Title IX is a federal law that bans gender discrimination in federally funded university and college campuses. Upon its enactment in 1972, the law was utilized to address ongoing complaints of inequality in intercollegiate sports, but in recent years this law is brought up in circumstances involving a more prevalent form of gender discrimination: sexual misconduct.
The majority of Delaware higher education institutions adhere to Title IX. So, once your school receives notification of sexual misconduct, the Title IX process will begin. Most Delaware schools are required, in accordance with Title IX, to promptly and equitably adjudicate all complaints.
A “respondent” is a party in this matter who has been accused of sexual misconduct. The stigma that is attached to the role of a respondent in these cases is incredibly damaging within itself. However, being a student-athlete presents another layer of complexity to an already uphill battle for respondents in this process. To successfully navigate your school's guidelines and to achieve a fair outcome, you absolutely need the help of an attorney-advisor. Here are some reasons why:
You Might Be Suspended Pending The Investigation
After you've been accused of sexual misconduct, your school will conduct a fact-finding investigation. Throughout the course of this investigation, a series of interim measures may be imposed until a determination is made. Of the most detrimental interim measures for student-athletes is suspension from the team.
In the absence of specific uniform protocol and guidelines regarding who imposes interim measures, outside parties like athletic directors and coaches have the liberty to make decisions that will affect your athletic career. In a perfect world, you'd trust that these decisions are made in your best interest, but unfortunately, this isn't always the case. Many athletes learn the hard way that their ineligibility to play may or may not be rooted in the desire to maintain scandal-free programs.
You Could Lose Your Scholarship
Because of pressure from lobbyists and advocacy groups, The NCAA is cracking down on student-athletes who are found responsible for sexual misconduct. Its Committee to Combat Sexual Violence has made a pledge to become stricter about barring college-athletes who have been found responsible for sexual misconduct from receiving athletic scholarships.
Student-Athletes are More Likely to be Named as Respondents in Title IX Complaints
According to an analysis by ESPN television program, Outside the Lines, college athletes are three times more likely than other students to be accused of sexual misconduct at Power 5 conference schools. The data provided that about 6.3 percent of Title IX complaints against students - whether the complaint resulted in a formal investigation or not - involved an athlete as the person accused of wrongdoing. Whether or not the student-athletes were found “responsible” for these accusations were not included in the study.
The findings of this analysis may not be all too surprising given the countless number of high-profile cases of sexual misconduct that have surfaced involving very prominent student-athletes. Nonetheless, this information should compel you to ensure that the adjudication process is as fair as it could possibly be.
Contact the Lento Law Firm Today
The only way to make sure your voice is heard and that your rights are protected in a Title IX investigation in Delaware to retain a student defense attorney. The assistance of an attorney-advisor is invaluable in the Title IX process, especially for respondents who are student-athletes. Attorney Joseph D. Lento has the skill and expertise to help you effectively navigate the process. For a case evaluation or for more information about his representation, contact him online or give him a call at 888-535-3686 today.
Delaware colleges and universities where Joseph D. Lento can help as your or your student athlete's Title IX advisor during investigations, hearings, and appeals include, but are not limited to, the following schools:
- Delaware College of Art and Design
- Delaware State University
- Goldey–Beacom College
- University of Delaware
- Wesley College
- Widener University–Delaware Campus
- Wilmington University
All students must be extremely mindful when accused of sexual misconduct at their college or university; student athletes in particular, however, can have even more concerns at all stage of Title IX proceedings because the stakes are higher yet – When first contacted by their school's Title IX office, when a sexual misconduct investigation begins, when facing a hearing or an appeal, or when seeking further recourse by filing a Title IX complaint with the Department of Education Office of Civil Rights when necessary. For student athletes in Delaware who are facing a Title IX case and their families, it is critical to take the necessary precautions as soon as possible, including having an experienced attorney advisor, when accused of sexual misconduct. Unfortunately, many student athletes and their families, not being as familiar what is at stake and also their rights in the process, will mistakenly believe that if they "just explain what happened," everything will work out. Title IX cases can be won, but student athletes and their families must recognize, however, that achieving a favorable in a Title IX case requires a dedicated and intensive approach best handled by a professional who has a track record of successes in the Title IX disciplinary arena.
Fighting passionately for the future of student athletes at colleges and universities throughout the nation for over a decade, Joseph D. Lento knows how important it is to mount the strongest defense because he understands that a student athlete's academic and professional future, in addition to a post-college athletic career, is on the line. 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, 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 to student athletes facing sexual misconduct investigations and disciplinary cases in Delaware and throughout the nation. Make certain your or your student's interests are protected - Contact National Title IX attorney Joseph D. Lento today.