If you've been charged with sexual misconduct by your college or university, you must take it seriously. Your school is required by federal law (Title IX) to maintain its policy, and it is encouraged to impose harsh penalties on anyone found responsible for an offense.
What does taking it seriously mean?
First, it means finding out everything you can about the charges. You have a right to know who accused you. You have a right to understand the allegations. You have a right to review all the evidence.
Second, make sure you understand Title IX investigation procedures. What rights do you have during the process? Who decides whether you're innocent or guilty? What sanctions might you face?
Most importantly, you need to get help. You need professional legal help, and a local attorney won't do. You need someone from the Lento Law Firm. We are the premier firm in the country when it comes to student representation. Our Student Defense Team knows what you're up against, and we understand the stakes. We've studied the law, and we're familiar with your school's judicial procedures. No matter what your particular situation, we're on your side and ready to do everything in our power to protect your rights.
Wherever you attend school in the Cape Coral-Ft, Myers area—from Florida Gulf Coast University to Southwest Florida College—we're here for you. We've helped hundreds of students respond to Title IX charges, and we can help you to do the same. To find out more, call the Lento Law Firm at 888-535-3686, or take time right now to fill out one of our online forms.
Title IX Basics
Before we go any further, let's talk about Title IX and what it is.
The US Congress passed Title IX in 1972 with the intention of limiting sexual discrimination and colleges, university, and other education programs. At the time, many schools held women to higher admission standards. Professors frequently treated women differently in class. Women were sometimes restricted in terms of where they could go on campus, and more than a few schools maintained strict dress codes for women.
Virtually all schools fell into line almost immediately. The law included a threat to withhold federal funds from any that refused to comply. Over the next fifty years, the law evolved in entirely new directions, and those changes made enforcement much more complicated.
- Originally, Title IX was meant to prevent sexual discrimination by schools. However, US courts eventually interpreted the law to bar sexual discrimination at schools. An important distinction is that this interpretation meant colleges and universities were now responsible for policing their student populations.
- In addition, the courts interpreted “discrimination” in the broadest possible sense to mean “harassment” and, ultimately, all types of sexual misconduct, from simple verbal harassment to far more serious offenses like stalking, domestic violence, and rape.
- ·In recent decades, presidential administrations have debated the scope and jurisdiction of Title IX. Some administrations, such as Obama's, insisted the law should cover sexually motivated offenses no matter who was involved, effectively protecting members of the LGBTQ community from discrimination and misconduct. Other administrations have rescinded these orders. The Trump administration in 2020 issued rules that limited enforcement to incidents occurring on campus.
So, where are we at this point? Under current guidelines, Title IX only protects women. Colleges and universities are only allowed to apply Title IX to incidents on campus, though many schools now have policies that cover off-campus misconduct. The law applies to discrimination, harassment, and misconduct, including:
- Simple Harassment
- Stalking
- Dating Violence
- Domestic Violence
- Sexual Assault
- Rape
- Sexual Exploitation
- Sexual Harassment, Including Online Sexual Harassment
- Intimidation and Retaliation
Perhaps the most significant aspect of current law, though, is that it remains far from settled. There is no stable definition of who Title IX covers. There is no stable definition as to what constitutes an offense. Most importantly, there are no established rules for how investigations and adjudications should proceed.
This is one reason why it's so important you have a Lento Law Firm attorney on your side before you challenge a sexual misconduct charge. We know the law. We know its history, and we follow current political trends with regard to how it is being implemented. Only we can show you how to navigate processes and procedures, and only we can show you ways to use those processes and procedures to your benefit.
Title IX Allegations
Cases begin with an allegation. No one is immune from such allegations. Whether you're an athlete or an honor student, you cannot know when you may be the victim of a misunderstanding or a false allegation.
Anyone on campus can accuse you. In fact, complaints don't have to be lodged by alleged victims. Third parties are allowed to file reports based on knowledge they may have of misconduct. Some schools require employees to report anything they may know. Others, like Florida Gulf Coast University, designate certain members of campus as confidential reporters.
Ultimately, the Title IX Coordinator handles all complaints. Only the Title IX Coordinator may issue a formal charge, though it is also worth noting that the Coordinator can do this even in the absence of a cooperating complainant (the alleged victim).
At this point, you might be asking why you need to know so much about allegations. Even at this early stage in the process, you need to contact the Lento Law Firm. If you suspect someone might be planning to accuse you or that a charge might be coming, we can help. We can contact the Title IX Coordinator, for instance, and make sure they conduct a preliminary investigation before filing charges. We can also ensure you're treated fairly right from the start of the case and help you avoid any potential missteps.
Title IX Investigations
If you should wind up charged with a Title IX offense, the Coordinator will initiate a formal investigation. Keep in mind, though, that you have some important due process rights. Your school must provide you with a presumption of innocence, for instance. It cannot find you responsible for an offense without a “preponderance of evidence,” and as it gathers that evidence, it must remain objective.
