The Las Vegas metro area is one of the most interesting and culturally diverse metro areas in the US. It has a vibrant tourism industry, but the area has so much more to offer. Few US cities can claim an arts scene as quietly refined as Henderson, and the area has so many traditions and cultural events. The area is also home to some of the best colleges in the US. For many Nevada students, however, the dream of an education in the Las Vegas metro area becomes a nightmare when they are accused of a Title IX violation.
If you face a grievance or charge under Title IX, you need strong, effective legal help. The Title IX enforcement landscape is always uncertain and evolving. Different presidential administrations and state legislatures have attempted to change the procedures and protections of Title IX. It takes experience to understand how to represent Title IX defendants in this environment effectively. The Lento Law Firm is a nationwide Title IX defense firm with a proven track record of successfully defending clients against Title IX accusations. Call the Lento Law Firm at (888) 535-3686 or leave your details online, and we will contact you.
What is Title IX?
In 1972, the US Congress passed a series of amendments to the Higher Education Act to promote the equal treatment of women in colleges and universities. These amendments have, over time, become known as Title IX. It may surprise you to learn that Title IX does not explicitly mention sports, although this law symbolizes equal treatment in sports between men and women.
As Title IX has evolved, it has become broader and broader. Sometimes, that is a good thing, but the expansion of Title IX protections has often put those accused of violating the law in compromised positions. Today, Title IX is the primary method for remedying alleged sex-based discrimination and sexual assault or violence on college campuses.
The unfortunate reality of changes in Title IX enforcement is that individuals accused of violations face severe consequences with limited protections. So, anyone accused of misconduct under Title IX needs experienced counsel. The Lento Law Firm has extensive experience representing Nevada students accused of Title IX violations.
Many Campuses Are in Crisis Over Title IX Enforcement
The colleges and universities in the Las Vegas metro area typically wish to comply with federal laws, including Title IX. But in the last few years, enforcement of Title IX has become so politically charged and changing that many colleges don't know how to comply. Colleges may try to hire staff and train volunteers, but this training often involves the reality that no one on campus understands Title IX requirements. Title IX policies and procedures have not kept up with legal developments for many colleges. It should not be the job of any Title IX respondent to educate a college bureaucracy on the protection for those accused, but it often is.
The Lento Law Firm understands how to resolve complaints successfully. We aim to protect our clients through a vigorous Title IX defense strategy and don't mind educating college officials on current developments that can help their cases.
Title IX Process and Hearings
Most Nevada colleges and universities have a Title IX process that offers informal resolutions such as mediation. If informal resolution is unsuccessful, the matter will typically proceed to a formal grievance process and a hearing. The Lento Law Firm typically seeks early resolution of cases through negotiation. We are particularly strong in using our contacts and willingness to fight hard to resolve charges early. If this informal process is unsuccessful, the Lento Law Firm will counsel clients at the Title IX hearing and any subsequent appeal. The Lento Law Firm has represented countless numbers of students at formal Title IX hearings. This hearing may be your best chance to tell your side of things and protect your reputation. Though the exact process varies from campus to campus, the Lento Law Firm can assist with your best defense to allegations.
Title IX in Nevada Public Colleges
The Nevada System of Higher Education (NSHE) member schools are covered by the NSHE Title IX Policy. This policy provides the definitions and standards for sexual harassment under Title IX for Nevada state colleges and universities. It is a gross understatement to note that this policy is extraordinarily hard to read and understand. Anyone looking for answers in this document should note that it contains several different processes depending on the party's status.
NSHE Title IX Procedures
If a student at an NSHE college is either the complainant or a respondent to a Title IX charge, formal Title IX procedures must be used. This includes provision for investigation, hearing, and sanction procedures if sex-based harassment under Title IX is alleged in the complaint.
NSHE policy has four subsections:
- Subsection A describes unlawful discrimination and harassment that does not constitute a Title IX violation.
- Subsection B describes procedures for unlawful discrimination that do not constitute sex discrimination under Title IX.
- Subsection C sets forth Title IX policy and defines sexual harassment covered by Title IX.
- Subsection D sets forth the Title IX procedures for complaints that state Title IX violations. This procedure varies depending on whether a student is the complainant or the respondent.
If you face a Title IX grievance at a Nevada public college or university, the complaint will follow the procedure in Subsection D.
NSHE Definition of Sexual Harassment
For NSHE member schools, the definition of “hostile work environment harassment” includes “unwelcome conduct on the basis of sex that, based on the totality of the circumstances, is subjectively and objectively offensive.” Additionally, it must be “so severe or pervasive that it limits or denies a person's ability to participate in or benefit from the institution's educational programs and activities.” This depends on the type, duration, and severity of conduct and the ages and roles of the people involved.
Title IX Offenses
Under the NSHE policy statement, specific offenses violating Title IX in Nevada include:
- Sexual assault.
- Rape.
- Fondling without consent.
- Incest.
- Statutory rape.
- Dating violence.
