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Misconduct in Title IX Investigations – Part 2

Posted by Joseph D. Lento | Apr 06, 2022 | 0 Comments

Misconduct in Title IX Investigations – Part 2

A nonprofit policy reform organization confirms that colleges and universities commit widespread misconduct when investigating Title IX charges against an accused student. No fewer than seven recent appellate-court decisions and forty-two recent trial-court decisions found evidence of school investigation misconduct, as schools bend to ideological and political agendas. School investigators readily believe unsupported allegations from unreliable accusers while denying accused students basic due process to consider their side of the events.

If you face Title IX charges, though, you need not endure an unfair Title IX proceeding leading to your suspension or expulsion. You have statutory, constitutional, and contractual rights you can, with skilled attorney representation, invoke to ensure a fair proceeding and the best possible outcome. If you face Title IX charges at your college or university, retain national Title IX defense attorney Joseph D. Lento and the Lento Law Firm for your aggressive and effective defense. Attorney Lento and his expert team know the law, rules, and regulations that can protect you or your loved one against false, unfair, and exaggerated Title IX charges. Don't get railroaded. Instead, get premier attorney help.

Title IX Requires Fair Proceedings

Colleges and universities shouldn't deny due process to accused students when investigating and deciding Title IX charges. Title IX law, rules, and regulations require colleges and universities receiving federal funding to conduct fair and equitable Title IX investigations. A lengthy annual update from a nonprofit policy reform organization cites these Title IX regulations guaranteeing fair procedures:

  • Providing equitable procedures, 34 CFR §106.8(b)
  • Avoiding institutional sex bias, 34 CFR §106.45
  • Conducting impartial Investigations, 34 CFR §106.45(b)(1)
  • Evaluating evidence fairly, 34 CFR §160.45(b)(1)(ii)
  • Assessing credibility fairly, 34 CFR §106.45(b)(1)(ii)
  • Avoiding bias favoring the complainant, 34 CFR §160.45(b)(1)(iii)
  • Applying a fair standard of evidence, 34 CFR §160.45(b)(1)(vii)
  • Providing adequate notice, 34 CFR §§106.45(b)(2)(i)(A), 106.45(b)(2)(i)(B), and 106.45(b)(5)(v)
  • Applying a fair burden of proof, 34 CFR §160.45(b)(5)(i)
  • Collecting evidence fairly, 34 CFR §160.45(b)(5)(i)
  • Permitting equal access to evidence, 34 CFR §160.45(b)(5)(iii)
  • Allowing adequate participation of advisors, 34 CFR §106.45(b)(5)(iv)
  • Conducting in-person hearings, 34 CFR §106.45(b)(6)(i)
  • Permitting cross-examination of witnesses, 34 CFR §106.45(b)(6)(i)
  • Avoiding conflicts of interest, 34 CFR §106.45(b)(7)(i)
  • Presuming the accused's innocence, 34 CFR §106.45(b)(1)(iv)
  • Allowing equal opportunity to present evidence, 34 CFR §106.45(b)(5)(ii)

Unfortunately, everything can go wrong during school Title IX disciplinary proceedings, and that is why professional help is needed from as early as possible in the process. Schools across the United States unfortunately have a track record of dropping the ball in countless ways and too much is at stake to allow schools to violate due process when a young person's future is literally on the line. Thankfully, there is help available.

National Title IX Defense Team

Premier college misconduct defense attorney Joseph D. Lento and the Lento Law Firm help students and families every day across the nation overcome the challenges associated with Title IX allegations. Attorney Lento and his expert team are available for your aggressive and effective defense of college or university Title IX charges or other misconduct charges. Don't let an unfair and biased investigation lead to unfair and damaging discipline. You have too much at stake to allow your school to treat you unfairly. Call 888-535-3686 or go online now to retain the representation of premier national Title IX defense attorney Joseph Lento.

About the Author

Joseph D. Lento

"I pride myself on having heart and driving hard to get results!" Attorney Joseph D. Lento is a veteran of one of the nation's busiest family courts with nearly 20 years' experience passionately helping families. By day, he worked in the trenches of family court, and at night, he studied the law. He helped countless families while working at family court, and he went on to become an attorney, dedicating his law practice to continuing the work he started years earlier. Mr. Lento's experience both behind the scenes and on the front lines allows him to understand a client's family law matter from all angles, and allows him to find and employ the most effective strategies to get favorable outcomes for any client. Joseph D. Lento is licensed in New Jersey, Pennsylvania, and New York, and is admitted pro hac vice as needed nationwide. In the courtroom and in life, attorney Joseph D. Lento stands up when the bell rings! He does not settle for the easiest outcome, and instead prioritizes his clients' needs and protects their interests.

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