In South Dakota, there are now over 33,000 students attending colleges and universities on a full-time basis. U.S. schools are required to implement a written disciplinary procedure for investigating violations of Title IX guidelines. These laws were established by the U.S. Department of Education and relate to sexual discrimination. Schools who fail to comply may become ineligible for critical federal education funds. When a complaint is received of a potential Title IX violation the school will begin an investigation. If the evidence supports the allegations a hearing will be conducted where the accused may answer the claims. Many students who have been accused of violations in the past have stated that their rights were not fully acknowledged. Attorney Joseph D. Lento has a wealth of experience in defending students in these actions.
Understanding Title IX
Violations such as acts of sexual misconduct are prohibited under Title IX. Colleges and universities are responsible for having a Title IX coordinator or administrator. In today's increasingly litigious social environment those who face allegations of violating the rights of another student are encouraged to retain experienced legal counsel.
Institutional Requirements
Colleges and universities are typically able to develop their own internal process for conducting these investigations. Federal guidelines do insist on a few basic requirements including the following:
- Policies must be clearly established in writing and available to all students
- Campus administrators must respond to allegations that involve students, staff and all others on campus
- All parties are eligible for a hearing as part of due process
- These matters are to be addressed in a “reasonably prompt time frame” by Title IX coordinators
- All parties must be formally notified of rulings concurrently
Possible Sanctions
The school publishes an annual safety report that contains the current potential sanctions that may be imposed on violators. These sanctions commonly include placing the student on probation, imposing a suspension, or dismissal from the university.
Why Retain an Attorney?
At hearings, the accused is allowed to be accompanied by an advisor for support. You will largely benefit from legal representation in terms of preparation. The attorney will impartially review the allegations, evidence and other key factors as a third-party. This information will be critical in developing a strategic defense. Your attorney may seek additional evidence and/or expert testimony in support of your defense.
How Will Your Attorney Help?
You will want to begin and end the hearing with well-prepared opening and closing statements. When responding to questions that you are likely to encounter, you will be more confident. In certain hearing formats, there may be the possibility of cross-examining parties. This legal representation will help to make certain that you are treated fairly throughout the process. When unanticipated developments occur during the proceedings you will be in a better position to cope with them. At any time during the disciplinary process, your attorney may engage in negotiations with administrators to seek a mutually beneficial solution.
Attorney for College Students in Title IX Disciplinary Actions in South Dakota
Have you been accused of violating campus rules pertaining to Title IX in South Dakota? Joseph D. Lento and the Lento Law Firm are extremely familiar with these actions and delivers effective student disciplinary defense and also is able to help with appealing adverse rulings. Proper representation is of particular importance now due to various proposed changes to Title IX guidelines that are pending from federal regulators. Those in need of solid legal representation are encouraged to contact the office at (888) 535-3686.
- Augustana College
- Black Hills State University
- Colorado Technical University Sioux Falls
- Dakota State University
- Dakota Wesleyan University
- Globe University Sioux Falls
- Kilian Community College
- Lake Area Technical Institute
- Mitchell Technical Institute
- Mount Marty College
- National American University Ellsworth AFB Extension
- National American University Rapid City
- National American University Sioux Falls
- Northern State University
- Oglala Lakota College
- Presentation College
- Sinte Gleska University
- Sisseton Wahpeton College
- South Dakota School of Mines and Technology
- South Dakota State University
- Southeast Technical Institute
- University of Sioux Falls
- University of South Dakota
- Western Dakota Technical Institute
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 South Dakota and throughout the nation. Make certain your or your student's interests are protected - Contact National Title IX attorney Joseph D. Lento today.
