College is exciting. From the courses they take to their friends, roommates, and social activities, students' lives revolve around their school and campus. The collegiate experience becomes even more thrilling when you study in or around Nashville, Tennessee, and can call Music City home.
Whether studying in major cities such as Nashville and Murfreesboro or smaller communities such as Gallatin and Lebanon, college and university students can pursue their coursework while enjoying a vibrant musical scene and outdoor adventures in and around the Cumberland River, Percy Priest Lake, and Burgess Falls.
Tens of thousands of students attend classes at Nashville area schools such as:
- American Baptist College
- Belmont University
- Cumberland University
- Fisk University
- Middle Tennessee State University
- Tennessee State University
- Trevecca Nazarene University
- Vanderbilt University
- Welch College
These schools and others have implemented detailed sexual misconduct policies to comply with the federal requirements of Title IX. If you are a student in the Nashville area and have been accused of a sexual misconduct violation, you must take immediate steps to create and execute a comprehensive defense strategy.
The Lento Law Firm defends college and university students accused of Title IX sexual misconduct and other student disciplinary violations. Our Student Defense Team has earned a national reputation for tirelessly advocating on behalf of clients and challenging the overreach of universities and their administrators during Title IX investigations and hearings. You don't have to navigate a Title IX investigation or hearing alone. Let our experienced attorneys help. Contact our offices by phone at 888-535-3686, or complete an online consultation form to discuss your case.
What is Title IX?
In 1972, Congress created the federal Title IX program to address the prevalent and longstanding gender discrimination experienced in federally funded higher education programs and activities. Initially, Title IX focused on collegiate athletics; however, its scope soon expanded to impact other areas of higher education, such as admissions, financial aid, and faculty hiring and retention.
Educational institutions failing to comply with Title IX requirements risk losing federal funding. Because of the importance of federal financial aid to colleges and universities, schools must comply with Title IX or face severe financial limitations.
How Do Presidential Agendas Impact Title IX Regulations?
In the 1990s, the Department of Education's Office for Civil Rights began to expand Title IX's definition of gender discrimination to include sexual harassment and assault. The U.S. Supreme Court, in the case Davis v. Monroe County Board of Education, decided that a school could be liable under Title IX for one student's sexual harassment of another student if the school knew and was deliberately indifferent to the improper behavior. As colleges and universities became increasingly responsible for student behavior, their approach to sexual misconduct allegations had to change as well. It became essential that schools create and implement robust Title IX policies to demonstrate their commitment to ending gender discrimination, including sexual misconduct.
In recent years, the rules and regulations surrounding Title IX have changed as quickly as presidential administrations. During the Obama presidency, the rules highlighted schools' roles in preventing misconduct, providing support for survivors of sexual violence, and ensuring proper disciplinary procedures. This expansion of the scope of Title IX was criticized by those concerned that the new requirements overreached and failed to protect the due process rights of accused students.
Next, the Trump administration introduced new rules to increase the standard of proof required to find a violation, require live disciplinary hearings, and expand the role that an accused student's attorney could play in the Title IX process. In turn, the Biden administration reinstated and expanded the earlier Obama standards, broadening the scope of Title IX. The Biden regulations expanded Title IX to include misconduct that occurs off campus and outside the United States during international study abroad programs.
New presidential administrations are likely to expand or contract Title IX regulations based on their regulatory priorities.
Ever-expanding and contracting Title IX regulations present administrative challenges for schools and students. When universities and colleges need to scramble to meet new standards, the result can be an untested, incomplete, and chaotic Title IX enforcement system. The uncertainty created by frequent regulatory change can be alarming, particularly for students accused of Title IX misconduct. Well-funded universities with exceptional legal resources work hard to keep up with regulatory changes. A sole student facing a devastating sexual misconduct charge is unlikely to have the time, knowledge, and experience to navigate the Title IX student discipline process alone adequately.
Additionally, a university's priorities often align more closely with the interests of an accuser than with the alleged violator. When institutions are focused on compliance, it can be easy to lose sight of the importance of impartiality during an investigation or hearing. Because of these inherent conflicts of interest, colleges and universities may not be overly interested in protecting the rights of a student accused of misconduct.
The Lento Law Firm Team helps students accused of student misconduct, including Title IX violations. We understand your school's Title IX procedure. While our experienced attorneys defend you and your due process rights, you can focus on your education and future.
How Do Colleges and Universities Manage Title IX Investigations and Hearings?
Schools have significant latitude in conducting Title IX investigations and hearings. Importantly, the Title IX investigator and hearing decision maker will most likely be an employee of the university. It is hard to imagine how any university employee could be truly impartial in such a situation. Additionally, even fair investigators or decision makers with the best intentions can make a mistake.
Unfortunately, in student discipline matters, schools often rush to judgment, focused on securing a resolution and avoiding any hint of noncompliance. No school wants to risk its federal funding. Furthermore, universities and colleges may wish to minimize their culpability and neutralize potential public relations problems by casting swift blame on an accused student.
