What's the first thing to do if you should find yourself accused of a Title IX sexual misconduct violation? Get help and get it as fast as you can. Title IX is a complex law and is often difficult to navigate. The procedures can be tricky, and while those procedures are designed to protect your due process rights, not every school follows the letter of the law as it should. You need someone on your side who can keep them honest, someone who knows how things should work and can hold them accountable.
The good news is Title IX guidelines allow you to choose an advisor, someone to help you prepare your defense. Even better: that advisor can be an attorney. You should know, though, that when it comes to Title IX, not all attorneys are created equal. A local or family attorney may mean well, and they may have your very best interests at heart, but they won't have the skills to deal with your case. Only a qualified Title IX attorney will have those.
Title IX Investigations
Title IX cases have two parts: An investigation and a hearing. Your Title IX attorney can help advise you during both.
The investigative portion is designed to gather the basic facts of the allegation.
- Title IX cases originate with your school's Title IX Coordinator. Right from the start, a Title IX attorney can make sure that this official respects your rights and understands your side of the situation.
- When a Coordinator officially charges you, they must provide you with written notice. Your advisor can make sure they do so and make sure the notice includes all the information it should. For instance, you should be told who the complainant is and given all of the important details of the allegation. Notice should also make clear that you should be presumed “not responsible” (innocent) until proven otherwise.
- The investigation itself will be conducted by an Investigator appointed by the Coordinator. Your attorney can investigate this individual's credentials to make sure they don't have a conflict of interest or an inherent bias.
- The Investigator meets with both sides in the case. You should be able to bring your advisor with you to any and all meetings. They may not be able to speak on your behalf, but they can offer guidance and support as you answer questions.
- The Investigator is also responsible for collecting any physical evidence and interviewing any witnesses. Here again, your advisor can draw this person's attention to any materials they may have missed.
- Finally, at the conclusion of the investigation, the Investigator must complete a full report on their findings. Both you and the complainant have the right to read this report and to suggest revisions. A Title IX attorney can make sure you don't miss anything in this report, that your revisions are all carefully worded, and that the Complainant's suggested revisions don't damage your case.
Title IX Hearings
During the hearing portion of the case, one or more “decision-makers” will review the facts and determine whether or not you are responsible for a violation. You might think of this portion as similar to a court case. What happens here differs in many ways from what happens in an actual court of law, but one thing that is definitely the same: you need the best representation you can get.
- Much like a judge, a Hearing Official presides over all the proceedings. They make decisions about what evidence may be introduced and what kinds of questions may be asked of witnesses. Hearing officials are usually just members of the school's faculty and staff. They can and do make mistakes in how they run Title IX hearings. One thing a Title IX attorney can do is help limit these mistakes.
- Schools differ on just how much an advisor may be involved during the hearing itself. Your advisor may be able to represent you throughout the hearing, or their role may be limited. The one job the school must allow your advisor to do is question witnesses and cross-examine the complainant.
- At the conclusion of the hearing, the Hearing Officer or a panel of decision-makers deliberate and render their findings. In contrast to actual criminal proceedings, they don't have to find you responsible “beyond a reasonable doubt.” Instead, they use the far less strict standard, “preponderance of evidence.” According to this standard, they must find you responsible if they believe it is “more likely than not” that you committed a violation.
Finally, either side can appeal the hearing ruling, and here again, a Title IX attorney can be invaluable. Appeals are typically only granted along very narrow lines, such as the discovery of new evidence or obvious mistakes in the Title IX procedures. An attorney knows how to craft an appeal that, if necessary, can fit into these narrow limits.
What Is at Stake in a Title IX Case?
You can't be sentenced to prison in a Title IX case, and some schools use that as an excuse not to take your situation seriously. The truth is that the consequences are every bit as serious as they are in an actual court case.
If you are found responsible for a Title IX violation, the minimum penalty you can expect is suspension. The most common penalty in these cases, though, is expulsion.
