There are dozens of colleges and universities located in the Boston metropolitan area. It's arguably one of the richest areas in the country, if not the world, when it comes to the number and quality of educational institutions that have campuses in Boston and surrounding communities such as Cambridge, Wellesley, Waltham, and Lowell, as well in the nearby parts of New Hampshire that are considered part of the Boston metro area. If you are a student enrolled in one of these schools, you know better than anyone how hard you've worked to earn your place there, and the kind of work you need to put in to excel in your chosen field.
That's why if you are notified that you've been accused of Title IX misconduct, you need to take it extremely seriously. Schools have a responsibility to the federal government to investigate and discipline students for Title IX misconduct, and if you're held responsible for the allegations made against you, you could be facing serious sanctions such as suspension or expulsion. You need the help of an experienced Title IX attorney to defend yourself in this kind of a situation. The Lento Law Firm's Student Defense Team has helped students all across the country, including in the Boston area, who were accused of Title IX and other serious misconduct. Call us at 888.535.3686 or use our contact form to schedule a confidential consultation to learn more about how we can help you protect your education and your future.
What is Title IX?
Title IX was passed in 1972 with the goal of eliminating discrimination based on sex in college admissions and, for students enrolled in colleges and universities, providing male and female students with the same educational and other benefits offered by their schools. Since then its scope has expanded considerably. It now also protects students and school employees from discrimination and harassment based on sex, sexual orientation, sexual identity, pregnancy, and parenting status. The federal government has issued comprehensive rules and regulations that schools that accept federal funding are expected to follow when it comes to enforcing Title IX on campus. If the schools fail to do so, they risk fines or loss of their federal funds.
As a result, all schools (except the very few that do not accept federal funds) have a Title IX officer who is responsible for making sure the school observes and enforces Title IX requirements on campus. This role includes disciplining students as well as school employees found to have committed Title IX misconduct. Examples of the types of Title IX misconduct that are frequently alleged include sexual assault, non-consensual sexual contact, dating or relationship violence, and stalking, among others.
There is no question that it's important for schools to take steps to discipline students who actually do commit Title IX misconduct. The problem is that schools are so eager to show the federal government that they are taking their Title IX enforcement role seriously that they overcompensate in favor of the accused student. Investigations of Title IX misconduct claims are incomplete, and often only focus on finding evidence to support the misconduct claims. Schools regularly discriminate against the accused student during the investigative and disciplinary process, even as they claim that the accused student is presumed not responsible until the school rules otherwise. They may shortcut or fail to follow their own procedural requirements for Title IX cases in a way that inevitably favors the accuser and not the accused. Sanctions for violating Title IX tend to be severe – often including suspension or expulsion.
That's why if you're accused of Title IX misconduct, you need someone on your side who can fight for your rights during the investigation and the disciplinary process. An experienced Title IX attorney will know the current state of the Title IX rules and regulations. They'll also understand your school's investigation and disciplinary procedures. And they'll have experience defending other students against Title IX and other forms of serious misconduct allegations brought by their schools. The Lento Law Firm's Student Defense Team includes attorneys who have spent years helping students all across the country, including in the Boston metropolitan area, defend themselves in Title IX cases. We will fight to protect your rights, and we'll do everything we can to make sure your school treats you fairly during the disciplinary process.
Protecting Yourself in a Title IX Case
The Boston area is home to some of the most competitive and prestigious schools in the country. Whether you're attending Harvard, MIT, Boston University, Boston College, Tufts University, Emerson Colleges, Wellesley College, or any one of the dozens of other fine colleges and universities in the Boston metropolitan area, you have worked very hard to get to where you are. You're also working hard to take advantage of the challenging educational opportunities that your school offers. The last thing you want to worry about is having all of that, and your future, taken away from you because of a Title IX misconduct allegation.
