Title IX is a set of laws that are enforced at educational institutions including most of the country's colleges and universities. The U.S. Department of Education implemented the rules in 1972 in efforts to prevent sexual discrimination. Institutions of higher learning are bound to compliance as a requirement for maintaining critical federal education funds. Specific members of the administration are assigned to conduct an inquiry when a complaint is received. An investigation will follow if evidence suggests that a violation, such as an act of sexual misconduct, has occurred. Students found to be in violation may face sanctions including a period of disciplinary probation, a suspension or expulsion from the school. Based on the potential consequences, students who are accused should consider consulting with an attorney. The Lento Law Firm has tremendous experience in defending students in these matters.
Evidence & Hearing of Title IX
The disciplinary process includes holding a hearing that allows for an accused party to defend against the allegations. Schools use various formats for conducting these hearings, which are not intended to emulate formal civil or criminal court proceedings. Federal program regulators recently proposed some modifications to the Title IX rules that may impact several aspects of the way hearings are conducted.
Proving a Violation
The initial Title IX provisions did not specifically establish the burden of proof. The standard that was adopted is the “preponderance of the evidence” as seen in civil matters. Recently proposed Title IX provisions would allow institutions to use the “clear and convincing evidence” standard. This proposed standard is still a lesser burden than “beyond a reasonable doubt” that is used in criminal matters. When attending disciplinary hearings, students have a right to be accompanied by an advisor. It is clear that having an attorney assume this role provides the student with significant benefits.
Should I Retain an Attorney?
Having attorney representation provides a host of advantages including:
- You are likely to be well prepared with an effective defense strategy
- This preparation includes the capability of confidently responding to questions that will likely be asked at the hearing
- The ability to draft and deliver effective opening and closing statements
- Better access to evidence, with supportive documentation and possible input from experts
- To maintain your rights to fairness throughout the process
- Better response to and management of unexpected developments that may occur during the hearing
- Potential opportunities for cross-examination of accusers and witnesses (if applicable)
- Guidance and emotional support as you navigate the process
- The attorney may enter negotiations with Title IX coordinators or other campus administrators at any time during the process
- Your attorney will keep abreast on the pending changes to the Title IX provisions
Legal Assistance in Appeals Process
Students should avoid taking these matters too lightly. Violations of Title IX can severely hinder your long-term educational plans. It is best to retain legal assistance when you are first made aware of the allegations. Having assistance from an attorney will certainly be of tremendous help in showing sufficient cause that is necessary for success in an appeals process. Those wishing to appeal a decision should act promptly because educational institutions frequently require notice of intent within a matter of only days or weeks.
Lawyer for Defending Students in Minnesota Title IX Disciplinary Matters
Attorney Joseph D. Lento has a firm understanding of the many aspects of Title IX student disciplinary matters. He will review the specific circumstances and evidence that is the basis for the allegations. You deserve representation in Title IX violations that will act according to your best interests. Students who are in need of these services are encouraged to contact the office for a consultation at (888) 535-3686.
- Academy College
- Alexandria Technical & Community College
- Anoka Technical College
- Anoka Ramsey Community College
- Argosy University Twin Cities
- Augsburg College
- Bemidji State University
- Bethany Lutheran College
- Bethel University
- Brown College Brooklyn Center
- Brown College Mendota Heights
- Capella University
- Carleton College
- Central Lakes College Brainerd
- Century Community and Technical College
- College of Saint Benedict
- College of Visual Arts
- Concordia College at Moorhead
- Concordia University Saint Paul
- Crossroads College
- Crown College Saint
- Dakota County Technical College
- DeVry University Minnesota
- Duluth Business University
- Dunwoody College of Technology
- Fond du Lac Tribal and Community College
- Globe University Minneapolis
- Globe University Woodbury
- Gustavus Adolphus College
- Hamline University
- Hennepin Technical College
- Herzing University Minneapolis
- Hibbing Community College A Technical and Community College
- Institute of Production and Recording
- Inver Hills Community College
- Itasca Community College
- ITT Technical Institute Brooklyn Center
- ITT Technical Institute Eden Prairie
- Lake Superior College
- Le Cordon Bleu College of Culinary Arts Minneapolis
- Macalester College
- Martin Luther College
- McNally Smith College of Music
- Mesabi Range Community and Technical College
- Metropolitan State University
- Minneapolis Business College
- Minneapolis College of Art and Design
- Minneapolis Community and Technical College
- Minnesota School of Business Blaine
- Minnesota School of Business Brooklyn Center
- Minnesota School of Business Elk River
- Minnesota School of Business Lakeville
- Minnesota School of Business Moorhead
- Minnesota School of Business Plymouth
- Minnesota School of Business Richfield
- Minnesota School of Business Rochester
- Minnesota School of Business Shakopee
- Minnesota School of Business Waite Park
- Minnesota State College Southeast Technical
- Minnesota State Community and Technical College
- Minnesota State University Moorhead
- Minnesota State University Mankato
- Minnesota West Community and Technical College
- National American University Bloomington
- National American University Brooklyn Center
- National American University Roseville
- Normandale Community College
- North Central University
- North Hennepin Community College
- Northland Community and Technical College
- Northwest Technical College
- Northwest Technical Institute
- Northwestern College
- Northwestern Health Sciences University
- Oak Hills Christian College
- Pine Technical College
- Rainy River Community College
- Ridgewater College
- Riverland Community College
- Rochester Community and Technical College
- Saint Cloud State University
- Saint John's University
- Saint Mary's University of Minnesota
- Saint Paul College A Community and Technical College
- South Central College
- Southwest Minnesota State University
- St. Catherine University
- St. Cloud Technical and Community College
- St. Olaf College
- The Art Institutes International Minnesota
- The College of Saint Scholastica
- University of Minnesota Crookston
- University of Minnesota Duluth
- University of Minnesota Morris
- University of Minnesota Rochester
- University of Minnesota Twin Cities
- University of Phoenix Minneapolis/St Paul Campus
- University of St Thomas
- Vermilion Community College
- White Earth Tribal and Community College
- Winona State University
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 Minnesota and throughout the nation. Make certain your or your student's interests are protected - Contact National Title IX attorney Joseph D. Lento today.
