Utah is now home to over 30 colleges, universities, and other postsecondary institutions. Each of these schools is responsible for investigating any allegations they receive that potentially violate Title IX guidelines. Title IX is a federally mandated set of laws that prohibits sexual discrimination in all schools that receive federal assistance. When allegations appear to have merit, the campus disciplinary process is conducted. The accused has an opportunity to answer the claims in a hearing. All parties involved in a Title IX investigation are to be treated in an equitable manner; however, often the rights of the accused are largely overlooked. Joseph D. Lento is a lawyer that represents students accused of actions relating to sexual misconduct.
Title IX Overview
Title IX was implemented by the U.S. Department of Education in 1972. Each college or university is 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.
Requirements for Educational Institutions
Federal regulators allow schools to develop their own internal process for conducting these investigations. They do insist on a few basic requirements including the following:
- These policies must be outlined in writing and available to all students
- The administration must respond to allegations that involve students, staff and all others on campus
- All parties are entitled to a hearing as part of due process
- 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. Although the best outcomes are achieved when the necessary steps are taken as early as possible in the process, if faced with an adverse outcome and if the grounds for an appeal are met, an appeal can be pursued to have the outcome reconsidered.
Importance of Legal Representation
Those accused have a right to be accompanied by an advisor at disciplinary hearings. Having an attorney will significantly benefit you in preparation. The attorney will objectively review the allegations, evidence, and circumstances as a third-party. This knowledge will largely be the basis for strategic defense. Your attorney may seek additional evidence and/or expert testimony that supports your defense.
Attorney Role in a Hearing
Prior to your hearing, your attorney will assist you with preparation on delivering your opening and closing statements. You will be able to confidently respond to the questions that you are likely to encounter. In some hearing formats, there may be the possibility of cross-examining parties. This legal representation will help to ensure that you are treated fairly throughout the process. When unexpected developments occur during the proceeding you will be in a better position to manage them. At any time during the disciplinary process, your attorney may engage in negotiations with administrators to seek a mutually beneficial solution.
Legal Representation for Utah College & University Students in Title IX Disciplinary Actions
Are you a student or parent of a student currently facing allegations of misconduct that violate Title IX provisions? Attorney Joseph D. Lento and the Lento Law Firm is extremely familiar with these matters and delivers effective student disciplinary defense and also is able to assist with appealing adverse rulings. This expertise is particularly critical now because many proposed modifications are pending from federal regulators. Those in need of solid legal representation are encouraged to contact the office at (888) 535-3686.
- AmeriTech College Draper
- Argosy University Salt Lake City
- Brigham Young University Provo
- Broadview Entertainment Arts University
- Broadview University Layton
- Broadview University Orem
- Broadview University West Jordan
- DeVry University Utah
- Dixie State College of Utah
- Eagle Gate College Layton
- Eagle Gate College Murray
- Eagle Gate College Salt Lake City
- Fortis College Salt Lake City
- Independence University
- ITT Technical Institute Murray
- Latter day Saints Business College
- Neumont University
- Provo College American Fork
- Provo College Provo
- Salt Lake Community College
- Snow College
- Southern Utah University
- Stevens Henager College of Business Provo
- Stevens Henager College Logan
- Stevens Henager College Murray
- Stevens Henager College Ogden
- The Art Institute of Salt Lake City
- University of Phoenix Utah Campus
- University of Utah
- Utah State University
- Utah State University College of Eastern Utah
- Utah Valley University
- Weber State University
- Westminster 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 Utah and throughout the nation. Make certain your or your student's interests are protected - Contact National Title IX attorney Joseph D. Lento today.
