In accordance with civil rights federal law Title IX, colleges and universities are responsible for adjudicating all complaints of sexual misconduct committed by and/or against students and staff. An investigation is a vital part of the administrative process higher education institutions utilize to determine whether this law and school policy have been violated.
Although a Title IX investigation may bear some resemblance to a criminal investigation, there are several major differences. The conclusion of an investigation won't determine guilt or innocence in respect to any federal, state, or local law, nor is the process confined by legal rules and regulations. Instead, a Title IX investigation will result in what's known as “finding” of responsibility or irresponsibility. Based on this “finding” a school will have wide discretion as to how the complaint will be resolved.
The Role of An Advisor
People bringing forth allegations (complainants), and individuals responding to allegations (respondents) who participate in the Title IX investigation process are afforded the right choose a person to serve as their advisor throughout the entire investigation process. This right is extended to these parties because they'll undoubtedly need assistance understanding and navigating the oftentimes complex Title IX investigation process. Choosing the right advisor can prove to be beneficial in many ways, but there are limitations.
The Benefits of Choosing an Attorney as Your Title IX Advisor
Although respondents are allowed to choose anyone as your advisor, it is critical that they consider selecting an attorney. The only way for an advisor to be effective is for them to completely understand the ins and outs of the process and truly grasp where they fit in this process. An experienced Florida Title IX advisor has likely been through this process numerous times and will know if your rights are being properly exercised and protected.
As a respondent, you may feel like the odds are stacked against you. Unfortunately, in some ways they are. Defendants exclusively suffer from what's known as a presumption of guilt. When accused of highly stigmatized allegations like sexual misconduct, people have a tendency of assuming you're guilty and treating you as so before you're even given a chance to defend yourself. Saying or doing the wrong in the investigation process will only confirm and inflame people's preconceived perception of guilt. This is one of many reasons you need the help of an attorney throughout this process.
The Title IX Process
Here's a general overview of how the process usually goes in Florida schools:
- A complaint is filed: colleges encourage each member of its community to report all rumored, witnessed, and experienced instances of alleged sexual misconduct. A complaint can be filed by virtually anyone, from a "victim" to a mandatory reporter.
- The implementation of interim measures: a school's primary concern is to protect a complainant and the campus community from retaliation. In some circumstances, the college may deem it necessary to impose interim measures. These measures almost always solely impact respondents, as they are ordered to modify their schedule, housing arrangement, job, and more so that they have absolutely zero contact with a complainant and other involved parties.
- The investigation: a formal investigation conducted by an objective party will be carried out. Complainants, respondents, witnesses, and any other relevant parties in the case will be interviewed to gather information. Based on the facts, the investigator(s) will come up with a finding. At any school, the sexual misconduct investigative process will determine responsibility, without the opportunity for a hearing on the matter.
- Hearing: At schools where Title IX charges are resolved via a hearing process, this is the last opportunity for both sides to tell their side of the story. A panel will listen to testimony, witness accounts, and final statements. After deliberation, the panel will come up with a determination and recommended sanctions.
- The imposition of sanctions: If the investigation or hearing panel concludes that a respondent is "responsible" for violating Title IX, again, depending on how the accused's school address these cases, sanctions like treatment, an intervention program, the removal of scholarships, suspension, or expulsion are imposed upon respondents.
- Appeals: An appeal is a request for a school to reconsider its decision on the basis of reasonable grounds. Generally, if any party is dissatisfied with the outcome of an investigation or proposed sanction, he or she may file an appeal, which is a whole process in and of itself.
Florida Title IX Advisor
If you attend a Florida school and are facing sexual misconduct allegations, it is crucial you contact an attorney. Skilled legal professional Joseph D. Lento has extensive experience representing people in Florida and nationwide who have been in your shoes. Contact him today for help online or by phone at 888-535-3686.
