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Nebraska Mishandles Case

Posted by Joseph D. Lento | Aug 24, 2020 | 0 Comments

A recent lawsuit filed against the University of Nebraska may have far-reaching implications on how schools handle Title IX violations. The lawsuit alleges that the University of Nebraska mishandled complaints of sexual harassment and assault against women on campus. According to the lawsuit, university officials made vital errors in Title IX investigations and showed favoritism towards male student-athletes.

What is Title IX?

Title IX is a long-standing federal law that aims to prevent sex discrimination in education. The law requires universities to investigate gender-based discrimination that threatens any student's equal access to education. Under Title IX, schools must investigate incidents of unwelcome sexual conduct, sexual assault, rape, stalking, domestic violence, and more.

Recent changes to Title IX include new requirements for sexual misconduct investigations. To comply with Title IX rule, universities must investigate sexual misconduct by holding a single live hearing. The live hearing includes cross-examination of parties and witnesses. The new rules also require schools to investigate sexual misconduct wherever the school has substantial control, such as on campus and at school events. Schools that fail to comply with Title IX regulations may be stripped of federal funding.

Allegations of Mishandling Title IX

Nine women recently filed a lawsuit against the University of Nebraska for various errors in Title IX investigations. According to the lawsuit, Nebraska football players groped female students at a party. The suit also includes allegations that a male athlete raped a female student in a dorm room. Although the complainants reported these incidents, the school did not take any action against the male athletes mentioned in the investigations.

The lawsuit implicates the university mishandled sexual misconduct allegations made against student-athletes. It also accuses the university of including factual errors in case determinations and failing to protect female students from racial and sexual harassment. The University of Nebraska faces violations, including gender inequity, racial discrimination, and lack of due process.

Impact on Title IX Investigations

The University of Nebraska's mishandling of Title IX violations may impact future investigations at universities across the nation. The recent allegations show that schools that mishandle Title IX cases not only risk losing federal funding but also leave themselves open to lawsuits. As a result, universities could be incentivized to side with complainants. They may begin to enforce Title IX violations more strictly, especially in cases involving student-athletes.

Students facing sexual misconduct allegations may face additional challenges in proving their innocence. Schools could opt to expedite investigations, make unfair determinations, or strip students of their right to a fair hearing. Students accused of sexual discrimination should consult a defense attorney. Attorneys can help students prepare their defense and ensure that universities follow proper protocol in their investigations.

Title IX violations can have serious consequences. If you or someone you know is accused of sexual misconduct, be sure to contact a professional attorney.  Attorney Joseph D. Lento and the Lento Law Firm have spent many years defending students against unfair allegations and achieving favorable outcomes. Call the Lento Law Firm today at (888) 535-3686.

About the Author

Joseph D. Lento

"I pride myself on having heart and driving hard to get results!" Joseph D. Lento has more than a decade of experience passionately fighting for the futures of his clients. Mr. Lento represents students and others in disciplinary cases and other proceedings at universities and colleges across the United States while concurrently fighting in criminal courtrooms in Philadelphia, the Pennsylvania counties, and New Jersey. Mr. Lento has helped countless students, professors, and others in academia at more than a thousand universities and colleges across the United States. He does not settle for the easiest outcome, and instead prioritizes his clients' needs and well-being. Joseph D. Lento is licensed in Pennsylvania, New Jersey, and New York, and is admitted pro hac vice as needed nationwide.

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