- Domestic violence.
- Stalking.
Additionally, a hostile work environment, as described in the previous section, violates Title IX, but the policy sets a high standard.
NSHE Title IX Procedures Where a Student is Complainant or Respondent
A Title IX complaint at an NSHE school will involve a formal grievance process involving sequential steps:
Step One: Written Notice of Allegations. This should take place before any initial interview. The Notice should include the specific conduct alleged as well as the time and date and other information that is available. Both parties are entitled to equal access to information, and the policy states that the respondent is presumed innocent of the allegations until they are established. Both parties have a right to an advisor, and both parties are prohibited from making false statements.
Step Two: Decision on Dismissal of the Complaint. The university may dismiss complaints if it determines that the allegations in the complaint do not establish a Title IX violation, even if proven, or if the complainant withdraws the complaint.
Step Three: Investigation. This investigation should be impartial and adequate. The respondent must be told in advance of the basis of this complaint in time to prepare a response before an initial interview. The parties or their advisors must have full and equal access to evidence.
Step Four: Hearing. The university must hold a “live hearing” (which can be in person or remote but must be in real-time), and the hearing officer must not have previously been an investigator or Title IX coordinator. The parties are expected to prepare questions that the hearing officer may ask.
Step Five: Determination. The hearing officer will determine whether a Title IX violation occurred, which the university must provide to the parties.
Step Six: Sanctions or Remedies. The university may impose a sanction if the hearing officer finds a violation. The determination and sanctions become final if not appealed within the time provided.
Step Seven: Appeal. Either party may seek an appeal within seven business days.
Title IX proceedings should remain confidential under the Family Educational Rights and Privacy Act (FERPA). However, the policy contains a number of situations in which the university can disclose information.
Disciplinary Sanctions
Following a determination that sex-based harassment occurred, an institution may impose disciplinary sanctions, including:
- Formal Reprimand.
- Suspension.
- Expulsion.
- Referral to law enforcement.
Anyone accused of a Title IX violation should secure legal counsel as soon as possible. The consequences of a Title IX complaint can be devastating in Nevada, so don't try to “go it alone.” The Lento Law Firm has a proven track record in Title IX defense, so call us today.
Informal Resolution of Complaints
The NSHE policy encourages informal resolution of complaints. The parties may agree to engage in informal dispute resolution of the complaint, which may involve informal mediation and attempted reconciliation. The Lento Law Firm will always seek to end the Title IX process early through negotiation and informal dispute resolution.
Title IX at the University of Nevada-Las Vegas
The Title IX Coordinator oversees all Title IX issues at the University of Nevada Las Vegas (UNLV), together with the Deputy Coordinators. UNLV follows the NSHE procedures for investigation and hearings.
Title IX at Nevada State College (NSC)
Nevada State College (NSC) follows the NSHE procedures in Title IX investigations and hearings. NSC posts training materials for its Title IX decision-makers, which may be helpful in preparing for a hearing. NSC also publishes its training materials for Title IX investigators, which are helpful in preparing for the initial interview.
Title IX at College of Southern Nevada
The College of Southern Nevada (CSN) follows the NSHE procedures for Title IX investigations and hearings. CSN posts training materials for its Title IX decision-makers, which may help prepare for a hearing. CSN also publishes its training materials for Title IX investigators. These materials are helpful in preparing for the initial interview.
Title IX at the Arizona College of Nursing/Las Vegas Campus
Arizona College of Nursing has a Title IX formal grievance process. This process begins with a notice of allegations to the respondent, with sufficient information to prepare for an interview. The Arizona College of Nursing will conduct an investigation, during which it will take “reasonable steps” to protect the parties' privacy. The Arizona College of Nursing maintains that after an “investigation and evaluation of all relevant…evidence,” the college will determine whether a violation occurred by a “preponderance of the evidence standard.” When either the complainant or the respondent is a student, Arizona College of Nursing will provide a “live hearing” at its initiative or after a party's request. The policy is vague on whether this hearing is a right and states that the decision not to provide a hearing is not subject to appeal. Anyone facing a Title IX accusation at Arizona College of Nursing should secure experienced counsel. The Lento Law Firm accepts clients throughout Nevada and Arizona.
Title IX at the University of Phoenix-Las Vegas Campus
The University of Phoenix has a formal Title IX coordinator and process, including at the Las Vegas campus. It publishes training materials for decision-makers and investigators on this page.
Premier Title IX Defense in Las Vegas Metro Area
Whether you attend a Nevada state university or a private college, learning that someone has made a Title IX complaint against you is devastating. The Lento Law Firm Student Defense Team can help you defend yourself and prepare for this difficult time. We have represented countless people accused under Title IX with a proven track record. We are experienced and up to date on the variations in the Title IX process and procedure between states and schools. With Title IX in such an evolving state, anyone facing Title IX charges must have an experienced attorney. Call the Lento Law Firm at (888) 535-3686 or leave your details online, and we will contact you.