Universities and colleges often have their own agendas, and your well-being is unlikely to be their priority. Your school is not going to advocate to save you, your reputation, or your education. Because the consequences of a Title IX misconduct investigation or hearing can be great, you must take your defense seriously and build a team singularly committed to you and your future.
The Lento Law Firm Student Defense Team can help any student accused in a Title IX investigation understand the inquiry and the allegations. Our experienced attorneys can serve as the student's counselor throughout the investigation and hearing, working to protect the legal rights of the accused. We can develop a comprehensive defense strategy to manage every step of the process from the initial investigation to the hearing and any necessary appeals.
What are the Title IX Disciplinary Procedures and Sanctions at Nashville Area Schools?
Every college or university establishes its own set of protocols for examining and addressing allegations of Title IX sexual misconduct. Despite the great latitude, there are common compliance processes and procedural elements shared by most schools:
- A Title IX Policy: From Vanderbilt University and Tennessee State University to Fisk University and Belmont University, colleges and universities publish their Title IX policies with detailed accounts of their investigative and adjudicative processes. Public and private institutions make their policies available to students, employees, faculty, and the public.
- A Title IX Coordinator: The Title IX Coordinator is responsible for overseeing the school's Title IX program, which generally includes managing the intake of a complaint, ensuring proper notice is given to the parties, and often selecting the investigator and decision maker (or makers) for the complaint.
- An Investigation: The school's investigator will try to identify and interview witnesses and collect evidence relevant to the Title IX allegations.
- A Hearing: The school's decision maker (or makers) will listen to the direct and cross-examination of witnesses and review evidence during a hearing. After reviewing the materials and testimony, the decision maker determines if the accused student is responsible for violating Title IX. If the student is found responsible, the decision maker issues a sanction to the student.
- An Appeals Process: The decision maker's determination can usually be appealed, based on limited grounds.
When the university finds a student responsible for a Title IX violation, the student can expect to be sanctioned. Possible sanctions may include:
- A warning or reprimand.
- Suspension or expulsion from residence halls.
- Prohibition on being on campus.
- Removal of university housing.
- Permanent no-contact orders between the parties involved.
- Suspension from the university for a specific amount of time.
- Permanent expulsion from the university.
A sanctioned student may also experience difficulties finding employment in their chosen field or being admitted to graduate or professional school.
Keep in mind that any student accused of a Title IX violation is vulnerable to serious and long-term adverse consequences. Preliminary sanctions may be issued before the university adjudicates the Title IX complaint. An accused student may be issued a no-contact order, an interim suspension, or emergency removal from school. Additionally, they may lose their on-campus employment, face restrictions on their class schedule, and be limited to where and when they may be on campus. A school may issue these preliminary sanctions before any hearing has occurred.
At the Lento Law Firm, we understand that a Title IX accusation can derail your education. Because the stakes are high, it's never too early to contact our Student Defense Team. We are committed to fighting for your future.
How Can the Lento Law Firm Help?
Because of the severity of sanctions that a student found to be responsible may receive, it is important to approach any Title IX allegation, investigation, or hearing as a serious student disciplinary matter requiring an immediate and comprehensive defense strategy.
The Lento Law Firm's Student Defense Team attorneys often perform an independent investigation that focuses on identifying exonerating witnesses and collecting evidence. We will also review and analyze the school's evidence to determine any inconsistent or erroneous information, statements, or conclusions on which the school relies.
The Student Defense Team can evaluate the school's notice procedures to ensure that the accused student's due process rights are protected. We will manage and comply with the timelines, deadlines, and required submissions consistent with the school's Title IX policies.
Our experienced attorneys will help you prepare for all informal and formal interviews, conferences, and hearings. We can advocate for the dismissal of charges, prepare and present exonerating witnesses and evidence, and cross-examine other witnesses, as necessary and allowed.
If the Title IX hearing ends with an adverse finding, we can take the necessary steps for an appeal. Additionally, we can pursue alternative methods to resolve the Title IX dispute with your college or university, such as working directly with the Office of General Counsel.
With the Lento Law Firm Student Defense Team advocating on your behalf, you can navigate a Title IX investigation and any subsequent hearing. Our reputation as resolute advocates for our clients rests upon our commitment to fight for your rights, future, and education.
Let the Lento Law Firm Fight for Your Future
When a student is accused of a Title IX sexual misconduct violation, their first reaction is usually surprise and confusion. It is normal to feel overwhelmed and isolated. But you are not alone. If you are a student in the Nashville area who is the target of a Title IX investigation, hearing, or sanction from your university, the Lento Law Firm can help. Wherever you are in the process, our Student Defense Team can advocate for you.
The Lento Law Firm is a national leader in student defense, committed to protecting our clients. Our experienced attorneys can prepare you for every step of a Title IX investigation and hearing. With the Lento Law Firm working on your defense, you can focus on your education and future. To discuss your case with the Lento Law Firm Student Defense Team call our offices at 888-535-3686 or complete an online consultation form.
