Few accusations carry the weight of a sexual misconduct accusation. If your high school or college has formally charged you, you're likely feeling completely overwhelmed by what you're facing. Someone you trusted, maybe even loved, has betrayed you. Your school, the institution that is supposed to be educating you and preparing you for the future, is now investigating you. And things will likely get more difficult before they get better.
You don't have to go through all of this alone, though. Title IX allows anyone who has been accused to select an advisor to help them prepare their case. That advisor can be—and should be—a Title IX attorney.
How Title IX Works
The first thing you need to know as you prepare for your case is just how Title IX works. Title IX is a federal law passed in 1972 and originally intended to limit sexual discrimination in US education programs. Over the last fifty years, it has become the primary means by which schools investigate and adjudicate accusations of sexual misconduct. Here are the law's basic guidelines.
- Your school must have a Title IX Coordinator. All accusations go through this official. While anyone may report misconduct, only a complainant or a Coordinator may actually sign an official complaint against you.
- You are entitled to receive notice if you are being investigated for a Title IX offense. That notice should include the name of the complainant and details about the allegation. In addition, it should remind you of your rights as a respondent. For example, you have the right to be presumed “not responsible” (innocent) until proven responsible. You also have the right to an advisor, and this advisor may be an attorney.
- The first part of the case is an investigation. The Coordinator assigns the Investigator. This person meets with both sides in the case, collects any physical evidence, and interviews potential witnesses.
- When the investigation is complete, the Investigator submits a written report of their findings. Both sides in the case have ten days to read through this report and raise any objections.
- On the college level, the second half of the case is a live hearing, where you have the opportunity to defend yourself. High schools can also use hearings. However, under Title IX, they are not required to do so. Instead, they may assign a single person to review the investigative report and decide whether or not you are responsible for a violation.
- If you do have a hearing, your advisor will present evidence and question witnesses on your behalf. You also have the right to cross-examine the complainant and any witnesses against you. Of course, the complainant has the same rights.
- Most schools appoint a single Hearing Official to oversee the proceedings and decide the case, though some use a panel of decision-makers. In either case, your responsibility (guilt or innocence) will be decided based on what's called the “preponderance of evidence” standard. This standard is much less strict than the one you're probably familiar with, “beyond a reasonable doubt.” It asks only that decision-makers be over fifty percent convinced that you committed a violation.
- Both sides have the right to appeal the hearing ruling. Typically, there is a limited amount of time in which to file such an appeal, sometimes as little as three days. In addition, appeals can usually only be made for a handful of very specific reasons, including:
◦ The discovery of new evidence
◦ The demonstration of procedural mistakes
◦ The demonstration of bias on the part of a Title IX official
Choosing an Advisor
You may be tempted to hire a local or family attorney to serve as your advisor. After all, it can be hard to talk to someone you don't know about sensitive topics like your sexual history.
Here's why that's a bad idea.
- First, Title IX is a federal law. While a local attorney will be familiar with Ohio's state laws, they likely won't know much about federal law, particularly about Title IX. You need someone who understands Title IX, who knows the law's history, and who keeps up with the politics associated with it.
- Second, a school hearing is quite different from a courtroom hearing or trial. You want an advisor who isn't just comfortable in front of a judge and jury but who is used to talking with school faculty and administrators.
- Finally, family attorneys often assume that a school matter isn't as serious as a court case since it doesn't involve criminal charges. It is true that your school can't send you to prison. However, the minimum sanction in most Title IX cases is suspension. More often, schools expel students who are found responsible for sexual misconduct. This can have repercussions that are every bit as serious as jail time.
Title IX attorneys focus specifically on Title IX cases. They understand the law and its many idiosyncrasies. When you're looking for an advisor, then, you need to look not for someone who knows your state and local laws but for someone who is skilled and experienced with Title IX cases. Here are a few questions to ask anyone you're thinking of choosing as an advisor:
- How many clients have they defended from Title IX charges?
- What kind of success rate do they have with Title IX cases?
- What strategies will they use for your specific situation?
It may feel awkward trusting a stranger with your case, but your attorney will always have your best interests at heart. More importantly, winning your case matters far more than whether or not you're a little uncomfortable.
Joseph D. Lento, Title IX Attorney
Joseph D. Lento is a nationally recognized Title IX attorney. In fact, he built his career defending students just like you from all kinds of misconduct charges. He's dealt with every kind of accusation, from simple verbal harassment to sexual assault and rape. He knows the law; he knows how schools operate.
Most importantly, though, Joseph D. Lento is empathetic. He recognizes that schools are far too quick to initiate investigations and far too severe in their punishments. He's committed to stopping them.
If you or your child have been accused of Title IX sexual misconduct in Ohio, don't wait. You need help now. Contact the Lento Law Firm's Ohio office today at 888-555-3686 or use our automated online form.
