If you've been accused of sexual misconduct at the University of Nebraska, you're probably experiencing a lot of complex and even competing emotions right now. It would be natural to feel angry and frustrated. You might feel like you've been betrayed. Somewhere in that mix, you're bound to be feeling confused as well. You want to know just what you're facing. Will there be an investigation? Will you have a chance to clear your name? What could happen to you and your academic future? You need answers, and you need them now.
Before you do anything else, stop and take a breath. You're facing an uphill battle at the University of Nebraska as with most schools, and you need to take that battle seriously. You can overcome this setback, though. You're a college student: you're smart, you're capable, you're resilient. You also don't have to take on this situation alone. A qualified Title IX attorney can stand beside you, help you craft a strong defense, and make sure your rights aren't ignored.
Take the time now, at the beginning, to find out as much as you can about how your school deals with sexual misconduct allegations. That way, you'll be prepared for whatever happens. Then, make sure you have the best lawyer you can find to look out for your interests.
Sexual Misconduct and Title IX
Like almost every other school, the University of Nebraska, Lincoln, deals with most sexual misconduct accusations using the federal government's Title IX statute. Almost fifty years old now, this law was originally intended to eliminate sexual discrimination and harassment at all publicly funded educational institutions in the U.S. It certainly accomplished that task. Once openly hostile, even dangerous places for women, most college campuses today are positioned at the leading edge of women's rights.
Along the way, though, Title IX wound up serving a lot of other functions as well. Over time, the definitions of “discrimination” and “harassment” have grown wider so that now you can be charged with a Title IX violation for anything from stalking and sexual assault to making a tasteless joke.
As Title IX has come to cover more crimes, its procedures have become more and more unbalanced in favor of complainants. Not all that long ago, respondents could be found responsible and expelled without ever having the chance at a hearing. Schools simply appointed an individual to investigate the matter, and this single person decided all the facts in the case.
The Trump administration did what it could to correct this situation in 2020, passing a new set of guidelines for how universities could prosecute Title IX cases. Among the changes, Trump tightened the definition of “discrimination,” narrowed school jurisdictions, and guaranteed all respondents the right to confront their accusers at a formal hearing.
Unfortunately, many imbalances in Title IX remain. Additionally, the Biden administration has vowed to roll back the few protections Trump put into place. That's why it is so important to know exactly what you're up against if you've been charged with sexual misconduct. Defending yourself won't be easy. It's also why it's so important that you don't try to handle this situation all on your own.
Title IX at University of Nebraska, Lincoln
Title IX cases begin with a formal complaint. Often these are made by the complainants themselves, but your school's Title IX coordinator can also sign a complaint against you.
The Title IX office examines the details of the complaint and makes a decision about whether or not to proceed with the case. However, because schools must demonstrate Title IX compliance or risk their federal funding, it is rare for a school to simply dismiss a complaint.
If the case moves forward, the Title IX Coordinator appoints an investigator to look into the alleged incident. This person interviews both you and the complainant, questions any witnesses, and collects any physical evidence. From the beginning, you have the right to appoint an advisor, and this advisor can be an attorney. This person can help you prepare your defense and can accompany you to any interviews.
At the end of the investigation, the investigator writes up a complete report. Both sides then have the opportunity to review this document and comment on it before it is submitted to the Title IX office.
Once the report is submitted, the Title IX coordinator sets a date for a formal hearing and appoints someone to decide the case. At the University of Nebraska, Lincoln, your case will be heard by a three-person committee made up of faculty, students, and administrators who have been trained in campus judicial procedures.
During the hearing itself, you'll be asked to make your own opening and closing statements if you have them. Otherwise, however, your advisor handles the case. They interview witnesses, present evidence, and raise any objections on your behalf.
The committee is not required to find you “guilty beyond a reasonable doubt.” Instead, they use the much less strict “preponderance of the evidence” standard. Under this rule, they can find you “responsible” if they believe the event is “more likely than not” to have occurred.
If the panel should find you responsible, you have the right to appeal your case to the university president or provost. However, you may only lodge an appeal if new evidence has been uncovered or if you can show a clear bias in the Title IX process and procedures.
Attorney Joseph D. Lento Handles Title IX
University sexual misconduct cases are serious business. Your school can't send you to prison, but it can certainly punish you. Suspension is usually the minimum sanction you'll face. More likely, the school will try to expel you. That could mean the end of your academic studies, and it could make it difficult to start a career.
Given what's at stake and given just how difficult a Title IX defense can be, you need the very best legal representation you can find. Attorney Joseph D. Lento has handled hundreds of sexual misconduct cases at schools all over the country. He knows exactly how Title IX is used and misused, and he's dedicated his career to standing up for student rights. Attorney Joseph D. Lento will stand beside you from start to finish. He'll make sure you get a fair investigation and hearing and the best possible resolution to your case.
If you've been accused of sexual misconduct at the University of Nebraska, Lincoln, don't wait to see what will happen next. Take control of your situation now. Contact the Attorney Joseph D. Lento and the Lento Law Firm today at 888-555-3686 or use our automated online form.
