As a student attending a college located in the Birmingham, Alabama, metropolitan area, you are busy keeping up with your studies, working hard to build your future, expanding your horizons, and exploring what college has to offer you. The last thing you need is to face a Title IX disciplinary investigation that could lead to disciplinary charges and sanctions. But if you've been accused of Title IX misconduct by another student or anyone else, that's exactly what can happen. The consequences can bring your education to a halt and, in some cases, can result in you having to leave the school altogether.
That's why you need the help of an experienced student defense attorney if you've been accused of Title IX misconduct. The Lento Law Firm's Student Defense Team has helped students all across the country, including in the Birmingham metropolitan area, by protecting their rights during Title IX investigations and defending the students during Title IX disciplinary proceedings. Call us today at 888.535.3686 or use our contact form to schedule a confidential consultation to tell us about your case and learn more about how we can help.
What is Title IX?
First enacted back in 1972 with a focus on removing discrimination in the enrollment process and providing women with the same access to school resources that men had, Title IX has expanded its scope considerably in the decades since. Of course, many of us are aware of its impact on intercollegiate athletics, with women's sports benefiting from the same funding that men's sports enjoy. But the scope of Title IX goes even further.
It currently protects against discrimination and harassment based on sex, sexual orientation, sexual identity, pregnancy, and parenting status. Those protections apply not only in cases where school personnel may violate Title IX but also when students do. Typical allegations involve some form of sexual assault, but can extend to claims of discrimination and harassment as well.
Schools that accept any federal funds – meaning the vast majority of colleges and universities across America – are expected to enforce Title IX's requirements on campus, and if they fail to do so, they can face fines or even the loss of their federal funding. That's one reason why schools work so hard to show that they take allegations of Title IX misconduct seriously.
It also explains why schools often go overboard in their efforts to investigate and discipline students accused of Title IX. It's not unusual for a school to fail to protect the rights of the accused student during the investigation process or to ignore the accused student's rights during the disciplinary stage. Colleges and universities want to be able to show the federal government that they are vigorously enforcing Title IX, even if it's at the expense of the accused.
This is why if you've been accused of Title IX misconduct, you need an experienced, aggressive attorney by your side. The Lento Law Firm's Student Defense Team understands how important it is to protect the rights of our student clients throughout what can be a very difficult Title IX investigation and disciplinary process.
Protecting Yourself in Title IX Cases
No matter what size your college or university is, if it accepts federal funding, it's required to enforce Title IX on campus. That's the case at large schools such as the University of Alabama – Birmingham and the nearby University of Alabama in Tuscaloosa, as well as smaller schools such as Samford University, Miles College, Talladega College, and Stillman College. It applies to community colleges, including Lawson State Community College, Shelton State Community College, and Central Alabama Community College. All of these and other area colleges will make it easy for students and others to file Title IX misconduct reports and begin the Title IX investigative and disciplinary process.
Schools appoint a Title IX officer whose job it is to receive, review, investigate, and process Title IX misconduct reports. That officer will assign the Title IX complaint to an investigator (or, in some cases, for smaller schools, may investigate the misconduct report themselves). That's the point at which both the accused student and their accuser should receive a notice from the school that an investigation has been opened. It should also advise each person of their rights, provide information about resources available (for the most part, these are resources that will benefit the accuser), and recite some of the rights that both the accuser and the accused have during the process.
This is the best point at which to contact the Lento Law Firm's Student Defense Team for help. Our experienced attorneys understand the Title IX investigative process. We'll help you understand what's happening, prepare you for things like your interview with the Title IX investigator, and even be with you during that interview to make sure you only answer questions that are clear and fair. You'll benefit from our experience and knowledge of Title IX's requirements, and much of the day-to-day burden of dealing with the investigation will be carried by us so that you can focus on your education.
Because schools need to show the federal government that they are taking their Title IX enforcement obligations seriously, the sanctions they impose for Title IX misconduct findings can be severe, and they will often suspend or expel a student found to have violated Title IX. When the possible penalties are so serious, you need someone by your side who can provide you with the strongest defense possible. That's where the Lento Law Firm's Student Defense Team comes in. This is what we do – defend students in disciplinary proceedings – and we know how to protect your rights and help you get through what can be an extremely difficult period.
