Blog

Misconduct in Title IX Investigations – Part 1

Posted by Joseph D. Lento | Apr 05, 2022 | 0 Comments

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.

About the Author

Joseph D. Lento

"I pride myself on having heart and driving hard to get results!" Attorney Joseph D. Lento passionately fights for the futures of his clients nationwide. Attorney Lento and his team represent students and others in disciplinary cases and various other proceedings at colleges and universities across the United States. Attorney Lento has helped countless students, professors, and others in academia at more than a thousand colleges and universities across the United States, and when necessary, he and his team have sought justice on behalf of clients in courts across the nation. He does not settle for the easiest outcome, and instead prioritizes his clients' needs and well-being. In various capacities, the Lento Law FIrm Team can help you or your student address any school-related issue or concern anywhere in the United States.

Comments

There are no comments for this post. Be the first and Add your Comment below.

Leave a Comment

Contact Us Today!

If you, or your student, are facing any kind of disciplinary action, or other negative academic sanction, and are having feelings of uncertainty and anxiety for what the future may hold, contact the Lento Law Firm today, and let us help secure your academic career.

This website was created only for general information purposes. It is not intended to be construed as legal advice for any situation. Only a direct consultation with a licensed Pennsylvania, New Jersey, and New York attorney can provide you with formal legal counsel based on the unique details surrounding your situation. The pages on this website may contain links and contact information for third party organizations - the Lento Law Firm does not necessarily endorse these organizations nor the materials contained on their website. In Pennsylvania, Attorney Joseph D. Lento represents clients throughout Pennsylvania's 67 counties, including, but not limited to Philadelphia, Allegheny, Berks, Bucks, Carbon, Chester, Dauphin, Delaware, Lancaster, Lehigh, Monroe, Montgomery, Northampton, Schuylkill, and York County. In New Jersey, attorney Joseph D. Lento represents clients throughout New Jersey's 21 counties: Atlantic, Bergen, Burlington, Camden, Cape May, Cumberland, Essex, Gloucester, Hudson, Hunterdon, Mercer, Middlesex, Monmouth, Morris, Ocean, Passaic, Salem, Somerset, Sussex, Union, and Warren County, In New York, Attorney Joseph D. Lento represents clients throughout New York's 62 counties. Outside of Pennsylvania, New Jersey, and New York, unless attorney Joseph D. Lento is admitted pro hac vice if needed, his assistance may not constitute legal advice or the practice of law. The decision to hire an attorney in Philadelphia, the Pennsylvania counties, New Jersey, New York, or nationwide should not be made solely on the strength of an advertisement. We invite you to contact the Lento Law Firm directly to inquire about our specific qualifications and experience. Communicating with the Lento Law Firm by email, phone, or fax does not create an attorney-client relationship. The Lento Law Firm will serve as your official legal counsel upon a formal agreement from both parties. Any information sent to the Lento Law Firm before an attorney-client relationship is made is done on a non-confidential basis.

Menu