Title IX was enacted in 1972 by the U.S. Department of Education prohibiting sexually-based discrimination at U.S. educational institutions. Schools are responsible for designating a coordinator to investigate allegations, such as those of sexual misconduct. Colleges and universities must comply with these federal guidelines or jeopardize their eligibility for critical federal education funding. Harvard University saw a 7% increase in formal complaints in 2018 and their average investigation lasted for over three months. When sufficient evidence exists, a hearing is held where the accused may defend the allegations. Violators may face penalties such as suspension or expulsion that can alter a student's future plans; therefore, those accused are encouraged to speak with legal counsel. The Lento Law Firm has a wealth of experience in representing those in need of student disciplinary defense.
Title IX Hearings
Each institution has some established format for handling hearings. They are not formal legal proceedings such as those in criminal or civil courts. Students have a right to be accompanied by an advisor in these hearings. Those accused who choose to have an attorney function in this role can expect significant benefits. Federal regulators have recently proposed a host of changes to Title IX guidelines, many of which are expected to be implemented in 2019.
Proving Allegations
The original set of guidelines did not specifically state what the burden of proof should be for proving allegations. The currently used standard is that the allegations must be proven by a preponderance of the evidence. The recently proposed federal changes suggest that institutions could consider using a clear and convincing evidence standard. Both of these options are a less difficult standard to satisfy compared to the beyond a reasonable doubt standard used in criminal cases.
Benefits of Having an Attorney
There are a variety of 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
Appealing a Ruling
Many of those initially facing allegations underestimate the potential consequences of sanctions and attempt to defend these claims themselves. The best course of action is to retain legal assistance immediately. Those who are unsuccessful do have the option of appealing. The process for an appeal differs according to the school's written procedures. Having an attorney assist you with drafting a highly impactful document is critical. One key problem with the appeals process at most institutions is that the window of time for filing is usually very short.
Title IX Disciplinary Defense Lawyer to Help Students in Tennessee
Joseph D. Lento is an attorney with expertise in the realm of defending Title IX disciplinary matters. He will analyze the evidence and circumstances associated with the allegations and assist you in achieving a favorable outcome. Students in Tennessee need of these services are encouraged to contact the office for a consultation at (888) 535-3686.
- American Baptist College
- Aquinas College
- Argosy University Nashville
- Austin Peay State University
- Baptist Memorial College of Health Sciences
- Belmont University
- Bethel University
- Bryan College
- Carson Newman College
- Chattanooga College Medical Dental and Technical Careers
- Chattanooga State Community College
- Christian Brothers University
- Cleveland State Community College
- Columbia State Community College
- Cumberland University
- Daymar Institute Clarksville
- Daymar Institute Murfreesboro
- Daymar Institute Nashville
- DeVry University Tennessee
- Dyersburg State Community College
- East Tennessee State University
- Fisk University
- Fortis Institute
- Fortis Institute Nashville
- Fountainhead College of Technology
- Free Will Baptist Bible College
- Freed Hardeman University
- Hiwassee College
- International Academy of Design and Technology Nashville
- ITT Technical Institute Chattanooga
- ITT Technical Institute Cordova
- ITT Technical Institute Johnson City
- ITT Technical Institute Knoxville
- ITT Technical Institute Nashville
- Jackson State Community College
- John A Gupton College
- Johnson University
- King College
- Lane College
- Le Moyne Owen College
- Lee University
- Lincoln Memorial University
- Lipscomb University
- L'Ecole Culinaire
- Martin Methodist College
- Maryville College
- Memphis College of Art
- Middle Tennessee State University
- Miller Motte Technical College Chattanooga
- Miller Motte Technical College Clarksville
- Miller Motte Technical College Madison
- Milligan College
- Motlow State Community College
- Nashville State Community College
- National College of Business and Technology Nashville
- Northeast State Community College
- Nossi College of Art
- O'More College of Design
- Pellissippi State Community College
- Remington College Memphis Campus
- Remington College Nashville Campus
- Rhodes College
- Roane State Community College
- Sewanee The University of the South
- South College
- Southern Adventist University
- Southwest Tennessee Community College
- Tennessee State University
- Tennessee Technological University
- Tennessee Temple University
- Tennessee Wesleyan College
- The Art Institute of Tennessee Nashville
- The University of Tennessee
- The University of Tennessee at Chattanooga
- The University of Tennessee Martin
- Trevecca Nazarene University
- Tusculum College
- Union University
- University of Memphis
- University of Phoenix Chattanooga Campus
- University of Phoenix Knoxville
- University of Phoenix Memphis Campus
- University of Phoenix Nashville Campus
- Vanderbilt University
- Vatterott Career College Memphis Appling Farms
- Vatterott Career College Memphis Dividend Drive
- Victory University
- Virginia College School of Business and Health
- Visible Music College
- Volunteer State Community College
- Walters State Community College
- Watkins College of Art Design & Film
- William Moore College of Technology
- Williamson Christian 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 Tennessee and throughout the nation. Make certain your or your student's interests are protected - Contact National Title IX attorney Joseph D. Lento today.
