In April of 2024, the Department of Education approved New Title IX rules, which are scheduled to take effect on August 1, 2024. Our firm is closely monitoring ongoing challenges to these new rules in court, and is working hard to provide you the most up-to-date information. Click here to learn about the current state of Title IX and how we can help if you are facing accusations.
When college or university administrators receive a complaint relating to a violation of Title IX rules they will promptly begin an inquiry. These allegations may include acts of sexual misconduct. If the university determines that sufficient evidence supports the allegation they may progress toward holding a disciplinary hearing. During this hearing, an accused student has the chance to challenge the claims. A fundamental aspect of the Title IX investigative process is that all parties are to be treated fairly. Often the accused party feels that the administration overlooks their rights to due process. Students facing such allegations are encouraged to consider retaining legal counsel. Joseph D. Lento is a seasoned attorney that will aggressively defend the accused.
Understanding Title IX
Likely Title IX complaints include those of sexual harassment, assault, or other related forms of misconduct. These claims are promptly investigated by designated members of the administration. Institutions of higher learning are unlikely to risk having their much needed federal education funds revoked for not complying with Title IX provisions. If their initial inquiry reveals that the allegations have merit, the administration will begin their formal disciplinary procedures. The U.S. Department of Education's division known as the Office of Civil Rights is responsible for overseeing Title IX.
What to Expect
There are some written guidelines that outline the disciplinary process in place at all colleges and universities. Some of these include the following:
- The written provisions (in their entirety) should be available to all students
- The guidelines pertain to allegations of sexual misconduct against students, staff, and others on the campus
- All of the parties involved may present evidence and witness testimony
- The administration has a responsibility to ensure the process is conducted in a “reasonably prompt time frame”
- All parties must be formally notified of rulings concurrently
Potential Sanctions
All of the potential sanctions and penalties that the administration may impose are documented in their annually published safety report. Common sanctions include imposing a disciplinary probation period, a suspension, or dismissal from the university. An appeal of an adverse outcome is possible if the necessary grounds are met, but the necessary steps to avoid such an adverse outcome must be taken as early as possible in the disciplinary process. That being said, if an appeal is warranted, an experienced advisor can help draft the strongest and most effective appeal possible.
Attorney Representation
Retaining an attorney that is familiar with these types of disciplinary processes is important. Your attorney will review the details of the complaint and all relevant evidence to compile a comprehensive strategy for your defense. Your attorney may also enter negotiations with members of the administration anytime during the process. Other potential evidence that supports your defense may include witness or expert testimony. You should be prepared to confidently respond to the questions that are likely to be asked at the hearing.
Lawyer Role in the Hearing
Your attorney will assist you with key aspects of hearing preparation. It is critical that you deliver an impactful opening and closing statement. Based on the potential format of the hearing, there may be an opportunity to cross-examine adverse parties. Your lawyer will seek to ensure that you are treated fairly throughout the proceedings and also allow you to better respond when unforeseen developments occur.
Effective Legal Representation for Massachusetts Students in Title IX Disciplinary Actions
Are you a student in Massachusetts that is currently facing allegations of misconduct that violate Title IX? Because of the potential for long-term ramifications, it is best to have sound legal assistance. Joseph D. Lento and the Lento Law Firm know how to effectively challenge such claims. Contact the office today for a consultation at (888) 535-3686.
- American International College
- Amherst College
- Anna Maria College
- Assumption College
- Babson College
- Bard College at Simon's Rock
- Bay Path College
- Bay State College
- Becker College
- Benjamin Franklin Institute of Technology
- Bentley University
- Berklee College of Music
- Berkshire Community College
- Boston Architectural College
- Boston Baptist College
- Boston College
- Boston University
- Brandeis University
- Bridgewater State University
- Bristol Community College
- Bunker Hill Community College
- Cambridge College
- Cape Cod Community College
- Clark University
- College of Our Lady of the Elms
- College of the Holy Cross
- Curry College
- Dean College
- Eastern Nazarene College
- Emerson College
- Emmanuel College
- Endicott College
- Fisher College
- Fitchburg State University
- Framingham State University
- Franklin W. Olin College of Engineering
- Gordon College
- Greenfield Community College
- Hampshire College
- Harvard University
- Hellenic College Holy Cross Greek Orthodox School of Theology
- Holyoke Community College
- ITT Technical Institute Norwood
- ITT Technical Institute Wilmington
- Laboure College
- Lasell College
- Lawrence Memorial Hospital School of Nursing
- Le Cordon Bleu College of Culinary Arts
- Lesley University
- Longy School of Music
- Marian Court College
- Massachusetts Bay Community College
- Massachusetts College of Art and Design
- Massachusetts College of Liberal Arts
- Massachusetts College of Pharmacy and Health Sciences
- Massachusetts Institute of Technology
- Massachusetts Maritime Academy
- Massasoit Community College
- Merrimack College
- Middlesex Community College
- Montserrat College of Art
- Mount Holyoke College
- Mount Ida College
- Mount Wachusett Community College
- New England College of Business
- Newbury College Brookline
- Nichols College
- North Shore Community College
- Northeastern University
- Northern Essex Community College
- Pine Manor College
- Quincy College
- Quinsigamond Community College
- Regis College
- Roxbury Community College
- Saint John's Seminary
- Salem State University
- Sanford Brown College Boston
- School of the Museum of Fine Arts Boston
- Simmons College
- Smith College
- Springfield College
- Springfield Technical Community College
- Stonehill College
- Suffolk University
- The Boston Conservatory
- The New England Conservatory of Music
- The New England Institute of Art
- Tufts University
- University of Massachusetts - Amherst
- University of Massachusetts - Boston
- University of Massachusetts - Dartmouth
- University of Massachusetts - Lowell
- University of Phoenix - Boston Campus
- Urban College of Boston
- Wellesley College
- Wentworth Institute of Technology
- Western New England University
- Westfield State University
- Wheaton College
- Wheelock College
- Williams College
- Worcester Polytechnic Institute
- Worcester State University
- Zion Bible College
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 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 disciplinary cases in Massachusetts and throughout the nation. Make certain your or your student's interests are protected - Contact National Title IX attorney Joseph D. Lento today.
