Blog

Sued Out of Compliance

Posted by Joseph D. Lento | Oct 25, 2021 | 0 Comments

Recent court rulings have altered Title IX. These rulings have forced some schools out of compliance with the new rules. A major change comes from the US Department of Education, which recently announced that schools can now rely on witness statements that are not subject to cross-examination when making Title IX determinations. This gives Title IX defendants even less due process than they already have. If you're facing a Title IX claim, it is important to get an experienced attorney on your side as soon as possible.

What is Title IX?

Title IX is a federal law that was passed in 1972. It was passed to prohibit sex discrimination in education programs that receive federal financial aid. Almost all secondary institutions receive federal financial aid, which binds them to the requirements of Title IX.

Title IX claims involve allegations of gender-based harm such as sexual violence or harassment at a federally funded institution. Title IX proceedings are not criminal in nature and are administrative proceedings. The investigation in a Title IX claim seeks to determine whether the university policies on sexual violence or harassment have been violated. If, after an investigation, a violation is found, then the school will administer appropriate punishment.

Recent Court Case Examining Title IX

An important case involving Title IX joined four victim rights advocacy groups along with three individual plaintiffs to jointly challenge the 2020 Title IX regulations. The case, Victim Rights Law Center et al. v. Cardona, resulted in most of the 2020 amendments being upheld by the court. One major change the court made was in assessing a provision regarding whether a decision-maker can consider a witness statement who has not been subject to cross-examination. The court struck the following rule, which stated, “if a party or witness does not submit to cross-examination at the live hearing, the decision-maker must not rely on any statement of that party or witness when reaching a determination regarding responsibility.” In striking this provision, decision-makers in Title IX claims can now consider statements from witnesses who were never subject to cross-examination. This decision reinforces the necessity to have an experienced lawyer on your side to help defend your case as a decision-maker is given more power with this ruling. If you have legal questions, call us at the Lento Law Firm so we can help!

Why Hiring the Lento Law Firm is the Right Choice

If you are involved in a Title IX claim, then it is important to seek the advice of a highly-experienced attorney. Attorney Joseph D. Lento has helped hundreds of students across the country who are facing Title IX actions. Call the Lento Law Firm today at 888-535-3686 to learn why hiring Attorney Lento and his team are the right choice to help you receive the equal protection of Title IX and other issues related to gender equity.

About the Author

Joseph D. Lento

"I pride myself on having heart and driving hard to get results!" Attorney Joseph D. Lento passionately fights for the futures of his clients nationwide. Attorney Lento and his team represent students and others in disciplinary cases and various other proceedings at colleges and universities across the United States. Attorney Lento has helped countless students, professors, and others in academia at more than a thousand colleges and universities across the United States, and when necessary, he and his team have sought justice on behalf of clients in courts across the nation. He does not settle for the easiest outcome, and instead prioritizes his clients' needs and well-being. Joseph D. Lento is licensed in Pennsylvania, New Jersey, and New York, is admitted pro hac vice as needed nationwide, and he can help you or your student address any school-related issue or concern anywhere in the United States.

Comments

There are no comments for this post. Be the first and Add your Comment below.

Leave a Comment

Contact Us Today!

footer-2.jpg

If you, or your student, are facing any kind of disciplinary action, or other negative academic sanction, and are having feelings of uncertainty and anxiety for what the future may hold, contact the Lento Law Firm today, and let us help secure your academic career.

This website was created only for general information purposes. It is not intended to be construed as legal advice for any situation. Only a direct consultation with a licensed Pennsylvania, New Jersey, and New York attorney can provide you with formal legal counsel based on the unique details surrounding your situation. The pages on this website may contain links and contact information for third party organizations - the Lento Law Firm does not necessarily endorse these organizations nor the materials contained on their website. In Pennsylvania, Attorney Joseph D. Lento represents clients throughout Pennsylvania's 67 counties, including, but not limited to Philadelphia, Allegheny, Berks, Bucks, Carbon, Chester, Dauphin, Delaware, Lancaster, Lehigh, Monroe, Montgomery, Northampton, Schuylkill, and York County. In New Jersey, attorney Joseph D. Lento represents clients throughout New Jersey's 21 counties: Atlantic, Bergen, Burlington, Camden, Cape May, Cumberland, Essex, Gloucester, Hudson, Hunterdon, Mercer, Middlesex, Monmouth, Morris, Ocean, Passaic, Salem, Somerset, Sussex, Union, and Warren County, In New York, Attorney Joseph D. Lento represents clients throughout New York's 62 counties. Outside of Pennsylvania, New Jersey, and New York, unless attorney Joseph D. Lento is admitted pro hac vice if needed, his assistance may not constitute legal advice or the practice of law. The decision to hire an attorney in Philadelphia, the Pennsylvania counties, New Jersey, New York, or nationwide should not be made solely on the strength of an advertisement. We invite you to contact the Lento Law Firm directly to inquire about our specific qualifications and experience. Communicating with the Lento Law Firm by email, phone, or fax does not create an attorney-client relationship. The Lento Law Firm will serve as your official legal counsel upon a formal agreement from both parties. Any information sent to the Lento Law Firm before an attorney-client relationship is made is done on a non-confidential basis.

Menu