Title IX of the Education Amendments is a federal law that prohibits gender-based discrimination in higher education. Ever since its enactment in 1972, it's been applied in a wide span of gender-related intercollegiate issues in Vermont colleges and universities. Nevertheless, recently, it's commonly referenced in cases involving a more pervasive form of gender discrimination: sexual misconduct.
A “respondent” in a Title IX matter is a person who has been accused of sexual misconduct. There's an unshakeable stigma that comes with being a respondent in these cases that often warrants premature judgment and mistreatment. Being a student-athlete who also happens to be a respondent adds another layer of complexity to an already difficult process. To successfully navigate your school's process as a student-athlete respondent, you absolutely need the help of an attorney-advisor. Here's why.
There's a Possibility You'll Lose Your Scholarship
All it takes is one false accusation for your scholarship to slip through your fingers. In the past, the National Collegiate Athletic Association (NCAA) has been under fire for going too easy on college athletes with a history of sexual violence. But pressure from lobbyists and advocacy groups has now prompted the association to crack down on athletes who are found responsible for sexual misconduct by barring them from receiving and maintaining athletic scholarships. With your scholarship at stake, it's in your best interest to get the help of a legal representative.
The Odds Are Against You
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 a college or university. The data provided that about 6.3% of Title IX complaints alleging sexual misconduct 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. You can only guarantee fairness and due process with the guidance of an experienced attorney advisor.
You Might Be Suspended Pending an Investigation
Higher education institutions are big on integrity. This is why colleges and universities don't hesitate to bring down the hammer when their students acquire criminal charges. Take the UCLA shoplifting scandal that surfaced in 2017. Freshman athletes LiAngelo Ball, Cody Riley, and Jalen Hill were suspended indefinitely immediately after allegations of stealing sunglasses from a Louis Vuitton store while in China. But when it comes to Title IX investigations, the response of Vermont institutions are ironically harder to gauge.
Without a specific uniform protocol, third parties like coaches and athletic directors have the discretion to make decisions that can affect your athletic career. It would be nice to think that these decisions are being made with your best interest in mind, but that is rarely the case. Whether or not you play may or may not be motivated by the desire of an athletic coach to maintain a scandal-free program.
Some schools have limited the freedom of athletic figures like coaches and directors by creating rules that solely allow administrators and deans to impose interim measures. This is why understanding your school's rules regarding your eligibility to play is important.
Are You a Student-Athlete Who's Been Accused of Sexual Misconduct? Contact the Lento Law Firm
The only way to make sure your voice is heard and that your rights are protected in a Title IX investigation in Vermont to retain a student defense attorney. The assistance of an attorney-advisor is invaluable in the Title IX process, especially for student-athlete respondents. 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.
Vermont 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:
- Bennington College
- Castleton State College
- Champlain College
- College of St Joseph
- Community College of Vermont
- Goddard College
- Green Mountain College
- Johnson State College
- Landmark College
- Lyndon State College
- Marlboro College
- Middlebury College
- Norwich University
- Saint Michael's College
- Southern Vermont College
- Sterling College
- University of Vermont
- Vermont Technical College
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 Vermont 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 Vermont and throughout the nation. Make certain your or your student's interests are protected - Contact National Title IX attorney Joseph D. Lento today.