Rules relating to Title IX are enforced at educational institutions including most of the country's colleges and universities. They were enacted by the U.S. Department of Education in 1972 to prevent sexual discrimination. Institutions of higher learning must remain compliant with these requirements to maintain federal education funds. Designated members of the administration will conduct an inquiry after receiving a complaint. An investigation will follow if evidence shows that a violation, such as an act of sexual misconduct, has occurred. Violators may face sanctions such as a period of disciplinary probation, a suspension, or even expulsion. Based on these consequences, accused students should consider consulting with an attorney. The Lento Law Firm has a wealth of experience in defending students in these matters.
Summary of Hearing for Title IX
A hearing is held where the accused party can defend against the allegations. Schools conduct these hearings in various formats. They 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 alter the way these hearings are managed.
Proving Allegations
The original Title IX provisions did not specifically establish the burden of proof. The standard that has since been 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 as well. 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. Having an attorney assume this role provides the student significant benefits.
Role of Attorney
Legal representation will assist in defending claims in various ways including:
- Being well prepared and devising a comprehensive strategy of defense including:
- Highly impactful opening and closing statements
- Confidently responding to questions that you are likely to be asked
- Gathering strong evidence and possible expert testimony with supporting documentation
- Your attorney will protect your rights to fairness throughout the process
- Effectively responding to any unexpected developments that may arise during the hearing
- Potential opportunities for cross-examination of accusers and witnesses (if applicable)
- Guidance and emotional support throughout the process
- The attorney may negotiate 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
Attorney in Appeals Process
Students should avoid underestimating the potential consequences of these matters. Violations of Title IX can hinder your long-term educational progress. It is best to retain legal assistance when you are initially made aware of the allegations. Having this assistance from an attorney will be advantageous in establishing sufficient cause necessary for success in an appeals process when necessary. Those wishing to appeal a decision should act promptly, as many educational institutions require notice of intent within a matter of only days or weeks.
Attorney Defends Nebraska Students in Title IX Disciplinary Actions
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 relating to the allegations. You deserve representation in Title IX violations that will act according to your best interests. Students in need of these services are encouraged to contact the office for a consultation at (888) 535-3686.
- Blackfeet Community College
- Carroll College
- Chief Dull Knife College
- Dawson Community College
- Flathead Valley Community College
- Fort Belknap College
- Fort Peck Community College
- Little Big Horn College
- Miles Community College
- Montana State University
- Montana State University Billings
- Montana State University Great Falls College of Technology
- Montana State University Northern
- Montana Tech of the University of Montana
- Montana Tech College of Technology
- Rocky Mountain College
- Salish Kootenai College
- Stone Child College
- The University of Montana
- The University of Montana Western
- University of Great Falls
- University of Montana Helena College of Technology
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 Nebraska and throughout the nation. Make certain your or your student's interests are protected - Contact National Title IX attorney Joseph D. Lento today.
