The federal government implemented Title IX laws in 1972 through the U.S. Department of Education. The majority of educational institutions in the country must act according to these provisions, which prohibit sexual discrimination. Failing to adhere to the requirements of Title IX could be grounds for losing critical federal education funding. Students that violate these rules, such as through sexually-based misconduct, may face sanctions such as suspension or expulsion. Those faced with these allegations should promptly seek legal assistance. The Lento Law Firm has the experience to effectively defend students in these disciplinary matters and ensure their rights to due process are protected.
Overview of Title IX Hearings
Any allegations received by the campus administration are taken seriously and promptly investigated. A hearing is ultimately conducted where the accused party may contest the claims. These hearings do not have the majority of the formal processes that exist in the criminal or civil courts. The federal government has some currently pending revisions that may significantly change the ways that Title IX processes are handled.
Burden of Proof for Potential Violations
The standard of evidence to be used in these actions was not explicitly stated in the original Title IX provisions. In recent years, federal guidance has led to the “preponderance of the evidence” standard being the norm. A current proposed change to Title IX provisions would allow for usage of a “clear and convincing evidence” standard. Students have a right to be accompanied by an advisor at these disciplinary hearings. Traditionally, advisors have assumed mostly a support role. Educational administrators have been known to rush their judgment in these matters and not always fully consider the rights of the accused.
How Will An Adviser Help?
An adviser will afford you some excellent benefits in preparing and executing your defense including:
- Ensuring you are well prepared with a planned defense strategy
- Drafting highly impactful opening and closing statements
- Making sure you are comfortable responding to questions that you will likely be asked
- Compiling strong evidence, with supportive documentation and possible expert input to be presented
- To better ensure that you are treated in an equitable (fair) manner
- Assistance with unexpected developments that may arise during the hearing
- Maximizing opportunities for cross-examination of accusers and witnesses when possible
- Emotional support and guidance as you navigate the process
- Your attorney will keep abreast on the pending changes to the Title IX provisions
Can an Adviser Assist in Appealing a Decision?
Some students underestimate the consequences that a Title IX violation may have on their educational plans. Ideally, you should retain legal assistance when you are initially informed of such allegations. An adviser will certainly be of tremendous help in the appeals process. Those wishing to appeal a decision should act promptly, as institutions often require notice of intent within a matter of days or weeks.
Adviser for Students Accused of Violating Title IX in Idaho
Attorney Joseph D. Lento closely reviews the individual circumstances and evidence surrounding claims of Title IX violations and acts with your best interest in mind. Students in Idaho who are in need of legal assistance are encouraged to contact the office for a consultation at (888) 535-3686.
Idaho colleges and universities where Joseph D. Lento can help as your or your student's Title IX advisor during hearings, in addition to investigations and appeals, include, but are not limited to, the following schools:
- Boise Bible College
- Boise State University
- Brigham Young University Idaho
- Broadview University
- Brown Mackie College Boise
- College of Southern Idaho
- CollegeAmerica Stevens Henager College
- Eastern Idaho Technical College
- Idaho State University
- ITT Technical Institute Boise
- Lewis Clark State College
- North Idaho College
- Northwest Nazarene University
- Stevens Henager College
- The College of Idaho
- University of Idaho
- University of Phoenix Idaho Campus
Winning a Title IX hearing can mean the difference between achieving one's academic and professional goals or having these goals upended. When accused of sexual misconduct, it is critical to not take the matter lightly and to instead vigorously defend against the allegations. Title IX cases can be won, and Joseph D. Lento has a decade of experience passionately fighting for the future of his clients at colleges and universities throughout the nation and winning. 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 Title IX disciplinary cases in Idaho and throughout the nation. Make certain your or your student's interests are protected - Contact National Title IX attorney Joseph D. Lento today.