In April of 2024, the Department of Education approved New Title IX rules, which are scheduled to take effect on August 1, 2024. Our firm is closely monitoring ongoing challenges to these new rules in court, and is working hard to provide you the most up-to-date information. Click here to learn about the current state of Title IX and how we can help if you are facing accusations.
There are now 28 colleges and universities in New Hampshire with an annual student enrollment of an estimated 120,000 students. The majority of U.S. schools are required to comply with the Title IX Educational Amendments of 1972. The fundamental principle is that no person shall be “excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.”
Title IX seeks to prevent sexual harassment such as unwelcomed behavior including requests for sexual favors or other verbal or nonverbal acts. Incidents of gender-based harassment may involve unwanted conduct based on the victim's “actual or perceived sex.” It also applies to sexual violence where an unwilling victim is subjected to physical actions of a sexual nature. These may include acts of rape or coercion.
Right to Equal Treatment
Institutions are required to treat parties to Title IX proceedings equitably regardless of sex. Discrimination is prohibited in admissions, educational opportunities, athletic participation, financial benefits, and more. The school will designate a Title IX Coordinator that is responsible for the compliance and development of the written policies and procedures.
All students, faculty, and others must be able to access the institution's policy guidelines and have multiple ways of filing complaints or grievances. Upon receiving a complaint, the administration should promptly respond and investigate. The process must be free of conflicts of interest and bias. The same rules and privileges should apply to all parties.
Disciplinary Process
Educational institutions do have some flexibility in structuring their disciplinary process. Some of the common aspects are as follows:
- The accused party is to be afforded sufficient time to prepare for answering the allegations
- Many schools summon all parties to a hearing
- The parties involved are typically able to choose an advisor to accompany them to proceedings and provide assistance
- The advisor may or may not be an attorney
- Rulings (decisions) may be the responsibility of the Title IX Coordinator, other administrator or a hearing panel
Allegations Made Against LGBTQ Students
LGBTQ student respondents may feel isolated and vulnerable when the subject of these proceedings. Fears may surface that investigators will make assumptions of guilt based on false characterizations and lingering stereotypes. In these instances, students are encouraged to speak with an attorney that is familiar with these matters about working in an advisory role.
Basis of Title IX Complaints Relating to LGBTQ Students (2010 to 2018)
|
Alleged acts of sexual harassment |
56.9% |
|
Related to exclusion, denial or differential treatment |
20.1% |
|
Harassment related to gender (non-sexual) |
19.5% |
|
Acts of retaliation |
4.5% |
|
Other discipline-related acts |
1.9% |
The allegations may be proven by a preponderance of the evidence or a clear and convincing evidentiary standard. Significant penalties may be imposed on those found to have committed violations. These commonly include suspension or expulsion from the institution. In part because of what is at stake and what is involved in such proceedings, an experienced attorney can protect an accused student's rights and interests throughout all stages of the proceedings including during the investigation, if a hearing is convened, and if an appeal becomes necessary.
Attorney Serves as an Advisor for Students in New Hampshire Title IX Disciplinary Matters
Have you been informed that you are the subject of allegations related to Title IX such as sexual misconduct in New Hampshire? With the potential for long-term consequences, students are encouraged to seek legal representation. Joseph D. Lento is an attorney that will represent you in these actions and pursue a positive outcome. Please feel free to contact the office at (888) 535-3686.
New Hampshire colleges and universities where Joseph D. Lento can help as your or your gay or lesbian student's Title IX advisor during investigations, hearings, and appeals include, but are not limited to, the following schools
- College of Southern Nevada
- DeVry University Nevada
- Everest College Henderson
- Great Basin College
- International Academy of Design and Technology Henderson
- ITT Technical Institute Henderson
- ITT Technical Institute Las Vegas
- Le Cordon Bleu College of Culinary Arts Las Vegas
- Morrison University
- Nevada State College
- Sierra Nevada College
- The Art Institute of Las Vegas
- Truckee Meadows Community College
- University of Nevada Las Vegas
- University of Nevada Reno
- University of Phoenix Las Vegas Campus
- University of Phoenix Northern Nevada Campus
- Western Nevada College
Approximately 10% of college students in the United States identify as gay, lesbian, bisexual, trans, or questioning according to studies and LGBTQ+ students should not feel alone when accused of sexual misconduct. As importantly, they should they not face such burdens alone or without the necessary support and guidance.
The reason LGBTQ+ students should not go through the Title IX process alone is because, as with all students accused of sexual misconduct, Title IX allegations and charges can change an accused student's life if not defended against properly and as early as possible during the disciplinary process. It is critical to have a dedicated and experienced advocate when facing a challenge in life and Joseph D. Lento has more than a decade of experience passionately fighting for the future of LGBTQ+ students 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 and New York and serves as a Title IX advisor to students facing Title IX and disciplinary cases in New Hampshire and throughout the nation. Make certain your or your student's interests are protected - Contact National Title IX attorney Joseph D. Lento today at 888-535-3686.