But that's exactly what can happen if someone files a Title IX misconduct report or complaint against you. And don't kid yourself – your school will absolutely take that complaint seriously. You'll be investigated, and if there is support for the complaint, you'll be disciplined by your school because if your school doesn't take those steps, it risks losing its federal funding.
The best way to protect yourself when you've been accused of Title IX misconduct is to work with an experienced Title IX attorney from day one. At the Lento Law Firm, our Student Defense Team understands how important it is to be involved in our clients' cases from the very beginning, just after they learn that they are under investigation for alleged Title IX misconduct.
We'll be on the case for you immediately, communicating with your school's Title IX office and the Title IX investigator when necessary (and so you don't have to); helping you prepare for the Title IX investigation; looking into the facts of the case and working to uncover evidence that we can use to defend you against the allegations; negotiating with your school to resolve your case as favorably as possible; and where necessary, vigorously defending you at your disciplinary hearing. And during this entire time, we will be there for you when you have questions about the status of your case.
Stages of a Title IX Case
The Title IX Misconduct Report
Schools make it very easy for anyone to file a Title IX misconduct report against a student (or school employee). It's the initial Title IX report, alleging some form of Title IX misconduct, that starts the entire process. All schools have webpages devoted to Title IX that provide instructions, and in most cases, online forms that students and others can use to file a Title IX report with the school's Title IX office.
Boston University, for example, has a “Sexual Misconduct and Title IX” webpage that includes a link to “Submit an Incident Report.” Harvard College (the undergraduate portion of Harvard University) has a “Harvard College Title IX” page with a prominent link that can be used to “File a formal complaint.” Emerson College's Office of Equal Opportunity & Campus Processes has a webpage that provides a phone number, email address, and link to a reporting form that covers a wide range of different types of discrimination and harassment, including those prohibited by Title IX. Each school will have its own way to make it easy for students and others to file Title IX misconduct reports – typically with a quick Internet search and a few clicks of the mouse.
The Title IX Investigation
Assuming the Title IX report received by the school's Title IX office alleges misconduct that is covered by Title IX (as opposed to some other type of misconduct), the school's Title IX office will begin an investigation. In most cases, this will involve assigning the matter to a Title IX investigator. At the same time, the accuser and the accused will both receive a notice about the allegations made against the accused student and that an investigation is underway.
The notice will typically include a list of “supportive measures” or “interim measures” that the school can provide. While on paper, these measures are there for both students, in fact, many of them are for the benefit of the student who filed the Title IX misconduct report, at the expense of the accused student. Boston College's “Title IX Harassment Policy” lists the following “Supportive Measures,” which are typical:
- mutual restrictions on contact between the parties;
- changes in work or housing locations
- modifications of work or class schedules
- leaves of absence
- access to counseling
- pastoral care and support through Campus Ministry
- extensions of deadlines or other course-related adjustments
- campus escort services
- increased security and monitoring of certain areas of the campus.
Note that in almost all cases, it will be the accused student who will be required to change housing, change their on-campus work, change their class, or take a leave of absence. These can be particularly disruptive to the accused student's educational experience and progress. When you have an experienced Title IX attorney on your side, your lawyer can fight to keep you on campus, in your dorm, and working your usual job during the Title IX investigation, instead of you being treated by your school as though you're guilty before your case has even been heard.
The Title IX investigator will interview you and your accuser. Your attorney can prepare you for your interview and will be able to sit through it with you to make sure the questions you're asked are clear, that you understand them, and that you provide clear responses. The investigator may also interview any witnesses and depending on the case, might seek to gather other kinds of evidence. This can include videos, photos, social media posts, emails, text messages, and voicemails if they relate to the accusations made against you.
In addition, both sides can provide evidence to the investigator. Your attorney can help with this, gathering evidence in your favor that the Title IX investigator “missed,” or failed to even search for, and explaining its significance to the investigator.
