Sexual misconduct allegation can completely derail your future plans. When an allegation is brought to the attention of the school, the school must respond quickly and definitively in order to make sure that they start an investigation of the case as soon as possible. It's in the school's best interest to do so because if they don't, they could get into as much trouble as the alleged defendant.
Thanks to Title IX, defendants are allowed to work with an advisor as they defend themselves against sexual misconduct allegations. If you're in this situation, you need to make sure that the advisor that you choose to work with is an attorney. You need an attorney by your side who has experience handling Title IX investigations because they can be very complex and very tricky for the layperson.
The minute that you receive notice of the allegation, reach out to a Title IX attorney immediately.
What Is Title IX?
Title IX is a federal law that was put into place in 1972. The purpose of the law is to eliminate any type of sexual discrimination within United States educational programs. This means that it applies to schools, universities and any other type of program within the educational system.
One thing that makes Title IX difficult for defendants to handle on their own is the fact that the rules of the law keep changing depending on who is in the White House. Rules and regulations within the law can flip back and forth on a regular basis. Only someone who is up-to-date on the most recent version of the law will be able to build a proper defense.
You are not a lawyer. Even if you are one, you wouldn't defend yourself in a serious matter. You need a Title IX attorney who is well-versed in the most recent versions of Title IX. That advisor will be able to help you formulate your defense and make sure that you represent yourself in the best way possible.
How Does Title IX Generally Work?
The Title IX process usually plays out as follows:
● Official sexual misconduct complaints start with your school's Title IX coordinator. Only the coordinator or the complainant may sign this complaint.
● Once the complaint has been signed, it's the responsibility of the Title IX coordinator to reach out to the respondent and apprise them of the charges. The defendant will learn the name of the complainant and the exact charges. They'll also be made aware of their rights. They'll be told that there is an assumption that they are presumed “not responsible” until proven otherwise. They'll also be told that they have the right to choose an advisor.
● Once the defendant has been notified, the Title IX coordinator will choose an investigator who will oversee the case. The investigator will interview both the complainant and the respondent, doing everything from collecting evidence to interviewing witnesses from both sides.
● Once the investigator has completed their investigation, they'll make a full report of their findings. Before that report is handed in to the Title IX coordinator, the investigator will send out a report to both the respondent and the defendant, allowing them to make requests for certain changes within the report. After that, the report is sent to the Title IX coordinator.
● If the case is taking place at colleges o4 universities, respondents are allowed to defend themselves at a live hearing. Allegations that have taken place at younger schools like high schools or K-12 schools have the option of having a hearing, but it's not required. In those cases, the coordinator can assign one person to review the investigative report and make a decision.
● When the respondent and the complainant arrive at the hearing, they are both allowed to bring their advisors. At the hearing, they can do everything from call witnesses to introduce evidence. They can even cross-examine each other, and they can cross-examine each other's witnesses. In many ways, this is exactly the same as a trial that would take place in a court of law.
● Whether the final decision is made by a single person or a panel of people depends on the school. Regardless of whoever gives the final verdict, the decision must be made based on a “preponderance of evidence” standard. The preponderance of evidence standard means that the decision-maker or makers only need to be just over 50% convinced that the respondent is guilty in order to render a guilty verdict. This is the reason that it is absolutely critical that if you find yourself in a position of having to defend yourself at a Title IX hearing, you need to have an experienced Title IX advisor by your side who can provide you with the best possible defense.
● Once a decision has been made, both sides are allowed to appeal the decision. In most cases, there's a 10-day window from the time the decision has been made until the time that an appeal must be filed. Appeals can usually only be filed in cases where there is new evidence that's been discovered, procedural mistakes with Title IX, or the discovery that one of the decision-makers was biased towards one party or the other.
Is It a Big Deal If You're Found Responsible?
It cannot be made more clear that being found responsible for sexual misconduct is not something to take lightly. A finding like this could derail your entire future. At the very least, defendants are suspended from school, although in many cases, they're expelled. The information about the sexual misconduct conviction goes on your permanent record. This could make it extremely difficult if not impossible for you to get accepted to any other school. It also makes it extremely difficult for you in the future when you're applying for jobs.
It is absolutely nothing to take lightly, and you need to reach out to a Title IX attorney immediately. They understand what's at stake, they know the law, and they can provide you with this defense that you need to protect your future.
Reach out for help at 888-535-3686 today to schedule an evaluation of your case. Your future may depend on it.
Minnesota 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:
- Academy College
- Alexandria Technical & Community College
- Anoka Technical College
- Anoka Ramsey Community College
- Argosy University Twin Cities
- Augsburg College
- Bemidji State University
- Bethany Lutheran College
- Bethel University
- Brown College Brooklyn Center
- Brown College Mendota Heights
- Capella University
- Carleton College
- Central Lakes College Brainerd
- Century Community and Technical College
- College of Saint Benedict
- College of Visual Arts
- Concordia College at Moorhead
- Concordia University Saint Paul
- Crossroads College
- Crown College Saint
- Dakota County Technical College
- DeVry University Minnesota
- Duluth Business University
- Dunwoody College of Technology
- Fond du Lac Tribal and Community College
- Globe University Minneapolis
- Globe University Woodbury
- Gustavus Adolphus College
- Hamline University
- Hennepin Technical College
- Herzing University Minneapolis
- Hibbing Community College A Technical and Community College
- Institute of Production and Recording
- Inver Hills Community College
- Itasca Community College
- ITT Technical Institute Brooklyn Center
- ITT Technical Institute Eden Prairie
- Lake Superior College
- Le Cordon Bleu College of Culinary Arts Minneapolis
- Macalester College
- Martin Luther College
- McNally Smith College of Music
- Mesabi Range Community and Technical College
- Metropolitan State University
- Minneapolis Business College
- Minneapolis College of Art and Design
- Minneapolis Community and Technical College
- Minnesota School of Business Blaine
- Minnesota School of Business Brooklyn Center
- Minnesota School of Business Elk River
- Minnesota School of Business Lakeville
- Minnesota School of Business Moorhead
- Minnesota School of Business Plymouth
- Minnesota School of Business Richfield
- Minnesota School of Business Rochester
- Minnesota School of Business Shakopee
- Minnesota School of Business Waite Park
- Minnesota State College Southeast Technical
- Minnesota State Community and Technical College
- Minnesota State University Moorhead
- Minnesota State University Mankato
- Minnesota West Community and Technical College
- National American University Bloomington
- National American University Brooklyn Center
- National American University Roseville
- Normandale Community College
- North Central University
- North Hennepin Community College
- Northland Community and Technical College
- Northwest Technical College
- Northwest Technical Institute
- Northwestern College
- Northwestern Health Sciences University
- Oak Hills Christian College
- Pine Technical College
- Rainy River Community College
- Ridgewater College
- Riverland Community College
- Rochester Community and Technical College
- Saint Cloud State University
- Saint John's University
- Saint Mary's University of Minnesota
- Saint Paul College A Community and Technical College
- South Central College
- Southwest Minnesota State University
- St. Catherine University
- St. Cloud Technical and Community College
- St. Olaf College
- The Art Institutes International Minnesota
- The College of Saint Scholastica
- University of Minnesota Crookston
- University of Minnesota Duluth
- University of Minnesota Morris
- University of Minnesota Rochester
- University of Minnesota Twin Cities
- University of Phoenix Minneapolis/St Paul Campus
- University of St Thomas
- Vermilion Community College
- White Earth Tribal and Community College
- Winona State 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 Minnesota and throughout the nation. Make certain your or your student's interests are protected - Contact National Title IX attorney Joseph D. LentoJoseph D. Lento today.