Nationwide Title IX Defense Attorney

Title IX was originally intended to prevent gender discrimination in educational institutions. However, over time, its scope has expanded significantly, and it is now frequently employed to address allegations of sexual misconduct on high school and college campuses across the United States--not just targeting faculty or employees, but students. This shift has brought about significant complications for students who find themselves accused of Title IX violations.

Students and parents facing these accusations often encounter a challenging and overwhelming process. Educational institutions are under intense pressure to administer swift and decisive action, driven by the threat of losing essential federal funding if found non-compliant with Title IX regulations. This creates an environment where schools may prioritize expediency over fairness, leading to hasty decisions that can have severe and lasting impacts on the accused student's life.

Recent changes in Title IX rules have further complicated the defense process for accused students. These changes have the capacity to limit the student's ability to mount a fair defense against the allegations and making it more difficult for them to present their case effectively. Furthermore, the role of the school's Title IX coordinator in these cases has unfortunately become one of both prosecutor and jury, raising deep concerns about impartiality and due process. The risks are high for the accused student to face unfair suspension or expulsion, disrupting their academic journey, tarnishing their reputation, and throwing their future into uncertainty as a result.

Due to the complexities of Title IX cases, the risks of being denied due process, and the overall threat to your future, your best hope for obtaining a positive outcome is to hire an education law attorney with specific experience with Title IX. The Lento Law Firm's Student Defense Team possesses extensive nationwide experience with these types of cases. We have successfully defended many students across the country, ensuring that their rights and interests are protected throughout the process. To schedule an appointment, call us today at 888-535-3686 or fill out our online form.

How Did We Get Here? A Look at a Well-Intended but Flawed Law

To understand how Title IX has become a tool for disciplining allegations of sexual misconduct, we need to review how the law originated.

Title IX was enacted as part of the Education Amendments of 1972 to eliminate sex-based discrimination in any federally funded education program. Initially, it focused on providing equal opportunities for female students in athletics, addressing disparities in resources, funding, and opportunities between male and female sports programs. This landmark legislation significantly increased female participation in sports, ensuring women had equal access to athletic scholarships, facilities, and coaching.

Over time, Title IX's scope expanded beyond athletics to tackle broader gender discrimination in education, including admissions, financial aid, and faculty employment. The law's interpretation evolved with changing societal norms and growing awareness of gender equity issues.

In the 1990s, the Department of Education's Office for Civil Rights (OCR) began interpreting Title IX to include sexual harassment and assault as forms of gender discrimination. This shift was driven by high-profile cases and recognition of the severe impact of sexual misconduct on students. The landmark 1999 Supreme Court case, Davis v. Monroe County Board of Education, reinforced this by ruling that schools could be held liable under Title IX for student-on-student sexual harassment if they were deliberately indifferent to known acts.

Title IX Rules Are a Moving Target

While nearly every presidential administration has interpreted Title IX through its own agenda, the inclusion of student-based sexual harassment has led to a confusing series of rule changes. The Obama administration's 2011 "Dear Colleague" letter outlined schools' responsibilities to prevent and address sexual violence, emphasizing proactive measures, support for survivors, and disciplinary procedures. This expanded Title IX's role in protecting students but also sparked debate over due process rights and the balance between protecting victims and ensuring fair treatment for the accused. The Trump administration's new rules increased the standards of proof and required live hearings to safeguard due process rights. The Biden administration has rolled back these changes to Obama-era standards and expanded Title IX protections, but this again risks undermining the rights of the accused.

New Biden-Era Rules May Erode the Rights of the Accused Even Further

Set to take effect in August 2024, the new Title IX guidance established by the Biden administration encompasses more than 1500 pages and includes some profound rule changes that could deeply impact the ability of students to defend themselves against false complaints of sexual harassment or assault. Some of the rules most noteworthy for students include:

• Lower Misconduct Standard: The standard for what constitutes sexual misconduct has been lowered from “severe, pervasive, and objectively offensive” to “sufficiently severe or pervasive.” This revision simplifies the criteria, making it easier for allegations to be classified as Title IX violations.
• Return to the Preponderance of Evidence Standard: Where the last iteration of the rules required schools to adhere to the "clear and convincing evidence" standard, schools are now required to return to the "preponderance of evidence standard" when assessing sexual misconduct allegations. This lower standard of proof means that a violation can be found if the evidence suggests it is simply more likely than not that the misconduct occurred.
• Individual Meeting Method: The new rules endorse the use of individual meetings for the investigation of allegations, reminiscent of the single investigator model. In this approach, one investigator gathers statements, evaluates evidence, and determines if a violation has occurred. This procedure raises concerns about potential investigator bias and conflicts of interest, potentially undermining the fairness and impartiality of the investigative process.
• Elimination of Live Hearings: The requirement for live hearings, where accusers must provide testimony under oath and be subject to cross-examination, has been removed. This significant change curtails the ability of the accused to directly challenge the evidence and credibility of witnesses, which may lead to less stringent scrutiny of the allegations presented.
• Extended Jurisdiction: The scope of Title IX jurisdiction has been broadened to include off-campus and international incidents. Schools are now empowered to investigate and take disciplinary actions for sexual misconduct occurring beyond school grounds or during study abroad programs. This expansion increases the likelihood of students facing Title IX investigations for conduct outside traditional campus settings.
• Broadened Definition of Sex Discrimination: The definition of sex discrimination has been widened to encompass sex-based harassment. As a result, a wider array of behaviors and statements related to sex can now be construed as Title IX violations.

