If your high school or university has accused you of a Title IX offense, the first thing you need to know is that you're going to need help. Sexual misconduct cases can be messy. The rules and procedures are set by the federal government, and they can be difficult to navigate.
The good news is, one of those rules gives you the right to appoint an advisor, someone to help you deal with the investigation and any official hearings you might have to face. Even better, that advisor can be an attorney. Not just any attorney will do, though. If you want to defend yourself successfully, you're going to need to find a Title IX attorney.
Why Do You Need an Attorney?
The Title IX process is complicated. It has two distinct parts: investigation and adjudication. A Title IX attorney will guide you through both of these one step at a time and make sure you don't make any serious missteps.
First up is the investigation:
- All investigations begin with a signed complaint. Only your school's Title IX coordinator or a complainant (a person accusing you) can sign a complaint against you.
- Once a complaint has been signed, the Coordinator will provide you with notice of the charges. This should include the complainant's name as well as details of the allegation—important material in planning your defense. In addition, the notice should apprise you of your rights, including the right to be presumed “not responsible” (innocent) and the right to review any evidence against you.
- The Investigator will meet separately with both you and the complainant. At most schools, your advisor can accompany you to these meetings.
- The Investigator will also collect any physical evidence and interview any relevant witnesses. You have the right to submit evidence yourself and to suggest potential witnesses.
- The school will set a time limit on how long the investigation can take.
- At the conclusion of the investigation, the Investigator will complete a written summary of their findings. You and the complainant should both have a chance to suggest any revisions to this document.
- The revised document will then be sent to the Title IX Coordinator.
If you're a college student, the second phase of the case is a hearing. High schools sometimes hold hearings as well, but they aren't required to under Title IX. Instead, in these cases, a single Decision-Maker holds meetings with both sides in the case to gather additional information before rendering a verdict.
Here's how hearings generally operate:
- The Title IX Coordinator will set a date, time, and location for your hearing. They will also appoint one or more individuals to oversee the proceedings and serve as decision-makers.
- At the hearing itself, you'll have the opportunity to present evidence and call witnesses on your behalf. The complainant will have a chance to do the same.
- You'll also be allowed to cross-examine—through your advisor—the complainant and any witnesses against you.
- Once both sides have presented their cases, the decision-maker(s) will decide whether or not you are “responsible” (guilty) for a Title IX violation. In making this decision, they will likely use what's known as the “preponderance of evidence” standard. Less strict than “beyond a reasonable doubt,” this standard requires decision-makers to find you responsible if they believe it is “more likely than not” that you committed an offense.
Finally, you have the right to appeal the hearing outcome. The school will limit how long you have to file this appeal, and it will probably only allow you to file an appeal for certain very specific reasons, such as the discovery of new evidence of a serious procedural mistake. It's also important to note that if you are exonerated at the hearing, the complainant can also appeal the verdict.
Choosing An Advisor
You want to be careful when choosing your advisor. You want an attorney, but you want one skilled with Title IX cases, someone who understands the law and has experience defending clients from sexual misconduct charges. Chances are, you won't find that person down on Main Street. Title IX attorneys are a specialized breed, and you may have to look beyond your own community or even your state.
That's OK, though. Title IX is a federal law. That means you don't need a local attorney. Any qualified lawyer can defend you. Your family attorney may know the local prosecutor and judges, but your case won't happen in court. It'll be investigated and heard by campus officials. You don't just want someone who knows people or who knows a lot of legal jargon. You want someone who also knows how to communicate effectively with school faculty and administrators.
In short, you don't want the closest attorney. You want the one who's most qualified. How do you know if an attorney is qualified? You can find out pretty quickly by asking three simple questions:
- How many Title IX cases have they handled?
- What's their success rate with Title IX cases?
- What specific strategies would you use to handle your case?
Joseph D. Lento, Title IX Attorney
Joseph D. Lento is a fully qualified, licensed defense attorney who specializes in Title IX cases. He's helped hundreds of clients defend themselves from sexual misconduct charges, from simple harassment accusations to allegations of sexual assault and rape. Joseph D. Lento knows the law, he knows its history, and he knows the politics that surround it. No one is better prepared to guide you through the Title IX process or more capable of ensuring you get the best possible resolution to your case.
You'll find Joseph D. Lento empathetic to your case. He knows exactly how schools operate. He knows they sometimes treat respondents unfairly and that they frequently punish students with draconian sanctions that don't fit the offense. He's determined to put a stop to it. Joseph D. Lento will make sure your school respects your due process rights.
If you or your child have been accused of Title IX sexual misconduct in New Hampshire, get help now. Contact the Lento Law Firm's New Hampshire office today at 888-555-3686 or use our automated online form.
New Hampshire 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:
- Chester College of New England
- Colby Sawyer College
- Daniel Webster College
- Dartmouth College
- Franklin Pierce University
- Granite State College
- Great Bay Community College
- Hesser College
- Keene State College
- Lakes Region Community College
- Lebanon College
- Manchester Community College
- Nashua Community College
- New England College
- New Hampshire Institute of Art
- NHTI Concord's Community College
- Northeast Catholic College
- Plymouth State University
- River Valley Community College
- Rivier College
- Saint Anselm College
- Southern New Hampshire University
- St. Joseph School of Nursing
- Thomas More College of Liberal Arts
- University of New Hampshire at Manchester
- University of New Hampshire Main Campus
- White Mountains Community 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 futures 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 New Hampshire and throughout the nation. Make certain your or your student's interests are protected - Contact National Title IX attorney Joseph D. Lento today.
