Investigator conflicts of interest, bias in favor of alleged victims, and other forms of investigator misconduct taint Title IX investigations at colleges and universities across the country. Accused students can face severe discipline up to school expulsion, even when the charges are false, unfair, or exaggerated. If you face college or university Title IX sexual misconduct charges, don't assume that your school will treat you fairly. Your school may well engage in some form of investigation misconduct affecting your ability to defend those charges. You need skilled and experienced Title IX defense attorney help. Retain premier Title IX defense attorney Joseph D. Lento and the Lento Law Firm for your aggressive and effective defense of Title IX or other misconduct charges.
Evidence of Widespread School Investigation Misconduct
A nonprofit policy reform organization confirms widespread investigation misconduct in college and university Title IX proceedings. The organization cites no fewer than seven recent appellate-court decisions and forty-two recent trial-court decisions involving evidence of school investigation misconduct. Those decisions include the following examples of bias, conflicts of interest, and other forms of school investigation misconduct:
- Schwake v. Arizona Bd. of Regents, 967 F.3d 940, 951 (9th Cir. 2020), finding that one-sided investigation ignoring the accused's explanation and denying the accused a hearing on other allegations left an inference of gender bias against the accused
- Doe v. Univ. of Scis., 961 F.3d 203, 210 (3d Cir. 2020), finding that the school's ignoring important factual context led to an inference of biased, selective investigation and enforcement against the accused
- Velez-Santiago v. State University of New York at Stony Brook, 170 A.D.3d 1182, 1183 (N.Y. App. Div. 2019), finding that the school found the accused student guilty on no evidence of misconduct of which the complainant had not complained
- Doe v. University of Texas Health Science Center at Houston, No. 4:21-cv-01439, at 19 (S.D. Tex. Dec. 13, 2021), finding an inference of school misconduct from disciplinary officials' jokes, gossip, and confidentiality violations against the accused student
- Doe v. Embry-Riddle Aeronautical University, No. 6:20-cv-1220-WWB-LRH, at 15 (M.D. Fla. Nov. 4, 2021), finding an inference of school misconduct from the investigator's agreement with the accuser not to contact certain witnesses who disagreed with the accuser, while the investigator agreed to contact witnesses favorable to the accuser
Forms of School Investigation Misconduct
Colleges and universities investigating Title IX charges can commit several different forms of investigation misconduct. That misconduct puts the accused student at a decided disadvantage. The many court cases that the organization cites found inferences of these several forms of school investigation misconduct:
- Investigator bias to believe the accuser
- Investigator bias to disbelieve the accused
- Investigator refusal to accept exonerating evidence
- Investigator refusal to hear the accused's side
- Investigator refusal to consider the factual context
- Disciplinary officials' disrespect for the accused
- Findings of guilt without any evidence
- Findings of guilt beyond the alleged charge
- Investigators having none of the required training
- Applying different rules to accuser and accused testimony
- Investigators sharing personal interests with the accuser
If you face Title IX charges at your college or university, you need the aggressive representation of a national Title IX defense attorney. Premier Title IX defense attorney Joseph D. Lento and the Lento Law Firm are available for your aggressive and effective defense of college or university misconduct charges. Call 888-535-3686 or go online now.
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