Where We Are Now

Although the expansion of Title IX to address campus sexual misconduct seeks to bring more protection for vulnerable students, its structure often aligns the accuser's interests (the "complainant") with those of the school, which is now responsible for adjudicating the offense or risk loss of federal funds. This means the accused's interests (the "respondent") may be sidelined unless they have strong advocacy. It also means that because of this misaligned interest, a student who wishes to falsely accuse another student of sexual assault need only report it to the school to get the weight of school authority on their side--and the school is required by law to take the allegation seriously and bring the accused under scrutiny.

The reason for this imbalance is that schools primarily look out for their own interests. Federal education funding, which amounts to millions of dollars, is contingent on Title IX compliance. As a result, the accused faces significant challenges from the outset. This dynamic represents a major flaw in the Title IX campus disciplinary process because the school is more motivated to protect its funding than the rights of the accused.

Despite these challenges, Title IX cases can be won with the right approach. The Lento Law Firm's Student Defense Team understands the intricacies of Title IX cases and the ever-changing rules. We know how to negotiate and navigate the process to protect your rights and get you the most favorable outcome possible for your case.

What Am I Being Accused Of?

When confronted with a Title IX investigation or sexual misconduct charge, accused students and their families should not navigate the process alone or with inadequate support. School-provided "advisors" are typically ill-equipped for this task.

The accusations often involve serious criminal conduct. For instance, what a school refers to as "non-consensual sex" is legally considered "rape"; "non-consensual sexual contact" equates to "indecent assault"; even kissing someone without their consent can be deemed criminal. Such allegations, if pursued in the criminal justice system, could result in severe consequences, including mandatory registration as a sex offender under Megan's Law. While most of these cases do not make their way into the criminal justice system (good news for the accused), the flip side is that because of the lower standard of proof, it is actually much easier for an accuser to disrupt the life and future of the accused by reporting the incident to the school as a Title IX incident versus pressing criminal charges.

The Burden of Proof in a Title IX Case: 50% and a Feather

Among the many changes mentioned earlier with new Biden-era rules, the return to the "preponderance of the evidence" standard is perhaps the most challenging change for accused students. This evidentiary standard is often referred to as "50 percent and a feather" because the evidence only needs to tip slightly in favor of the accuser for the school to find the accused guilty of a Title IX violation. Even if there is a fair amount of evidence supporting an accused student's innocence, it only takes a small amount of additional evidence in support of the accuser to meet this burden and find them responsible.

Furthermore, because Title IX investigations are conducted by school employees rather than trained law enforcement or legal professionals, they often lack the necessary expertise and experience to properly evaluate the evidence and make accurate determinations. This can have serious consequences for both the accused and the accuser, as an incorrect finding can lead to severe disciplinary actions for the accused and a lack of accountability for the accuser.

Impact on the Accused

Overall, the good news is that Title IX cases are almost always resolved exclusively at the school level, not at the criminal level. The bad news, however, is that the potential consequences of a Title IX investigation can be severe, both in the short and long term, potentially affecting a young person's future for the rest of their life.

Consequences of being found responsible in a Title IX case can include lost opportunities in internships, employment, transferring to another school, attending graduate or professional school, and serving as an officer in the military. These opportunities can vanish instantly if an accused student is deemed responsible.

Moreover, there are immediate potential consequences following the filing of a Title IX complaint, even before the case is decided. These can include "no-contact orders" (which can complicate campus dynamics), interim suspensions from school, suspension from NCAA sports (affecting future eligibility), termination of on-campus employment (such as resident advisor positions), relocation or banning from student housing, restrictions on class schedules, and dining hall bans when the complainant is present, among others.

Why You Need a Nationwide Title IX Education Law Attorney

Given what is at stake in Title IX cases, and given the complexity of Title IX itself, finding a local attorney with the requisite knowledge and experience to assist you is akin to looking for a needle in a haystack. To deal with these complexities effectively requires an education law attorney with specific experience in these matters because Title IX cases are unique. In other words, because Title IX is a federal law affecting students nationwide, it doesn't matter where the attorney's offices are located so much as whether the attorney has experience and a strong track record in navigating Title IX cases.

The Student Defense Team of the Lento Law Firm has nationwide experience with Title IX cases and is considered by many to be the law firm of choice with these types of issues. We understand the nuances of mounting a necessary defense and engaging with the appropriate parties at the school. This includes the Title IX office and coordinator, Title IX investigators, the school's general counsel, campus police, and possibly the Department of Education's Office of Civil Rights. We not only know what needs to be done to protect an accused student's interests and rights from start to finish, but with a wide range of wins across the country, we also have enough experience to handle these situations instinctively.

Our team will thoroughly review all evidence presented against you and work tirelessly to protect your rights and advocate on your behalf. We will also ensure that the investigative process is fair and impartial, addressing any instances of investigator bias or mishandling of evidence. With our help, you can have a strong defense in place and increase your chances of a favorable outcome in your Title IX case. We have vast experience at both the high school, college, and post-grad levels, and we can also assist employees and faculty that have been accused.

If you're accused of sexual misconduct under Title IX, don't leave your future to fate or to the rules of whatever administration happens to be in office. For the help you need right now, call the Lento Law Firm at 888-535-3686 or complete our online form today.

Updated June 2024