Stages of a Title IX Case
The Title IX Misconduct Report
The typical Title IX investigation begins after someone – usually a student – makes a Title IX misconduct report to the school. Colleges and universities make it easy for students to file these reports. They do so because they want to be able to show the federal government that they're serious about enforcing Title IX on campus. In many cases, schools will provide multiple ways for students to file Title IX misconduct reports, with online forms, dedicated phone numbers, and specific email addresses designated for Title IX misconduct reports.
The University of Alabama – Birmingham, for example, has a detailed "Reporting Overview" webpage that explains "How to Make a Report," lists lists a number of “Responsible Reporting Officials” who are designated by the school to receive Title IX misconduct reports, lists the phone number and email address for the school's Title IX office, and also provides a dedicated "Submit Incident Report" clickable button, all of which are designed to help make it easier for anyone who believes they may have Title IX misconduct to report.
Samford University's “Title IX: Students page” similarly offers information about multiple ways that students can make both Title IX reports and other types of misconduct reports. It includes links to the school's Sexual Misconduct Report form; the Honor Code Violation form; the school's Public Safety office phone number; the Samford Chief of Police's phone number; and the school's Title IX Coordinator's phone number, email address, and office location.
Talladega College's Title IX page provides links to the school's Title IX policy and to a description of the rights that parties have in a Title IX case. It also provides links to the school's online Title IX reporting form as well as to a downloadable pdf reporting form that can be used to report a Title IX misconduct incident. The Talladega College Title IX page also lists contact information for the school's Title IX officials and deputies.
The University of Alabama in Tuscaloosa, the state's largest university, has a "Reporting" webpage that offers a clickable link to an online report form where students – after logging in to the school's portal – can can file an online Title IX misconduct report. It also has a link to the UA System Hotline for anyone who wishes to make a Title IX misconduct report anonymously, and another link to the directory for the school's Office of Equal Opportunity and Title IX Programs.
Community colleges in the area, such as Lawson State Community College in Birmingham and Bessemer, similarly provide students with information about where Title IX misconduct reports can be made.
In short, it's very easy for anyone to file a Title IX misconduct report against a student. In some cases, the report may be filed anonymously (although most schools encourage accusers to identify themselves). No matter if it's anonymous or not, the Title IX misconduct report is almost always what begins the Title IX misconduct process.
The Title IX Investigation
The Title IX investigator's job is to uncover facts that relate to the accusations made in the Title IX misconduct report. That will usually involve an interview of both the accuser and the accused, but in many cases, it may also involve interviews with witnesses and attempts by the investigator to collect other evidence. When the matter is assigned to the investigator, you'll be notified if you're the one accused of Title IX misconduct, and you will have a chance to respond to the allegations made against you. This is something your experienced Title IX attorney can help with.
The investigation process can take weeks or even months, depending on the case. The Title IX investigator may attempt to get copies of emails, text messages, photos, and videos that may relate to the incident, and all of this can take time. Your interview with the Title IX investigator is a very important part of this process. Your Title IX attorney will prepare you for it so you know what to expect and can even be there by your side during the interview to make sure you understand the questions you're asked and that the questions are fair.
One of the more discouraging things that can happen during this stage is when your school decides to take “interim” or “protective” measures. These are steps that are designed to make the accused student feel safe and secure on campus – which, of course, is a worthy objective. The problem is when those steps also make you, the accused student, feel as though your school has already determined that you committed Title IX misconduct. Here is an example of some of the interim measures that can significantly disrupt your experience at your school:
- You might be required to leave your dormitory if you and your accuser live in the same dorm and move to another one. If another room in another dorm isn't available, you might even have to move off campus.
- If you work on campus at the same location as your accuser, you may be required to change shifts, change work locations, or leave your job.
- If you and your accuser attend the same section of the same class, you might have to change sections or drop the class for the semester so as to avoid having the two of you in the same room at the same time.
- In some cases, your school may force you to take what it will call a “voluntary leave of absence.”
These measures are often put in place even though schools will claim that the accused student is presumed to be not responsible for the alleged Title IX misconduct until it's been determined otherwise. Your Title IX attorney can help fight against situations where your school goes too far – where it tramples on your rights in its effort to protect the accused. At the Lento Law Firm, our experienced Title IX attorneys are often able to suggest other ways to address the accuser's concerns while at the same time respecting your rights as a student.
