When allegations such as sexual misconduct are received by college or university administrators they are required to act according to Title IX provisions. Designated members of the institution must promptly address such claims by beginning an inquiry. If the alleged claims appear to be supported by evidence, the campus disciplinary process ensues and there will be a hearing conducted. The accused student has an opportunity to challenge the claims at that time. All parties involved in the Title IX process are to be treated fairly. Often students find that their rights to due process are largely 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.
What is Title IX?
Colleges and universities are motivated to comply with federal Title IX requirements because their access to federal education funding could otherwise be revoked. Common violations of Title IX include sexual harassment, assault, and related types of misconduct. Each school establishes a process for investigating and conducting these disciplinary actions. Title IX is overseen by the U.S. Department of Education's division of the Office of Civil Rights.
Institutional Requirements
Some of the basic requirements for these disciplinary processes at colleges and universities include:
- The school's written policies and procedures must be accessible to all students
- These guidelines may apply to allegations of sexual misconduct against students, staff, and others on the campus
- Hearings afford all parties the opportunity to present relevant evidence
- 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
Potential Sanctions
All sanctions and penalties that are published in the school's annual security report may be potentially imposed. These sanctions commonly include placing the student on probation, imposing a suspension, or dismissal from the university. Taking the necessary steps as early as possible is critical to achieving a favorable outcome, but there may be times where an appeal of a hearing decision is needed. If the grounds for an appeal are met, this step can and should be taken as necessary.
Why Retain an Attorney?
Having assistance from an attorney allows for an objective review of the allegations and evidence. After assessing the details a proper defense strategy can be implemented. Your attorney may enter into negotiations with administrators at any point during the process. Other possible evidence that supports your defense may include witness or expert testimony. Having this legal support and assistance will lead to being adequately prepared, such as to more effectively respond to questions during the hearing.
Attorney Role in a Hearing
Your attorney will help you with being able to deliver highly impactful opening and closing statements during the hearing. Based on the specific hearing format, there may be opportunities to cross-examine adverse parties. Ensuring that your rights are protected throughout the process is critical and you will also be much better prepared if unexpected developments occur.
Legal Representation for Students in Title IX Disciplinary Actions in New Mexico
Are you a student or parent of a student currently facing allegations of misconduct that violate Title IX provisions? Because of the potential for adverse consequences, it is best to have sound legal assistance. Joseph D. Lento and the Lento Law Firm knows how to effectively challenge such claims. Contact the office today for a consultation at (888) 535-3686.
- Brown Mackie College Albuquerque
- Central New Mexico Community College
- Clovis Community College
- Computer Career Center
- Eastern New Mexico University Main Campus
- Eastern New Mexico University Roswell Campus
- Eastern New Mexico University Ruidoso Campus
- Institute of American Indian and Alaska Native Culture
- ITT Technical Institute Albuquerque
- Luna Community College
- Mesalands Community College
- National American University Albuquerque
- National American University Rio Rancho
- Navajo Technical College
- New Mexico Highlands University
- New Mexico Institute of Mining and Technology
- New Mexico Junior College
- New Mexico Military Institute
- New Mexico State University Alamogordo
- New Mexico State University Carlsbad
- New Mexico State University Dona Ana
- New Mexico State University Grants
- New Mexico State University Main Campus
- Northern New Mexico College
- San Juan College
- Santa Fe Community College
- Santa Fe University of Art and Design
- Southwest University of Visual Arts Albuquerque
- St John's College
- University of New Mexico Gallup Campus
- University of New Mexico Los Alamos Campus
- University of New Mexico Main Campus
- University of New Mexico Taos Campus
- University of New Mexico Valencia County Campus
- University of Phoenix Albuquerque Campus
- University of the Southwest
- Western New Mexico 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 New Mexico and throughout the nation. Make certain your or your student's interests are protected - Contact National Title IX attorney Joseph D. Lento today.