Ohio 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:
- Allegheny Wesleyan College
- American Institute of Alternative Medicine
- Antonelli College Cincinnati
- Art Academy of Cincinnati
- Ashland University
- ATS Institute of Technology
- Aultman College of Nursing and Health Sciences
- Baldwin Wallace College
- Beckfield College Tri County
- Belmont Technical College
- Bluffton University
- Bowling Green State University Firelands
- Bowling Green State University Main Campus
- Bradford School
- Brown Mackie College Akron
- Brown Mackie College Cincinnati
- Brown Mackie College Findlay
- Brown Mackie College North Canton
- Bryant & Stratton College Cleveland
- Bryant and Stratton College Eastlake
- Bryant and Stratton College Parma
- Capital University
- Case Western Reserve University
- Cedarville University
- Central Ohio Technical College
- Central State University
- Chamberlain College of Nursing Ohio
- Chancellor University
- Chatfield College
- Cincinnati Christian University
- Cincinnati College of Mortuary Science
- Cincinnati State Technical and Community College
- Clark State Community College
- Cleveland Institute of Art
- Cleveland Institute of Music
- Cleveland State University
- College of Mount St. Joseph
- Columbus College of Art and Design
- Columbus State Community College
- Cuyahoga Community College District
- Davis College
- Daymar College Chillicothe
- Daymar College Jackson
- Daymar College Lancaster
- Daymar College New Boston
- Defiance College
- Denison University
- DeVry University Ohio
- Eastern Gateway Community College
- Edison State Community College
- ETI Technical College
- Fortis College Centeville
- Fortis College Cincinnati
- Fortis College Columbus
- Fortis College Cuyahoga Falls
- Fortis College Ravenna
- Franciscan University of Steubenville
- Franklin University
- Gallipolis Career College
- Gods Bible School and College
- Good Samaritan College of Nursing & Health Science
- Harrison College Grove City
- Heidelberg University
- Herzing University Akron Campus
- Herzing University Toledo
- Hiram College
- Hocking College
- Hondros College
- International College of Broadcasting
- ITT Technical Institute Akron
- ITT Technical Institute Columbus
- ITT Technical Institute Dayton
- ITT Technical Institute Hilliard
- ITT Technical Institute Maumee
- ITT Technical Institute Norwood
- ITT Technical Institute Strongsville
- ITT Technical Institute Warrensville Heights
- ITT Technical Institute Youngstown
- James A Rhodes State College
- John Carroll University
- Kent State University at Ashtabula
- Kent State University at East Liverpool
- Kent State University at Geauga
- Kent State University at Kent
- Kent State University at Salem
- Kent State University at Stark
- Kent State University at Trumbull
- Kent State University at Tuscarawas
- Kenyon College
- Kettering College of Medical Arts
- Lake Erie College
- Lakeland Community College
- Lincoln College of Technology Cleveland
- Lincoln College of Technology Columbus
- Lincoln College of Technology Dayton
- Lincoln College of Technology Franklin LCT
- Lincoln College of Technology Toledo
- Lincoln College of Technology Tri County
- Lincoln College of Technology Vine Street
- Lorain County Community College
- Lourdes University
- Malone University
- Marietta College
- Marion Technical College
- Mercy College of Ohio
- Miami University
- Miami University Hamilton
- Miami University Middletown
- Miami Jacobs Career College
- Miami Jacobs Career College Columbus
- Miami Jacobs Career College Dayton
- Miami Jacobs Career College Sharonville
- Miami Jacobs Career College Springboro
- Miami Jacobs Career College Troy
- Mount Carmel College of Nursing
- Mount Vernon Nazarene University
- Muskingum University
- National College Cincinnati
- National College Columbus
- National College Dayton
- National College Stow
- National College Willoughby Hills
- National College Youngstown
- North Central State College
- Northwest State Community College
- Notre Dame College
- Oberlin College
- Ohio Business College Columbus
- Ohio Business College Sandusky
- Ohio Business College Sheffield
- Ohio Christian University
- Ohio College of Massotherapy Inc
- Ohio Dominican University
- Ohio Mid Western College
- Ohio Northern University
- Ohio State University
- Ohio State University Agricultural Technical Institute
- Ohio State University Lima Campus
- Ohio State University Mansfield Campus
- Ohio State University Marion Campus
- Ohio State University Newark Campus
- Ohio University Chillicothe Campus
- Ohio University Eastern Campus
- Ohio University Lancaster Campus
- Ohio University Main Campus
- Ohio University Southern Campus
- Ohio University Zanesville Campus
- Ohio Valley College of Technology
- Ohio Wesleyan University
- Otterbein University
- Owens Community College
- Pontifical College Josephinum
- Professional Skills Institute
- Rabbinical College Telshe
- Remington College Cleveland Campus
- Remington College Cleveland West Campus
- Rosedale Bible College
- Sanford Brown College Middleburg Heights,
- School of Advertising Art Inc.
- Shawnee State University
- Sinclair Community College
- Southern State Community College
- Stark State College
- Stautzenberger College Brecksville
- Stautzenberger College Maumee
- Terra State Community College
- The Art Institute of Cincinnati
- The Art Institute of Ohio Cincinnati
- The Christ College of Nursing and Health Sciences
- The College of Wooster
- The University of Findlay
- Tiffin University
- Tri State Bible College
- Trumbull Business College
- Union Institute & University
- University of Akron Main Campus
- University of Akron Wayne College
- University of Cincinnati Clermont College
- University of Cincinnati Main Campus
- University of Cincinnati Raymond Walters College
- University of Dayton
- University of Mount Union
- University of Northwestern Ohio
- University of Phoenix Cincinnati Campus
- University of Phoenix Cleveland Campus
- University of Phoenix Columbus Ohio Campus
- University of Rio Grande
- University of Toledo
- Urbana University
- Ursuline College
- Vatterott College Cleveland
- Virginia Marti College of Art and Design
- Walsh University
- Washington State Community College
- Wilberforce University
- Wilmington College
- Wittenberg University
- Wright State University Lake Campus
- Wright State University Main Campus
- Xavier University
- Youngstown State University
- Zane State 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 New Jersey and New York, 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 Ohio and throughout the nation. Make certain your or your student's interests are protected - Contact National Title IX attorney Joseph D. Lento today.