Florida colleges and universities where Joseph D. Lento can help as your or your student's Title IX advisor during sexual misconduct investigations (and also hearings and appeals) include, but are not limited to, the following schools:
- Acupuncture and Massage College
- AI Miami International University of Art and Design
- American InterContinental University South Florida
- Argosy University Sarasota
- Argosy University Tampa
- Ave Maria University
- Aviator College of Aeronautical Science and Technology
- Barry University
- Beacon College
- Bethune Cookman University
- Brevard Community College
- Broward College
- Brown Mackie College Miami
- Carlos Albizu University Miami
- CBT College Cutler Bay
- Centura Institute
- Chamberlain College of Nursing Florida
- Chipola College
- City College Altamonte Springs
- City College Fort Lauderdale
- City College Gainesville
- City College Miami
- College of Business and Technology Flagler
- College of Business and Technology Hialeah
- College of Business and Technology Kendall
- College of Central Florida
- Daytona State College
- DeVry University Florida
- Digital Media Arts College
- Eckerd College
- Edison State College
- Edward Waters College
- Embry Riddle Aeronautical University Daytona Beach
- Embry Riddle Aeronautical University Worldwide
- Everest Institute Fort Lauderdale
- Everest Institute Hialeah
- Everest Institute Kendall
- Everest Institute North Miami
- Everest University Brandon
- Everest University Jacksonville
- Everest University Lakeland
- Everest University Largo
- Everest University Melbourne
- Everest University North Orlando
- Everest University Orange Park
- Everest University Pompano Beach
- Everest University South Orlando
- Everest University Tampa
- Everglades University
- Flagler College St Augustine
- Florida Agricultural and Mechanical University
- Florida Atlantic University
- Florida Career College Clearwater
- Florida Career College Miami
- Florida Christian College
- Florida College
- Florida Gateway College
- Florida Gulf Coast University
- Florida Hospital College of Health Sciences
- Florida Institute of Technology
- Florida International University
- Florida Keys Community College
- Florida Memorial University
- Florida National College Main Campus
- Florida Southern College
- Florida State College at Jacksonville
- Florida State University
- Fortis College
- Fortis College Largo
- Fortis College Miami
- Fortis College Tampa
- Fortis College Winter Park
- Fortis Institute Pensacola
- Full Sail University
- Golf Academy of America Altamonte Springs
- Gulf Coast State College
- Herzing University Winter Park
- Hillsborough Community College
- Hobe Sound Bible College
- Hodges University
- Indian River State College
- International Academy of Design and Technology Online
- International Academy of Design and Technology Orlando
- International Academy of Design and Technology Tampa
- ITT Technical Institute Fort Lauderdale
- ITT Technical Institute Fort Myers
- ITT Technical Institute Jacksonville
- ITT Technical Institute Lake Mary
- ITT Technical Institute Miami
- ITT Technical Institute Orlando
- ITT Technical Institute St. Petersburg
- ITT Technical Institute Tallahassee
- ITT Technical Institute Tampa
- ITT Technical Institute University Park
- Jacksonville University
- Johnson & Wales University North Miami
- Jones College Jacksonville
- Jose Maria Vargas University
- Keiser University
- Key College
- Lake Sumter Community College
- Le Cordon Bleu College of Culinary Arts Miami
- Le Cordon Bleu College of Culinary Arts Orlando
- Lincoln College of Technology West Palm Beach
- Lynn University
- Medvance Institute Fort Lauderdale
- Medvance Institute Miami
- Medvance Institute West Palm
- Miami Ad School Miami Beach
- Miami Dade College
- Millennia Atlantic University
- New College of Florida
- North Florida Community College
- Northwest Florida State College
- Northwood University Florida
- Nova Southeastern University
- Palm Beach Atlantic University West Palm Beach
- Palm Beach State College
- Pasco Hernando Community College
- Pensacola State College
- Polk State College
- Polytechnic University of Puerto Rico Miami Campus
- Polytechnic University of Puerto Rico Orlando
- Remington College
- Remington College Tampa Campus
- Ringling College of Art and Design
- Rollins College
- Saint John Vianney College Seminary
- Saint Johns River State College
- Saint Leo University
- Saint Thomas University
- Sanford Brown Institute Ft Lauderdale
- Sanford Brown Institute Jacksonville
- Sanford Brown Institute Orlando
- Sanford Brown Institute Tampa
- Santa Fe College
- Schiller International University
- Seminole State College of Florida
- South Florida Bible College and Theological Seminary
- South Florida Community College
- South University Tampa
- South University West Palm Beach
- Southeastern College
- Southeastern College
- Southeastern University
- Southwest Florida College
- St Petersburg College
- State College of Florida Manatee Sarasota
- Stenotype Institute of Jacksonville Inc. Jacksonville
- Stenotype Institute of Jacksonville Inc. Orlando
- Stetson University
- Tallahassee Community College
- Talmudic College of Florida
- Taylor College
- The Art Institute of Fort Lauderdale
- The Baptist College of Florida
- The University of Tampa
- The University of West Florida
- Trinity Baptist College
- Trinity College of Florida
- Trinity International University Florida
- University of Central Florida
- University of Florida
- University of Fort Lauderdale
- University of Miami
- University of North Florida
- University of Phoenix Central Florida Campus
- University of Phoenix North Florida Campus
- University of Phoenix South Florida Campus
- University of Phoenix West Florida Campus
- University of South Florida Main Campus
- University of South Florida St. Petersburg Campus
- Valencia College
- Virginia College Jacksonville
- Virginia College Pensacola
- Warner University
- Webber International University
- Yeshivah Gedolah Rabbinical College
It is critical to make certain the Title IX investigation at your college or university is handled properly and that the accused student's or employee's interests are protected from as early as possible during the sexual misconduct investigative process. One major reason is because even at 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 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 is found responsible or not responsible for Title IX charges.
Unfortunately, some students, families, and college employees 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 and Title IX charges would not exist.
Fighting passionately for the future of his clients at universities and colleges throughout the nation for a decade, Joseph D. Lento knows how important it is to mount the strongest defense because he understands that an accused's academic and professional 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, 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 advisor and educational consultant to students facing sexual misconduct investigations and disciplinary cases in Florida and throughout the nation. Make certain your or your student's interests are protected - Contact National Title IX attorney Joseph D. Lento today.