At the end of the investigation, the Title IX investigator will prepare a written report that both sides will be able to review and comment on. Typically, the timeframe for this review is short, sometimes just a few days. When you have been working with a Title IX attorney from day one, it will be much easier for the attorney to review and provide useful commentary on the report – commentary that may change the report and help protect you from a formal Title IX complaint.
The Formal Title IX Complaint
Your school's Title IX office will review the Title IX investigator's report and decide whether to file formal charges against you. If they decide not to pursue the matter, it will be dismissed, but your accuser will have the right to appeal that decision. If the Title IX office moves forward with a formal complaint, it will summarize the evidence against you, list the Title IX misconduct you're accused of, and in many cases, propose a sanction to be imposed on you. You will be served with this formal complaint and will have a chance to respond to it in writing.
Your Title IX attorney's response can often help your case by pointing out errors in the investigation, evidence that the investigator failed to find, consider, or credit, and weaknesses in the school's case. Again, if your attorney has been working with you from day one, it will be much easier for them to prepare and submit an effective response to the school's formal complaint.
Negotiations
Almost all Title IX misconduct cases are settled, with a written agreement between the school and the student. Whether to settle and on what terms is something you need to discuss with your Title IX attorney. The experienced attorneys from the Lento Law Firm's Student Defense Team understand the ins and outs of the negotiation process in Title IX cases and can use their experience, coupled with their knowledge of your case, to negotiate for a result that will keep you studying at your school and will protect your future.
Hearings
Not all cases settle, of course, and if yours doesn't, it will proceed to a hearing. The way hearings are conducted can vary widely depending on the Title IX rules and regulations then in effect, and on the way your school has implemented them. Working with an experienced Title IX attorney from the Lento Law Firm's Student Defense Team means you'll have someone on your side who is up to date on the current Title IX rules and regulations, who understands your school's Title IX hearing procedures, and who has experience defending students accused of Title IX misconduct in many other hearings. All of this, combined with their extensive knowledge of your case means you'll have the best chance possible of defending against the Title IX allegations brought by your school.
It's important to realize the standard that applies when schools decide Title IX cases. Unlike in criminal cases – where the defendant must be proved guilty “beyond a reasonable doubt” – students accused of Title IX misconduct must only be “more likely than not” to have committed the misconduct. That's basically like saying if the school thinks there is a 51% chance that you engaged in the misconduct, you'll be found responsible for it and sanctioned. This is just another reason why you need the help of an experienced Title IX attorney if you're facing a Title IX misconduct complaint.
Written Decision
Title IX rulings are made in writing and will explain why the hearing panel or officer ruled as they did. If the ruling is in your favor, your accuser will be able to appeal it. If it goes against you, then you have the chance to appeal.
Appeal
Appeals are made to the school – the same entity that ruled against you. As a result, they're not often successful. Your Title IX attorney can discuss with you whether an appeal makes sense in your case if the hearing does not go your way.
Lawsuit
Sometimes, the school's bias against the accused student is so severe that it violates the student's rights, either under the law or under the school's own written policies and procedures. When that happens, it may help to sue the school to force them to revisit your case and to handle it more fairly than they did the first time. Your Title IX attorney can discuss with you whether this kind of a lawsuit could be helpful in your case. These kinds of lawsuits are happening more and more often, because schools seem to be increasingly willing to unfairly favor accused students in the Title IX disciplinary process.
The Lento Law Firm's Student Defense Team Can Help With Your Title IX Case in the Boston Metropolitan Area
If you're attending college or university in the metropolitan Boston area and have been accused of Title IX misconduct, you need the help of an experienced Title IX attorney to protect your education and your future. The Lento Law Firm's Student Defense Team includes attorneys who have years of experience helping students in schools all across the country, including in the Boston area, defend against Title IX and other serious misconduct claims brought against them by their schools. We understand how important your education is to you and how the Title IX disciplinary process often unfairly favors the accuser and can hurt the accused student.
Don't try to face Title IX misconduct allegations alone! 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. We are here to help you protect your education and your future.
