these processes. Although there are no limitations as to who can be chosen, it would be in a respondent's best interest to choose someone who will prioritize their best interest.
If you have been accused of sexual assault and have yet to choose an advisor, here are some reasons why you should pick a legal professional to occupy this role:
An attorney will help you prepare for a hearing
An attorney can help an accused student provide a statement, gather witnesses and answer hard questions during a hearing.
An attorney will hold colleges and universities accountable for their actions
An attorney has the authority to write a “litigation hold” letter that warns schools that mistreatment of the accused could lead to a lawsuit.
An attorney will not disclose confidential information
An attorney has no incentive to disclose personal information that you reveal to them about the case. Choosing a school appointed advisor, however, comes with that risk.
Experienced Iowa Title IX Advisor
If you attend an Iowa college or university and are facing allegations of sexual assault, you should immediately consult with a professional dedicated to making certain your interests are protected and that your goals are not impeded. Skilled Title IX advisor Joseph. D. Lento has dedicated his entire career to helping students in your predicament. Contact him today for help.
Iowa 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:
- AIB College of Business
- Allen College
- Briar Cliff University
- Brown Mackie College Quad Cities
- Buena Vista University
- Central College
- Clarke University
- Coe College
- Cornell College
- Des Moines Area Community College
- Divine Word College
- Dordt College
- Drake University
- Eastern Iowa Community College District
- Ellsworth Community College
- Emmaus Bible College
- Faith Baptist Bible College and Theological Seminary
- Graceland University Lamoni
- Grand View University
- Grinnell College
- Hamilton Technical College
- Hawkeye Community College
- Indian Hills Community College
- Iowa Central Community College
- Iowa Lakes Community College
- Iowa State University
- Iowa Wesleyan College
- Iowa Western Community College
- ITT Technical Institute Cedar Rapids
- ITT Technical Institute Clive
- Kaplan University Cedar Falls Campus
- Kaplan University Cedar Rapids Campus
- Kaplan University Council Bluffs Campus
- Kaplan University Davenport Campus
- Kaplan University Des Moines Campus
- Kaplan University Mason City Campus
- Kirkwood Community College
- Loras College
- Luther College
- Maharishi University of Management
- Marshalltown Community College
- Mercy College of Health Sciences
- Morningside College
- Mount Mercy University
- North Iowa Area Community College
- Northeast Iowa Community College Calmar
- Northwest Iowa Community College
- Northwestern College
- Palmer College of Chiropractic Davenport
- Saint Ambrose University
- Simpson College
- Southeastern Community College
- Southwestern Community College
- St Luke's College
- University of Dubuque
- University of Iowa
- University of Northern Iowa
- University of Phoenix Des Moines Campus
- Upper Iowa University
- Vatterott College Des Moines
- Waldorf College
- Wartburg College
- Western Iowa Tech Community College
- William Penn 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 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 Iowa and throughout the nation. Make certain your or your student's interests are protected - Contact National Title IX attorney Joseph D. Lento today.
