All schools are responsible for adhering to requirements outlined in Title IX. In 1972 the U.S. Department of Education implemented these measures that prohibit sexual discrimination throughout the nation's educational institutions. If a college or university does not comply with the rules they may risk eligibility for receiving critical federal education funds. Certain administrators are assigned to receive any complaints and conduct an inquiry. When evidence supports the allegations, such as those of sexual misconduct, an investigation will follow. Those who violate the Title IX rules are potentially subject to sanctions that may include probation, suspension or even expulsion. Those facing such allegations are encouraged to retain experienced legal representation such as The Lento Law Firm.
Hearing Summary for Title IX
Schools establish a format for conducting a hearing, where the accused party may defend against the claims. These hearing are not intended to have the many legal formalities that exist in civil or criminal court proceedings. Program regulators have recently proposed a host of potential changes to the way these hearings are managed.
Burden of Proof
The originally drafted provisions within Title IX did not specify the standard for proving the allegations. Currently, the evidence must show by a “preponderance of the evidence” that the violation occurred. In the recently proposed guideline modifications, an option of using a “clear and convincing evidence” standard is being considered. Both of these are a lesser burden of proof than the “beyond a reasonable doubt” standard employed in criminal matters. Students are afforded the right to have an advisor accompany them at hearings. Those who retain an attorney to function in this role can expect significant benefits.
There are various ways that legal representation will bolster a defense including:
- Being well prepared and formulating a comprehensive strategy of defense including:
- Effective 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
- Ensuring that the student is treated fairly in the process
- A better ability to respond to unforeseen developments that may arise during the hearing
- Potential opportunities for cross-examination of accusers and witnesses (when/if applicable)
- Proper guidance and emotional support
- Your attorney may enter negotiations with Title IX coordinators or other campus administrators at any time during the process
- The attorney will keep abreast on the proposed modifications to the guidelines
Assistance in Appeals
Based on the potential consequences of these violations, those accused should not underestimate the importance of these matters. Many violators have seen their educational plans adversely impacted. Being proactive in these matters by promptly retaining legal assistance is recommended. An attorney is also particularly critical in pursuing an appeal, where the student generally must substantiate the grounds for reconsideration. Keep in mind that many institutions require notice of intent for appeals in only a matter of days or weeks.
Title IX Disciplinary Defense Lawyer in New Hampshire
Attorney Joseph D. Lento has a wealth of experience in 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 and parents in need of these services are encouraged to contact the office for a consultation at (888) 535-3686.
- Chester College of New England
- Colby Sawyer College
- Daniel Webster College
- Dartmouth College
- Franklin Pierce University
- Granite State College
- Great Bay Community College
- Hesser College
- Keene State College
- Lakes Region Community College
- Lebanon College
- Manchester Community College
- Nashua Community College
- New England College
- New Hampshire Institute of Art
- NHTI Concord's Community College
- Northeast Catholic College
- Plymouth State University
- River Valley Community College
- Rivier College
- Saint Anselm College
- Southern New Hampshire University
- St. Joseph School of Nursing
- Thomas More College of Liberal Arts
- University of New Hampshire at Manchester
- University of New Hampshire Main Campus
- White Mountains Community 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 Pennsylvania and 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 New Hampshire and throughout the nation. Make certain your or your student's interests are protected - Contact National Title IX attorney Joseph D. Lento today.