Sexual assault traumatizes. If sexual misconduct occurs in your West Virginia high school, your school should investigate quickly—and thoroughly. After all, it must protect your child. Conferred by Title IX, this duty to protect extends to every student in a federally-funded school. Under Title IX, all public schools must investigate all allegations of sexual misconduct or risk their funding
However, just because they must investigate does not mean that they have the tools to do so properly. The very incentive that motivates a school's investigation can also cause them to rush proceedings. A school may even unfairly side with the accuser to simplify due process.
If your child faces unfair allegations of sexual assault, this strategy doesn't ‘simplify' anything. To protect your child's rights during a West Virginia high school Title IX investigation, you may need to be proactive, contact an advisor, and quickly get informed about your school and Title IX.
Title IX, West Virginia, and Your High School
Sexual assault is a triggering term. It can be easy to hope that your child will never face these types of issues. While sexual misconduct can be a removed concept, studies and news stories do show that it happens closer to home than any parent would like.
According to the West Virginia Foundation for Rape Information & Services, 64.8 percent of West Virginian rape victims are under the age of 18 - with the most frequently reported age being 15. These incidents do happen in schools: In one West Virginia high school, a student faced accusations of sexually assaulting a classmate underneath a stairwell.
Sexual assault can happen to anyone. Anyone, including your student, can also face unwarranted accusations of sexual assault. Before those accusations can unfairly destroy your child's future, it's best to get prepared to be proactive about protecting your child's rights.
Your West Virginia High School's Code of Conduct
Every state - and every school district - in America has the authority to write and maintain their own code of conduct. Your school should distribute an updated code of conduct or student handbook yearly. In that document, you can find your school's specific grievance procedures.
Some schools have relatively vague descriptions of what constitutes sexual misconduct. This West Virginia High school's posted procedures simply reference sexual assault as a felony. Your school's code of conduct is also where you can find a list of punitive or corrective measures your student may face at the end of their Title IX investigation. Another local West Virginia school makes it very clear that the school can choose from a wide range of punishments, listing no less than 24 options for appropriate consequences. These punishments include anything from:
- Administrator or teacher-student conference or reprimand.
- At-risk referral to a social service agency.
- Behavior contracts.
- Daily/weekly progress reports.
- Denial of participation in school-wide activities.
- Law enforcement notification.
- Peer mediation.
- Referral to an outside social agency.
- Social skills group and/or specialized counseling.
- Withdrawal of privileges.
That school also noted that all particularly severe episodes of misconduct, including sexual misconduct, would require an instant ten-day out-of-school suspension.
There is clearly a lot at stake if your child stands accused of sexual misconduct. At the very least, their day-to-day life at school may get more complicated. Their bright future is also at stake.
Hiring an experienced code of conduct and Title IX attorney-advisor may be your child's best chance of a favorable outcome.
Keeping Your School Accountable for Your Child's Rights
During the Title IX process, it can be easy for your school to steamroll your child's rights. It may be up to you and your advisor to ensure that your child's investigation and hearing proceed as fairly as possible. Because of this, you must be aware of your child's specific rights under Title IX.
Your school's code of conduct should contain information about the notices and timelines you can expect - as well as specific complaint procedures. As a general reference, however, you should be aware that Title IX entitles your student to due process rights, which include:
- A presumption of innocence. Your school must give you or your child a written statement that details their presumption of innocence before the investigation.
- Receipt of the investigative report in full. Once your school has made a determination of guilt, you and your child have the right to receive that report. Your child also has the right to submit any questions or comments in writing after you have time to review the report.
- The right to submit follow-up questions. More than just after receipt of the investigative report, your student can submit questions for the witnesses and other related parties of the investigation. Your student also has the right to receive answers to those questions and to offer follow-up comments for the record.
If you feel that your West Virginia high school has denied your student any of these rights, that's very important to note. If your school has violated your student's due process rights, your Title IX advisor may be able to guide you to further corrective action. Because of this, it is essential to speak with a student's rights advisor as early on in your child's case as is possible.
A Hard-Working Title IX and Code of Conduct Attorney
If your child stands accused of sexual misconduct, it's essential to get in touch with an expert as quickly as you can. Title IX advisor Joseph D. Lento is skilled in defending students and their rights in West Virginia and the entire nation. He has fundamentally handled hundreds of Title IX and code of conduct cases for years, and he can help you with yours. Whether your child's Title IX case faces the investigative process or adjudication by a hearing, you can rely upon Joseph D. Lento for help. Call the Lento Law Firm today at 888-555-3686 or contact us through our online form.
