You've been charged with a Title IX offense. What's the big deal? Surely, you can just sit down with the principal or the dean and straighten everything out, right?
Wrong. Title IX offenses are serious business. You aren't just being accused of violating school policy. You're being accused of breaking federal law. Your school can't send you to jail, but it can make your life a lot harder than it needs to be. The minimum penalty you're probably facing is suspension. More likely, your school will be looking to expel you. If you're academic career winds up being cut short, it could have serious repercussions for your professional career.
With so much on the line, you can't afford to try and handle your case by yourself. Title IX is a complicated law, and navigating your way through it is going to take a professional. Before you do anything else, then, you need to contact a Title IX attorney and find out how they can help you defend yourself.
Title IX Procedures
Let's start with the basics. What exactly are you facing? Here's a very rough outline of Title IX rules and procedures.
- All schools must have a designated Title IX Coordinator. Other faculty and staff may be required to report you if they suspect you of sexual misconduct, but only a complainant (the alleged victim) or the Coordinator may sign an official complaint against you.
- As soon as an investigation is opened, the Coordinator must provide you with notice of the charges. This should include the complainant's name and details of the allegation. In addition, it should remind you of your rights, such as the right to an advisor, the right to be presumed “not responsible,” and the right to review any evidence against you.
- The Coordinator will appoint an Investigator to look into the case. This person will separately interview you and the complainant. They'll also track down witnesses and gather any physical evidence.
- Once the investigation is complete, the Investigator will create a written summary of the findings. You have the right to review this document and suggest revisions.
- If you are a college student, you have the right to defend yourself at a live hearing. Some high schools also hold hearings, but they aren't required to under Title IX.
- At the hearing, you'll have the chance to present evidence and call witnesses. In addition, you can cross-examine the complainant and any witnesses against you. The complainant will have the same opportunity. It's important to note: only advisors may ask questions.
- At the conclusion of the hearing, the decision-makers will use a legal standard known as “preponderance of evidence” to decide whether or not you are responsible for a violation. “Preponderance of evidence” requires them to find you responsible if they believe it is more than fifty percent likely you committed an offense.
- You have a limited right to appeal the hearing decision. Typically, there is a time limit on filing such appeals, and you may only file them for certain very specific reasons, such as the discovery of new evidence or an allegation of bias on the part of a Title IX official.
You may have noticed as you read through: these rules aren't simple. Missteps can be costly. The problem isn't just making sure you follow all the rules. You have several important rights under Title, for instance, but schools can and do sometimes forget to afford accused students these rights. You need an attorney who understands Title IX, knows the rules, and knows how to use them to your advantage.
Choosing An Advisor
How exactly do you go about choosing an advisor? If you've done a Google search, you already know there are thousands of attorneys out there, each one of them promising something different. Which one is right for your particular situation?
First and foremost, you need an attorney who understands Title IX. Title IX is a federal law. It has a complex history, and it's subject to change based on which political party happens to be in power at the moment. A local or family attorney just won't do. They may know the local judicial system inside and out. They may have lunch every day with the local prosecutor and judge. They won't know enough about Title IX, though. In addition, your case won't play out in a courtroom. The investigation and hearing will take place on campus and will be run by faculty and administrators. You need an advisor who understands how to talk to these people.
Next, keep this in mind: you're in Montana, but your attorney doesn't need to be. Title IX is a federal law, so any qualified attorney in the US can handle your case. Rather than look for the closest attorney, look for the one who knows the most about the law.
You can find out pretty quickly just how qualified an attorney is to handle your case by asking three simple questions:
- How many Title IX cases have they dealt with?
- What is their success rate with Title IX cases?
- What specific strategies would they use to handle your case?
Joseph D. Lento, Title IX Attorney
Joseph D. Lento is a defense attorney. He knows how to craft a winning strategy, and he has a proven track record as a fighter. Joseph D. Lento isn't just a defense attorney, though. He specializes in Title IX cases. He's helped hundreds of students, just like you, get the justice they deserve. Joseph D. Lento has dealt with every kind of sexual misconduct case, from accusations of simple verbal harassment to allegations of dating violence and rape. Your case is unique, but Joseph D. Lento has the experience to handle whatever charge you might be facing.
Joseph D. Lento knows the law. He knows the procedures, and he knows how to protect your rights at every step along the way. Joseph D. Lento also knows how schools operate. He's as comfortable talking to faculty and administrators as he is to prosecutors and judges. Joseph D. Lento understands what you're up against, and he's committed to getting you the best possible resolution to your case.
If you or your child have been accused of Title IX sexual misconduct in Montana, we can help. Contact the Lento Law Firm's Montana office at 888-555-3686 or use our automated online form.
Montana 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:
- Blackfeet Community College
- Carroll College
- Chief Dull Knife College
- Dawson Community College
- Flathead Valley Community College
- Fort Belknap College
- Fort Peck Community College
- Little Big Horn College
- Miles Community College
- Montana State University
- Montana State University Billings
- Montana State University Great Falls College of Technology
- Montana State University Northern
- Montana Tech of the University of Montana
- Montana Tech College of Technology
- Rocky Mountain College
- Salish Kootenai College
- Stone Child College
- The University of Montana
- The University of Montana Western
- University of Great Falls
- University of Montana Helena College of Technology
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 Montana and throughout the nation. Make certain your or your student's interests are protected - Contact National Title IX attorney Joseph D. Lento today.
