What is Title IX?
Title IX is a federal civil rights law that essentially prohibits gender-based discriminatory acts committed against and by students, staff, and faculty in federally funded activities and institutions. It has been applied in a number of circumstances to maintain the standards of equity that this law and other civil rights laws vouch for. When people heard Title IX, they thought of the literal equality of the sexes in sports or dress codes. Colleges and universities underwent a period where intercollegiate sports opportunities weren't as accessible to women as they were to men, and the enforcement of this law has changed that. There also has been a time when pregnant college students felt as if they weren't being treated like their unexpecting or male counterparts by school professors, Title IX has also been applied in that regard.
But this law, in all of its versatility, reaches to a wider realm of issues that are currently incredibly controversial and sensitive. One of them being sexual assault on college campuses.
Title IX and Sexual Misconduct
Any variation of sexual misconduct, such as sexual harassment, sexual assault or rape, is considered gender-based discrimination in accordance with Title IX if it is deemed “so severe, pervasive, and objectively offensive that if effectively bars the victim's access to educational opportunity benefit.” Most courts have found that any behavior that can be categorized as sexual misconduct meets that standard.
Universities and colleges in compliance with Title IX are required to use the law's processes to handle these cases. An investigation, grievance procedures and a hearing that emulates a trial will be conducted by these educational institutions in order to determine if the accused is innocent or guilty.
Over the years, schools have been discovered treating the accused unfairly for several purposes. Sometimes higher education institutions may operate under the notion that hastily and aggressively carrying out processes will satisfy federal agencies that provide them with funding. In some cases, school authorities may develop presumptuous attitudes towards the accused based on the stigma associated with the nature of these crimes. Whichever reason schools may use to drive their mistreatment of a student who is supposed to be presumed innocent until proven guilty does not justify this behavior.
The Benefits of Choosing an Attorney as Your Title IX Advisor
Mistreatment of the accused before a hearing is all the more reason for them to choose an attorney as their advisor. Federal law grants all parties involved in sexual misconduct cases to choose an advisor to accompany them through Title IX processes. This person could be considered an asset or a hindrance to you in the midst of this ordeal.
If you have been accused of sexual assault and have yet to choose an advisor, here are a few reasons why you should pick a legal professional to occupy this role:
Confidentiality
An attorney has no motives to disclose the confidential information that you've revealed to them about a case. Selecting a school appointed advisor or anyone else, however, comes with that inherent risk.
Accountability
An attorney has the legal authority to write a “litigation hold” letter to a school, warning that any evidence of the tampering of evidence, or the omitting of information to the accused could lead to a lawsuit against the school.
Preparation
An attorney can help you prepare your statement, gather witnesses and stand on your own during your hearing.
Experienced Nebraska Title IX Advisor
If you attend a Nebraska college or university and are facing allegations of sexual assault, it is imperative that you speak to an experienced professional. Skilled Title IX advisor Joseph D. Lento has extensive experience helping students in your predicament. Contact him today.
Nebraska 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:
- Bellevue University
- BryanLGH College of Health Sciences
- Central Community College
- Chadron State College
- Clarkson College
- College of Saint Mary
- Concordia University Seward
- Creighton University
- Doane University
- Grace University
- Hastings College
- ITT Technical Institute Omaha
- Kaplan University Lincoln Campus
- Kaplan University Omaha Campus
- Little Priest Tribal College
- Metropolitan Community College Area
- Mid Plains Community College
- Midland University
- Myotherapy Institute
- Nebraska Christian College
- Nebraska College of Technical Agriculture
- Nebraska Indian Community College
- Nebraska Methodist College of Nursing & Allied Health
- Nebraska Wesleyan University
- Northeast Community College
- Omaha School of Massage and Healthcare of Herzing University
- Peru State College
- Southeast Community College Area
- The Creative Center
- Union College
- Universal College of Healing Arts
- University of Nebraska at Kearney
- University of Nebraska at Omaha
- University of Nebraska Lincoln
- University of Phoenix Omaha Campus
- Vatterott College Spring Valley
- Wayne State College
- Western Nebraska Community College
- York College
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 Pennsylvania and New Jersey, 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 Nebraska and throughout the nation. Make certain your or your student's interests are protected - Contact National Title IX attorney Joseph D. Lento today.
