The Columbus, Ohio, metropolitan area may be best known as the home of The Ohio State University, but there are a number of other fine colleges and universities that call the city and surrounding towns home. If you're a student attending school at any of these, you know better than anyone else how hard you need to work to do well at school. And if you've been accused of Title IX misconduct, that work becomes even more difficult as you also have to deal with your school's investigation of the allegations made against you and the possibility of having your education come to a halt if you're suspended or expelled as a result.
The Lento Law Firm's Student Defense Team can help. Our experienced Title IX attorneys understand what it takes to protect your rights if you're being investigated for Title IX misconduct and to mount an effective defense if your school brings a formal complaint against you. Call us today 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 enacted in 1972, primarily to remedy the problem of schools treating female applicants differently than males, both during the admissions process and afterward, in terms of the opportunities that schools provided to their students. Since then, its scope has expanded considerably, and not just in the area of intercollegiate athletics, where women's and men's sports must receive equivalent funding.
Title IX now protects students and school employees from discrimination and harassment based on sex, sexual identity, sexual orientation, and parenting and pregnancy status. What this means as a practical matter is that schools will vigorously enforce Title IX on campus by investigating and disciplining students accused of Title IX misconduct. Their incentive to do this goes beyond simply doing the right thing; if they fail to enforce Title IX, schools can be fined or can even face the loss of their federal funding.
Many Title IX misconduct cases begin with allegations of sexual assault or relationship violence between students. Others are based on claims that students were harassed or discriminated against based on their sexual orientation or some other protected aspect. In either case, schools will thoroughly investigate Title IX misconduct claims and, where the investigation uncovers support for the allegations, will pursue formal charges against the accused student. Investigations can take months, and in some cases, schools will apply “interim policies” that, while supposedly designed to protect the accuser, can completely change the educational and social college experience for the accused student.
This is why you need an experienced Title IX attorney on your side as soon as you learn you've been accused of misconduct. Your attorney will know what to do to protect your rights and to defend you against not only any disciplinary allegations you face but also any improper attempts by your school to disrupt your college experience in the name of protecting your accuser. If you've been accused of Title IX misconduct, your best bet is to contact the Lento Law Firm's Student Defense Team for help as soon as possible.
Protecting Yourself in Title IX Cases
In order to show the federal government that they're complying with Title IX enforcement obligations, schools make it easy for students to file Title IX misconduct reports. This is the case for any school that accepts federal funding, which is the vast majority of colleges and universities across the country, including those in the Columbus metropolitan area. This includes not only large schools such as Ohio State University but other excellent schools with fewer students, like Otterbein University in Westerville, Capital University, Columbus State Community College, Denison University in Granville, and others. These and other schools in the Columbus metro area will make it easy for students to file Title IX misconduct reports against other students.
Title IX misconduct reports are processed by a specific Title IX official designated by the school. Typically, the school will investigate each report, and when it appoints a Title IX investigator, you'll be notified if you're the one accused of misconduct. This is the point at which you should contact the Lento Law Firm's Student Defense Team. We can begin helping you protect your rights and defend against the allegations immediately.
Your Title IX attorney will explain what's happening in your case and what you can expect to happen as it moves forward. They'll make sure you're prepared for every step – whether it's an interview with the Title IX investigator, negotiations with your school about your case, or your hearing in the event your case isn't dismissed or does not settle. Working with someone who does this daily, who has helped other students going through what you're facing, will give you the benefit of their years of experience and their understanding of both the laws and regulations that apply in Title IX cases and your school's Title IX investigation and disciplinary procedures.
Schools take their Title IX enforcement obligations seriously and will impose sanctions accordingly. That means it's not unusual for students found to have committed Title IX misconduct to be suspended or even expelled. This is why you also need to take your case seriously and get help from one of the experienced Title IX attorneys from the Lento Law Firm's Student Defense Team.
Stages of a Title IX Case
The Title IX Misconduct Report
Title IX misconduct cases typically begin with a Title IX misconduct report. Most schools make these very easy to file; students can file them via an online form, by phone, by email, or even in person with the school's Title IX coordinator.
Ohio Wesleyan University, for example, has a reporting link that students can access through the school's webpage devoted to “Title IX, Sexual Misconduct, and the Clery Act.” Franklin University's Title IX and Sexual Harassment page includes the email address and phone number of the school's Equity and Title IX Coordinator and directs students to use those to report allegations of sexual harassment. The Ohio State University's Office of Institutional Equity maintains a website with a link for students to use to “Report an incident.” Denison University's Title IX page provides students with several “Reporting options,” including an online report form and contact links to the school's Title IX coordinator.
Essentially, every school is going to provide a clear path for someone who believes they've been the victim of Title IX misconduct to report to the school. The misconduct report is the first step in the Title IX misconduct process.
The Title IX Investigation
Once the school has a Title IX misconduct report in hand, the Title IX coordinator will typically assign the matter to an investigator, who is responsible for gathering information about the allegations and drafting a report of their findings for the Title IX office to review. If you've been accused of Title IX misconduct, you'll be notified when an investigator is appointed and what the allegations are against you. You'll be able to respond to these allegations – and this is when you should be working with an experienced Title IX attorney.
Investigations may take weeks, or they may take months, depending on the case. If you have a Title IX attorney on your side, you'll know what's going on with your case at every step and won't have to worry about missing deadlines or not being prepared for the next stage. Your attorney will prepare you for your interview with the Title IX investigator and can be there with you to make sure you only respond to questions that are clear, fair, and understandable.
Investigations often go beyond simply interviews with the accuser and the accused. If there are potential witnesses to the incident, the investigator may interview them. If there is other evidence available that may shed light on the allegations, such as security camera footage, photos, videos, text messages, etc., the investigator may try to get hold of it to see whether it helps with the case.
