Title IX was created to prevent sexually-based discrimination within educational institutions. Originally implemented in 1972 by the U.S. Department of Education, these requirements are enforced at most colleges and universities. Failing to comply potentially jeopardizes an institution's sources of federal education funding. When a student is alleged to have acted in a manner that constitutes a violation, such as those of sexual misconduct, the campus administration has a duty to investigate. Violators may face sanctions that include disciplinary probation, suspension or expulsion. Those facing such accusations are wise to consult with an attorney. The Lento Law Firm offers experienced defense for those in Title IX matters.
Investigation & Hearing
The administrative staff's investigation will gather evidence. Students who are accused are afforded an opportunity to defend themselves in a disciplinary hearing. These hearings do not have most of the legal formalities that are found in criminal or civil actions. The nature of these hearings may be changing in some ways based on some recently proposed changes to Title IX.
Proving These Violations
The standard of evidence that is currently employed is that the allegations must be proven by a “preponderance of the evidence”. The original provisions had not specified the burden of proof; therefore, this standard that is used in civil actions has since been adopted. Federal Title IX provisions have been proposed recently that would allow institutions to use the “clear and convincing evidence” standard. When attending disciplinary hearings, students have a right to be accompanied