In addition,
- Under Title IX, your school must treat you equally to the complainant. That means if the complainant is offered counseling, you must be offered counseling as well. If the school restricts your movements on campus, it must similarly restrict the complainant's movements.
- You are entitled to notice of the charges before the investigation begins. This notice should name your accuser and provide enough details about the allegations to begin building your case. In addition, it should describe all of your due process rights.
- Impartial Investigator: The Coordinator appoints an investigator. This person must be trained in Title IX procedure and free from bias in the case. You are entitled to object to any Title IX official you feel might be prejudiced against you.
- Participation: You have the right to tell investigators your side of the story, to submit evidence, and to suggest witnesses. In addition, you are entitled to review all evidence investigators uncover.
- Evidence Review: At the end of the investigation, investigators submit a full written report of their findings to the Title IX Coordinator. Again, this report must be an objective, unbiased review of the facts. Both sides then have at least ten days to review this report and suggest necessary changes.
- Time Limit: Your school cannot investigate you indefinitely. Title IX states that investigations must be completed in a timely manner. Many schools set explicit time limits. Florida Southwestern State College, for example, allows just 60 days for investigators to complete their work.
Your most important due process, though, is the right to an advisor and to choose an attorney to fill this position. Your Lento Law Firm attorney can accompany you to all investigative meetings to help you tell your story and to ensure you're treated fairly.
Title IX Hearings
At this point, the Title IX Coordinator sets a time and date for a hearing. Hearings must be held live, though either side can request they take place via closed-circuit video.
Under Title IX, schools can choose one decision-maker or appoint a whole panel to hear cases. In either case, both sides are given the opportunity to make their respective cases. You have the right to
- Make an opening statement;
- Introduce physical evidence;
- Call witnesses to testify;
- Raise questions about any evidence being used against you;
- Cross-examine (through your advisor) any witnesses testifying against you;
- Make a closing statement.
Once the hearing is complete, decision-makers employ a legal standard known as "preponderance of the evidence" to determine whether or not you are responsible for (guilty of) an offense. Basically, you are responsible if they are more than fifty percent convinced of your guilt.
Note that Title IX requires you to speak for yourself at both investigations and hearings. Your Lento Law Firm attorney cannot “represent” you the way they would during a criminal trial. However, you can expect them to prepare you for every aspect of the hearing, from drafting your presentation to suggesting questions for witnesses.
Title IX Sanctions
If you are found responsible, you'll likely face a serious sanction. While schools can use any punishment listed in their Code of Conduct, they are under enormous pressure from the federal government and the general public to impose harsh penalties. The minimum sanction in these cases is usually suspension, but dismissal is more likely.
These punishments are severe in their own right, but they also come with transcript notations describing your offense. With that kind of black mark on your record, you'll have trouble transferring to other schools, applying to graduate school, or even establishing your career.
There is simply too much at stake to try and go it alone with your defense. Even most attorneys struggle with Title IX cases. You need someone on your side who understands Title IX and has experience defending students. You need someone from the Lento Law Firm.
Title IX Appeals
Your last due process right is the right to appeal a responsible hearing outcome. Note, however, that appeals are not an opportunity to reargue your points. You need evidence that you were denied a fair opportunity to make your case. Basically, there are four possible grounds for an appeal.
- An allegation that some procedural error prevented you from receiving a fair hearing;
- The discovery of significant new evidence not available at the time of the hearing;
- An accusation that a Title IX official had some clear bias against you;
- A complaint that the sanction is grossly disproportionate to the nature of the offense.
Keep in mind that the complainant in the case also has the right to file an appeal if they feel they were denied a fair chance to establish their responsibility for the offense.
The Office of General Counsel
Should you lose your appeal, your Lento Law Firm attorney can try one additional option: taking your case directly to your school's Office of General Counsel. The OGC is an attorney or a firm retained by the school to provide legal advice. Lento Law Firm attorneys maintain relationships with a number of OGC around the country. As a result, we're skilled at negotiating settlements outside the bounds of normal campus justice. This is a unique service that we can offer only to sexual misconduct clients.
The Lento Law Firm is on Your Side
Wherever you live in the Cape Coral-Ft. Meyers—Cape Coral Ft. Meyers, Bonita Springs, Sanibel, or other points in between—you can count on the attorneys at the Lento Law Firm to know how your school operates. Our Student Defense Team has been at this for many years, and we've helped hundreds of students defend themselves from all types of misconduct charges, including Title IX accusations. We know the law, and we know campus judicial procedures.
Most importantly, we're always on your side and committed to your success. Whether you're entirely innocent or you did make some sort of mistake, we're dedicated to getting you the best possible resolution to your case.
To find out more, contact the Lento Law Firm today at 888-535-3686, or fill out our online questionnaire.
