What is Title IX?
Title IX of the Education Amendments is a federal civil rights law that does not permit gender-based discriminatory actions committed by and against students staff and faculty in federally funded educational institutions. It provides that “no person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.”
Title IX has been applied to a number of controversial issues throughout the years. But as of now, it is commonly enforced in reference to sexual assault on college campuses.
Title IX and Sexual Misconduct
Sexual misconduct such as sexual harassment, sexual assault, and rape are considered gender-based discrimination in accordance with Title IX. Schools in compliance with this law are required to handle cases of this nature by investigating and carrying out this law's processes to determine if a student is innocent or guilty. It is a higher education institution's responsibility to reprimand and impose disciplinary action against a student if two conditions are met:
- The assault occurred on school property; and
- The school is responsible for the accused party (he or she attends the college or university).
Although these processes may seemingly resemble those carried out by the criminal justice system, you aren't afforded the same rights as someone in the system. The rights that a person outside the jurisdiction of a school would have, such as confronting your accuser and even the right to know the identity of an accuser, are ones that aren't guaranteed by a school. This is why it's especially important that you, as an accused student, take advantage of your right to an attorney.
The Benefits of Choosing an Attorney as Your Title IX Advisor
Federal law grants both the accused and an accuser the option of choosing anyone they would like to be their advisor. This individual plays an important role in a case, as their knowledge and advice could be utilized to help an accused student present their account of events effectively. Although students can choose anyone, selecting an attorney to accompany them through this process will level the playing field in a situation when the odds are truly against the accused.
If you have been accused of sexual assault and have yet to choose an advisor, here are a few reasons why you should select a legal professional to occupy this role:
An attorney will hold colleges and universities responsible for their actions
You may not be aware when your rights are being stripped by a school or you are being treated unfairly, but an attorney will know. They have the authority to object to this unjust behavior by issuing a “litigation hold” letter to a school. This legal document warns school authorities that a lawsuit could be brought against their institution if there is any evidence that they are mistreating the accused. The protection of your rights means everything in a case of this nature, and a lawyer on your side will ensure you are granted every right that you are entitled to.
An attorney will help you prepare for a hearing
You will have to prepare a statement, gather witnesses and represent yourself in a hearing, and there's a high likelihood that you don't know how to do these things on your own. A lawyer, however, does these things for a living. It only makes sense to pick one as your advisor.
An attorney will not disclose confidential information
Attorneys have no incentive to disclose personal information that you have told to them in a hearing, or more importantly, in a criminal trial if charges are brought. Choosing a school appointed advisor, or anyone else for that matter comes with that risk.
Experienced Oklahoma Title IX Advisor
If you attend an Oklahoma higher education institution and are facing allegations of sexual assault, you should immediately consult with a professional who is dedicated to making certain your academic and professional goals are protected. Contact skilled Title IX advisor Joseph D. Lento today for help.
Oklahoma 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:
- Bacone College
- Brown Mackie College Tulsa
- Cameron University
- Career Point College
- Carl Albert State College
- Connors State College
- DeVry University Oklahoma
- East Central University
- Eastern Oklahoma State College
- Family of Faith College
- Hillsdale Free Will Baptist College
- ITT Technical Institute Oklahoma City
- ITT Technical Institute Tulsa
- Langston University
- Mid America Christian University
- Murray State College
- National American University Tulsa
- Northeastern Oklahoma A&M College
- Northeastern State University
- Northern Oklahoma College
- Northwestern Oklahoma State University
- Oklahoma Baptist University
- Oklahoma Christian University
- Oklahoma City Community College
- Oklahoma City University
- Oklahoma Panhandle State University
- Oklahoma State University Institute of Technology Okmulgee
- Oklahoma State University Main Campus
- Oklahoma State University Oklahoma City
- Oklahoma Wesleyan University
- Oral Roberts University
- Redlands Community College
- Rogers State University
- Rose State College
- Saint Gregorys University
- Seminole State College
- Southeastern Oklahoma State University
- Southern Nazarene University
- Southwestern Christian University
- Southwestern Oklahoma State University
- Spartan College of Aeronautics and Technology
- Tulsa Community College
- University of Central Oklahoma
- University of Oklahoma Norman Campus
- University of Phoenix Oklahoma City Campus
- University of Phoenix Tulsa Campus
- University of Science and Arts of Oklahoma
- University of Tulsa
- Vatterott College Tulsa
- Western Oklahoma 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 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 Oklahoma and throughout the nation. Make certain your or your student's interests are protected - Contact National Title IX attorney Joseph D. Lento today