What can be particularly frustrating for the accused student are what schools may call “interim measures” that they may take during the investigation. These are described as measures designed to make sure the accuser feels safe and secure at the school, but they can also make the accused student feel as though the school has already decided the case against them.
These “interim measures” can include things like counseling but also much more intrusive steps that can radically affect your educational and social experience at your school. For example, your school may try to take steps such as the following:
- Forcing you to change class sections so that you and your accuser are not present in the same lecture hall, classroom, or lab at the same time; if another section isn't available, you may be required to take your course online or drop it completely
- Moving you from your dorm if you and your accuser live in the same building, either to other campus housing or, if none is available, off-campus entirely
- If you work together in an on-campus job, requiring you to have a different schedule than your accuser so, you're not working together; if that's not possible, you may have to leave your campus job
- In some cases, forcing you to take a “voluntary” leave of absence during the course of the investigation and disciplinary process, or transition to online learning entirely
Needless to say, if your school takes these measures – no matter how well-intentioned – they can leave you feeling as though the school has already decided that you're responsible for Title IX misconduct, even if the investigation has only just begun.
By working with an experienced Title IX attorney, you will have someone on your side who can argue against excessive use of interim measures while still respecting your accuser's concerns for their welfare. Your attorney may be able to propose alternative ways to address those concerns that don't alter your educational and social experience to such a significant extent.
Another thing your Title IX attorney might do is conduct their own investigation of the claims made against you to uncover evidence “missed” or disregarded by the school's investigator that could be used to help your defense. Not every school investigator properly investigates Title IX claims, and some will focus on finding evidence of guilt instead of uncovering all of the evidence – even evidence that could be helpful to you.
At the close of the investigation, the Title IX investigator will prepare a draft report that both you and your accuser may be able to review and comment on before it's delivered to the school's Title IX office. If you've been working with one of the experienced attorneys from the Lento Law Firm's Student Defense Team, your attorney will be able to quickly provide effective comments on the draft, comments that could change the final version.
When the investigator finalizes their report, they'll deliver it to your school's Title IX office for review and for a decision on how to proceed with your case.
The Formal Complaint
Your school's Title IX office may decide not to take any action against you based on the investigator's report. In that case, your accuser will be able to appeal the decision. If, however, the school believes that you may be responsible for Title IX misconduct, it will file formal charges against you. You'll receive a copy of these and will be able to respond.
If you've been working with an experienced Title IX attorney from the Lento Law Firm's Student Defense Team, your attorney will be able to prepare an effective response based on their knowledge of your case. Your case will then move on to the next stage.
The Negotiations
If a formal complaint is made against you by your school, it's likely that your attorney will discuss the matter with the school in an attempt to negotiate a resolution that will be acceptable to you and your school. Most Title IX cases resolve themselves with agreed settlements instead of going to the hearing stage. That said, you can't be forced to settle, and the decision on whether or not to do so will ultimately be yours.
The experienced attorneys from the Lento Law Firm's Student Defense Team regularly negotiate on behalf of our student clients in an attempt to resolve Title IX misconduct cases in a way that will protect the student's education and their future. We understand the concerns of schools in these cases, but we also understand that our clients have rights, and we will constantly fight to protect those rights.
The Hearing
The few cases that don't settle will proceed to a hearing. How the hearing is structured will depend on the Title IX rules and regulations that are then in effect, as well as how your school has interpreted those regulations. Our attorneys regularly defend clients in school disciplinary hearings at different schools all across the country and are used to adapting to different procedures at different schools. Most importantly, we know what it takes to make a strong and effective defense to Title IX misconduct charges.
We also know that the school's hearing tribunal need only believe that it was more likely than not that you committed Title IX misconduct to find you responsible. That's a lower standard than the “beyond a reasonable doubt” one that's used in criminal cases. Because of this lower burden of proof, you need a strong defense – one that the Lento Law Firm's Student Defense Team will do everything in our power to deliver.
The Decision
The hearing panel's decision will be in writing. If the panel rules that you're not responsible for the accused Title IX misconduct, your case will be over, except your accuser may be able to appeal.
If the decision goes against you, it will most likely also impose sanctions on you that may go into effect immediately. You'll then have a chance to appeal it.
The Appeal
It can be difficult to win an appeal of a Title IX misconduct ruling. The grounds for appeal are narrow, and you will be appealing to the same school that just ruled against you. Your attorney can discuss your case with you and help you decide whether appealing an adverse decision makes sense in your case.
Lawsuits
More and more schools are being sued by accused students for violating the student's rights during the Title IX investigation and disciplinary process. Whether your case would support such a lawsuit is something your Title IX attorney can discuss with you. If it does, the Lento Law Firm's Student Defense Team can explain how they can help you file the suit and pursue the relevant claims against your school.
The Lento Law Firm's Student Defense Team Can Help with Your Title IX Case in the Cleveland Metropolitan Area
Learning that you've been accused of Title IX misconduct can be a frightening and stressful experience. One way to reduce the stress that comes with a Title IX investigation and disciplinary proceeding is by working with one of the experienced Title IX cases from the Lento Law Firm's Student Defense Team. Our attorneys understand Title IX and school disciplinary policies and procedures. We know how to protect your rights from day one and how to defend you against allegations that could bring your education to a halt and delay or end your career plans. We've helped students all across the country, including students from the Columbus metropolitan area, and are ready to protect your rights and defend you in your case.
Don't make the mistake of trying to defend yourself against Title IX misconduct allegations – the stakes are much too high. 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 attorneys to learn how we can help.
