Federal Title IX guidelines outline how complaints relating to sexual misconduct are handled by campus administrators. Designated members of the university promptly follow up on such claims with an inquiry. When allegations are supported by sufficient evidence, the disciplinary process will continue and ultimately lead to a hearing. At this hearing, the student has an opportunity to challenge the claims. All parties involved in the Title IX process are to be treated fairly. Often students who are accused find that their rights to due process are overlooked. Those accused are encouraged to seek legal counsel. Joseph D. Lento is an attorney with significant experience in this area of practice who aggressively defends his clients.
Understanding Title IX
Common complaints pertaining to Title IX include sexual harassment, assault, and related types of misconduct. If colleges and universities do not comply with these guidelines they may risk losing their access to critical federal education funds. Each school establishes a formal process for investigating and handling these disciplinary actions. Oversight of Title IX is conducted by the U.S. Department of Education's division of the Office of Civil Rights.
Procedural Guidelines
There are some basic requirements for these disciplinary processes at colleges and universities. Some of these include the following:
- All students must have access to the written provisions
- These guidelines may apply to allegations of sexual misconduct against students, staff, and others on the campus
- All parties involved may present evidence and relevant witness testimony at a hearing
- The process is to be conducted in a “reasonably prompt time frame” by Title IX coordinators
- All parties must be formally notified of rulings concurrently
Sanctions Which May Be Imposed
The university may ultimately impose sanctions and penalties that are published in their annual security report. Potential disciplinary sanctions include placing the student on probation, imposing a suspension, or dismissal from the university. If an adverse decision is made at the hearing and if the necessary grounds are met, an appeal can be filed with the school so that the matter will be re-considered. An appeal, however, should only be considered as a last resort because hearings can be won if the necessary steps are taken as early as possible in the process.
Importance of Retaining Legal Representation
Students facing allegations should consult with legal counsel. The attorney is able to objectively review the details of the complaint and relevant evidence while developing a comprehensive defense strategy. Your attorney may engage in negotiations with administrators at any point during the process. Other possible evidence that supports your defense may include witness or expert testimony. With help from an attorney, you should be prepared to confidently respond to the questions that are likely to be asked at the hearing.
What is the Role of an Attorney at a Hearing?
Your attorney will help with the critical process of preparing for the hearing. It is critical that you deliver effective opening and closing statements. Depending on the hearing format, there may be an opportunity to cross-examine adverse parties. Your lawyer will seek to ensure that you are treated fairly throughout the process and enable you to better address any unexpected occurrences that could arise.
Lawyer Defends Nevada Students in Title IX Disciplinary Actions
Are you a student that is currently facing allegations of misconduct that violate Title IX provisions? 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.
- College of Southern Nevada
- DeVry University Nevada
- Everest College Henderson
- Great Basin College
- International Academy of Design and Technology Henderson
- ITT Technical Institute Henderson
- ITT Technical Institute Las Vegas
- Le Cordon Bleu College of Culinary Arts Las Vegas
- Morrison University
- Nevada State College
- Sierra Nevada College
- The Art Institute of Las Vegas
- Truckee Meadows Community College
- University of Nevada Las Vegas
- University of Nevada Reno
- University of Phoenix Las Vegas Campus
- University of Phoenix Northern Nevada Campus
- Western Nevada 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 Nevada and throughout the nation. Make certain your or your student's interests are protected - Contact National Title IX attorney Joseph D. Lento today.
