Under the Biden administration, the U.S. Department of Education will expand the scope of investigations into Title IX sexual misconduct claims at colleges and universities. Students accused of sexual misconduct violations could face harsh penalties from additional scrutiny.
If you have been accused of a sexual misconduct violation at your school, you need a vigorous defense. With unparalleled experience passionately fighting to protect the rights of students across the country, Joseph D. Lento is the Title IX advisor you need.
Recent Changes in Priority
Under the Trump administration, the Department of Education raised the bar on the standard of proof required to make a Title IX sexual misconduct claim. That made it more likely that an accused could mount a powerful defense.
However, the Biden administration has made clear it intends to change that policy. Recently, President Biden ordered the Department of Education Secretary to lower the bar that was previously raised. The intention is to provide an outlet for sexual misconduct victims to be able to get a fair shake at holding other students accountable for their actions.
The approach from the Biden administration is not to revert back to old policies but rather move forward to build out protections for Title IX victims. This flip-flopping between administrations leaves schools—and ultimately, students— frustrated and confused.
Enforcement Changes in Practice
Schools don't want to appear soft on sexual misconduct claims. This means they may try to rush to judgment, possibly skirting legal protections for the accused.
When you're accused of sexual misconduct under Title IX or your school's code of conduct, you may be served with a swift and severe punishment, including expulsion. This has the effect of removing your right to an education and a good reputation. Both of which, if not properly addressed, could follow you around the rest of your life. And because of that, your school owes you proper due process.
Due process requires that your school give you:
- Notice of the complaint against you, including details about the event and sufficient time to respond to the allegations
- An opportunity to be heard, usually through a hearing, but at least through a written statement providing your evidence and your side of the story
- If a hearing is granted, you must be allowed to attend in person
Schools don't always follow these processes, especially when under pressure from government agencies. That could result in due process violations where you have a legal claim against your school.
Get the Title IX Defense You Deserve
When you face a serious issue at school, like a Title IX sexual misconduct claim, you need a Title IX legal advocate to help you. Your future is at stake, and you should not face these charges alone. Attorney Joseph D. Lento can help. He has helped hundreds of students overcome Title IX charges across the United States and he can help you also. Contact the Lento Law Firm online or at 888.535.3686 today.