At New Hampshire's colleges and universities, allegations of sexual assault and misconduct are issues that are taken very seriously. Violations of federal laws like Title IX are investigated and punished harshly because schools that do not comply with Title IX regulations can get into serious trouble. The federal government is very clear about the way that Title IX allegations must be handled. This is to ensure that all victims who come forward get the support and help that they need.
While on paper, this looks great, in practice, this often works against the accused. There are many examples of situations where college employees have had false allegations of sexual misconduct brought against them. New Hampshire colleges and universities are not courtrooms, so the way that they handle Title IX allegations is often sorely lacking. They can be very heavy-handed in the way that they conduct their investigations, inadvertently denying the accused students their due process rights.
If you've been accused of a Title IX allegation at your New Hampshire college or university, you need to work with an experienced attorney advisor who knows exactly what they need to do to help you protect your career and protect your future.
Joseph D. Lento and the experienced attorneys of the Lento Law Firm have years of experience helping New Hampshire colleges and university employees fight against these types of allegations. They will do everything in their power to make sure that they clear your name so that you can move forward.
What is Title IX?
Title IX is a federal civil rights law that was created in 1972 to prevent sexual discrimination at America's institutions of learning. It covers K-12 public schools, publicly funded universities and colleges, and any private college that receives any type of federal funding. Examples of federal funding include federal student loans, the Pell grant, work-study programs, and research grants. In other words, practically all colleges and universities in the state of New Hampshire are subject to Title IX regulations.
The US Department of Education has a very specific process in place that universities and colleges in New Hampshire must follow when dealing with Title IX allegations. This process includes ensuring that there are protections in place for both the petitioner and the respondent. Even so, schools are often very aggressive against the accused student in order to make sure that they're following regulations, putting that student at a major disadvantage.
Title IX law can be extremely confusing, so having an experienced Title IX legal advisor on your side is critical if you want to save your future.
Does Title IX Apply to Me?
Title IX applies to practically everyone on campus, including students, faculty members, administrators, coaches, resident assistants, trainers, and other staff. Part-time employees are included as well.
Title IX law covers various types of sexual misconduct, including stalking sexual, harassment, statutory rape, domestic violence, and intimate partner or dating violence.
What is the Title IX Process?
The Title IX process begins as soon as an allegation is brought to the Title IX coordinator at your New Hampshire college or university. Allegations must be investigated swiftly and dealt with immediately. Because of this, New Hampshire colleges and universities are sometimes overly aggressive when it comes to investigating a case. Instead of following the rules and ensuring the protection of both parties, schools often come down extra hard on accused students. This is a very dangerous situation for you because by acting in this way, the school could be denying you your due process rights. If you don't have the Title IX know-how to fight the allegations, you could lose everything.
Once the Title IX coordinator receives the complaint, they have to review the details of the complaint and make a determination as to whether to move forward with an investigation or to close it. If they decide to move forward, they will assign an investigator to the case. The investigator will interview both you and the petitioner, gathering evidence and interviewing witnesses on both sides.
Once the investigator has finished their investigation, they'll put a report together and send out a copy of the report to both you and the petitioner. You'll both have an opportunity to review it and make any changes. Once the report is finalized, the investigator will send it to the Title IX coordinator. At this point, a hearing is scheduled.
You are allowed to bring a legal advisor with you to a Title IX hearing at your New Hampshire college or university. This is an extremely important "must do" because your attorney advisor has the experience necessary to properly interview witnesses, closely examine the evidence, interview witnesses and properly prepare your evidence. Having someone who is completely knowledgeable about this entire process is invaluable
Once the hearing is over, the committee or person in charge of making a decision will examine all the information and make a decision. In order to find you guilty, they need to find that you were guilty by a preponderance of the evidence standard. This standard is actually lower than the standard used by criminal courts, the "beyond a reasonable doubt" standard.
Once a decision is made, both you and the petitioner have 10 days to file an appeal. You can only file an appeal if there was an error in the application of Title IX law, if one of the decision-makers was biased against you, or if new evidence is brought to light.
Work With an Attorney
Working with an attorney advisor is critically important when dealing with Title IX allegations brought against you. That advisor will be able to make sure that you have a good strong strategy, they'll help you draft great opening and closing statements, they'll make sure that you're ready to answer any questions that are posed to you in a calm and rational way, and they'll make sure that you are treated fairly throughout the whole process.
The Title IX process should not be taken lightly. The sanctions involved are severe and could mean being fired from your New Hampshire college or university and the end of your career. If you're a student employee, you could be both fired and expelled. The negative marks on your record will follow you far into the future.
Joseph D Lento and his team have successfully defended people fighting Title IX allegations for years, so they know exactly what to do when it comes to defending their clients. They're the team that you need on your side to protect your present and preserve your future.
Reach out to the Lento law firm at 888-535-3686 so that you can discuss next steps. Your life is worth it.