Obviously, expulsion can be a serious disruption in your education. It puts all the work you've done up to this point in jeopardy. Beyond this, though, it can have lasting effects on your future. If you're expelled from a state college or university, for instance, you may be barred from enrolling at any other state school. Many schools include a notation on your transcript when you're expelled, explaining the exact nature of your offense. That can prevent you from enrolling anywhere, inside Michigan or out of it. In other words, an expulsion could be the end of your academic career.
The bottom line is there's simply too much at stake not to choose a Title IX attorney as an advisor.
Joseph D. Lento, Title IX Attorney
Joseph D. Lento is a Title IX attorney who has built his career on representing students from all kinds of misconduct charges. He's dealt with hundreds of cases, defending his clients from all kinds of charges, from simple harassment to stalking, dating violence, and even rape. Whether you're looking to prove your innocence or trying to negotiate a settlement that will salvage your academic career, Joseph D. Lento can help.
If you or your child have been accused of Title IX sexual misconduct in Michigan, don't wait. You need help now. Contact the Lento Law Firm's Michigan office today at 888-555-3686 or use our automated online form.
Michigan 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:
- Adrian College
- Albion College
- Alma College
- Alpena Community College
- Andrews University
- Aquinas College
- Baker College Center for Graduate Studies
- Baker College of Allen Park
- Baker College of Auburn Hills
- Baker College of Cadillac
- Baker College of Clinton Township
- Baker College of Flint
- Baker College of Jackson
- Baker College of Muskegon
- Baker College of Owosso
- Baker College of Port Huron
- Bay de Noc Community College
- Bay Mills Community College
- Calvin College
- Central Michigan University
- Cleary University
- College for Creative Studies
- Compass College of Cinematic Arts
- Concordia University Ann Arbor
- Cornerstone University
- Davenport University
- Delta College
- DeVry University Michigan
- Eastern Michigan University
- Ferris State University
- Finlandia University
- Glen Oaks Community College
- Gogebic Community College
- Grace Bible College
- Grand Rapids Community College
- Grand Valley State University
- Great Lakes Christian College
- Henry Ford Community College
- Hope College
- International Academy of Design and Technology Troy
- ITT Technical Institute Canton
- ITT Technical Institute Dearborn
- ITT Technical Institute Swartz Creek
- ITT Technical Institute Troy
- ITT Technical Institute Wyoming
- Jackson Community College
- Kalamazoo College
- Kalamazoo Valley Community College
- Kellogg Community College
- Kettering University
- Keweenaw Bay Ojibwa Community College
- Kirtland Community College
- Kuyper College
- Lake Michigan College
- Lake Superior State University
- Lansing Community College
- Lawrence Technological University
- Macomb Community College
- Madonna University
- Marygrove College
- Michigan Jewish Institute
- Michigan State University
- Michigan Technological University
- Mid Michigan Community College
- Monroe County Community College
- Montcalm Community College
- Mott Community College
- Muskegon Community College
- North Central Michigan College
- Northern Michigan University
- Northwestern Michigan College
- Northwood University Michigan
- Oakland Community College
- Oakland University
- Olivet College
- Rochester College
- Sacred Heart Major Seminary
- Saginaw Chippewa Tribal College
- Saginaw Valley State University
- Sanford Brown College Dearborn
- Sanford Brown College Grand Rapids
- Schoolcraft College
- Siena Heights University
- South University Novi
- Southwestern Michigan College
- Spring Arbor University
- St Clair County Community College
- The Art Institute of Michigan
- University of Detroit Mercy
- University of Michigan Ann Arbor
- University of Michigan Dearborn
- University of Michigan Flint
- University of Phoenix Metro Detroit Campus
- University of Phoenix West Michigan Campus
- Washtenaw Community College
- Wayne County Community College District
- Wayne State University
- West Shore Community College
- Western Michigan University
- Yeshiva Gedolah of Greater Detroit
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 and New York, 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 Michigan and throughout the nation. Make certain your or your student's interests are protected - Contact National Title IX attorney Joseph D. Lento today.