West Virginia high schools where Joseph D. Lento can help as your child's student's Title IX advisor during investigations, hearings and appeals include, but are not limited to, the following school districts:
A
- Barbour County Schools
- Berkeley County Schools
- Boone County Schools
- Braxton County Schools
- Brooke County Schools
C
- Cabell County Schools
- Calhoun County Schools
- Clay County Schools
D
- Doddridge County Schools
F
- Fayette County Schools
G
- Gilmer County Schools
- Grant County Schools
- Greenbrier County Schools
H
- Hampshire County Schools
- Hancock County Schools
- Hardy County Schools
- Harrison County Schools
J
- Jackson County Schools
- Jefferson County Schools
K
- Kanawha County Schools
L
- Lewis County Schools
- Lincoln County Schools
- Logan County Schools
M
- Marion County Schools
- Marshall County Schools
- Mason County Schools
- McDowell County Schools
- Mercer County Schools
- Mineral County Schools
- Mingo County Schools
- Monongalia County Schools
- Monroe County Schools
- Morgan County Schools
N
- Nicholas County Schools
O
- Ohio County Schools
P
- Pendleton County Schools
- Pleasants County Schools
- Pocahontas County Schools
- Preston County Schools
- Putnam County Schools
R
- Raleigh County Schools
- Randolph County Schools
- Ritchie County Schools
- Roane County Schools
S
- Summers County Schools
T
- Taylor County Schools
- Tucker County Schools
- Tyler County Schools
U
- Upshur County Schools
W
- Wayne County Schools
- Webster County Schools
- Wetzel County Schools
- Wirt County Schools
- Wood County Schools
- Wyoming County Schools
It is critical to make certain the Title IX investigation at your child's West Virginia high school is handled properly and that the accused student's interests and rights are protected from as early as possible during the sexual misconduct investigative process. One major reason is because even at high schools where a finding of responsibility for sexual misconduct charges is made at a hearing, the investigation will set the stage for what the hearing panel is provided prior to a hearing (and what the hearing panel will in large part rely on at a hearing), and at high schools where the finding of responsibility is made solely through the investigative process, what takes place during the investigation itself will determine whether the accused student is found responsible or not responsible for Title IX charges.
Unfortunately, some parents make the mistake of not taking the necessary precautions as soon as possible when accused of sexual misconduct. Some people will mistakenly believe that if they "just explain what happened," their school will be fair and impartial and will arrive at the truth. In a perfect world this may be the case, but in a perfect world, sexual misconduct allegations and Title IX charges would not exist.
Fighting passionately for the future of his clients at schools throughout the nation for many years, Joseph D. Lento knows how important it is to mount the strongest defense because he understands that an accused high school student's academic future is on the line. 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, Pennsylvania, and New York, 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 attorney advisor to high school students facing sexual misconduct investigations and disciplinary cases in West Virginia and throughout the nation. Make certain your or your student's interests are protected - Contact National High School Title IX Attorney Joseph D. Lento today at 888-535-3686.
West Virginia high schools where Joseph D. Lento can help as your child's student's Title IX advisor during investigations, hearings and appeals include, but are not limited to, the following school districts:
A
- Barbour County Schools
- Berkeley County Schools
- Boone County Schools
- Braxton County Schools
- Brooke County Schools
C
- Cabell County Schools
- Calhoun County Schools
- Clay County Schools
D
- Doddridge County Schools
F
- Fayette County Schools
G
- Gilmer County Schools
- Grant County Schools
- Greenbrier County Schools
H
- Hampshire County Schools
- Hancock County Schools
- Hardy County Schools
- Harrison County Schools
J
- Jackson County Schools
- Jefferson County Schools
K
- Kanawha County Schools
L
- Lewis County Schools
- Lincoln County Schools
- Logan County Schools
M
- Marion County Schools
- Marshall County Schools
- Mason County Schools
- McDowell County Schools
- Mercer County Schools
- Mineral County Schools
- Mingo County Schools
- Monongalia County Schools
- Monroe County Schools
- Morgan County Schools
N
- Nicholas County Schools
O
- Ohio County Schools
P
- Pendleton County Schools
- Pleasants County Schools
- Pocahontas County Schools
- Preston County Schools
- Putnam County Schools
R
- Raleigh County Schools
- Randolph County Schools
- Ritchie County Schools
- Roane County Schools
S
- Summers County Schools
T
- Taylor County Schools
- Tucker County Schools
- Tyler County Schools
U
- Upshur County Schools
W
- Wayne County Schools
- Webster County Schools
- Wetzel County Schools
- Wirt County Schools
- Wood County Schools
- Wyoming County Schools
It is critical to make certain the Title IX investigation at your child's West Virginia high school is handled properly and that the accused student's interests and rights are protected from as early as possible during the sexual misconduct investigative process. One major reason is because even at high schools where a finding of responsibility for sexual misconduct charges is made at a hearing, the investigation will set the stage for what the hearing panel is provided prior to a hearing (and what the hearing panel will in large part rely on at a hearing), and at high schools where the finding of responsibility is made solely through the investigative process, what takes place during the investigation itself will determine whether the accused student is found responsible or not responsible for Title IX charges.
Unfortunately, some parents make the mistake of not taking the necessary precautions as soon as possible when accused of sexual misconduct. Some people will mistakenly believe that if they "just explain what happened," their school will be fair and impartial and will arrive at the truth. In a perfect world this may be the case, but in a perfect world, sexual misconduct allegations and Title IX charges would not exist.
Fighting passionately for the future of his clients at schools throughout the nation for many years, Joseph D. Lento knows how important it is to mount the strongest defense because he understands that an accused high school student's academic future is on the line. 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 and New York, 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 attorney advisor to high school students facing sexual misconduct investigations and disciplinary cases in West Virginia and throughout the nation. Make certain your or your student's interests are protected - Contact National High School Title IX Attorney Joseph D. Lento today at 888-535-3686.