The investigator will eventually prepare a draft of a final report that they will submit to the school's Title IX coordinator. First, however, you will usually be allowed to review and comment on the report. This is where your Title IX attorney can be extremely helpful. They can point out evidence missed by the investigator, faulty conclusions, or other problems with the report. Even if the investigator fails to change the draft based on your attorney's comments, it can set the stage for negotiations with the school or a strong defense if your case goes to a hearing.
When the report is in final form, the Title IX investigator will submit it to the school's Title IX office. The office will then decide how to proceed.
The Formal Complaint
If the school's Title IX officer believes there are grounds to file charges against you, the office will prepare a formal complaint against you that will list the reasons for the charges that are being made. If, however, the Title IX officer believes that the investigator's report does not support charges, the matter will be closed – though your accuser will be able to appeal that decision.
If a formal complaint is made against you, it may also propose the sanctions that the school wants to impose on you. You'll have a chance to respond to the complaint and the sanctions proposal – another area where your Title IX attorney can help.
The Negotiations
Most Title IX cases are settled after discussions between the school's Title IX office and the accused student or their attorney. This is where your attorney may be able to use some of the arguments made to the Title IX investigator to help resolve your matter in as favorable a way as possible. Ideally, the resolution will be one that will allow you to continue your studies at that school with as little disruption as possible. But in the end, the decision of whether to settle your case or not is up to you.
The Lento Law Firm's Student Defense Team has years of experience negotiating Title IX and other serious misconduct cases for student clients located all over the country, including in the Birmingham and Tuscaloosa areas. Our goal is to protect our client from day one, to help them be able to complete their education as planned, and to reach their career goals.
The Hearing
Cases that don't settle will typically go to a hearing. Each school's hearing procedures tend to differ slightly from one school to another and also depend on what the current set of Title IX rules and regulations require. The Lento Law Firm's Student Defense Team understands the various ways schools handle student disciplinary hearings. We'll make sure you meet all of the deadlines the schools impose in these kinds of cases and will prepare you for how the hearing is going to proceed. If you will be testifying at the hearing, you'll be prepared for that so that you know what to expect and are in the best position possible to truthfully and accurately respond to the questions you're aske.
The standard used in Title IX cases to determine whether an accused student is responsible is fairly low. The hearing officer or tribunal need only believe that you were “more likely than not” to have committed the misconduct to find you responsible for doing so. This is a much lower standard than the “beyond a reasonable doubt” one used in criminal cases. It's also another reason to protect yourself and your future by working with an experienced Title IX attorney from the Lento Law Firm's Student Defense Team.
The Decision
The decision after the hearing will be in writing and, in most cases, will state what, if any, sanctions will be applied in your case. If the decision is in your favor, of course, there won't be any. But if it's against you, you can expect that some form of sanctions will be imposed on you.
If the hearing decision is in your favor, your accuser will have the right to appeal it. If it goes against you, you will have that right.
The Appeal
Appeals can be difficult to win – the grounds for an appeal are limited, and you're appealing to the very same entity (your school) that just ruled against you. Your Title IX attorney can help you decide whether an appeal of a decision against you makes sense in your case.
Lawsuits
It's becoming increasingly frequent for schools to be sued for their actions during Title IX investigations and misconduct proceedings. That's because so many schools are violating the rights of the accused students during the Title IX process. Whether a lawsuit is the right strategy in your case depends heavily on the facts of how your school treated you during your case. The Lento Law Firm's Student Defense Team can review your case with you to help you decide whether to sue and, if so, what claims to make.
The Lento Law Firm's Student Defense Team Can Help With Your Title IX Case in the Birmingham and Tuscaloosa Metro Area
One of the most stressful things that can happen to you as a college student is to learn you've been accused of Title IX misconduct. When that happens, you need the help of an experienced Title IX attorney to help you through the difficult disciplinary process. The Lento Law Firm's Student Defense Team has years of experience defending students accused of Title IX and other forms of serious misconduct at schools all across the country. We will help you from day one to understand what's happening with your case and will fight to defend your rights at every step.
Call the Lento Law Firm's Student Defense Team today at 888.535.3686 or use our contact form to schedule a confidential consultation with one of our experienced Title IX attorneys to learn more about how we can help. Your future depends on your education; let us help you protect both!
