No university misconduct charge carries the weight of a sexual misconduct charge. Likewise, no charge is quite as difficult to defend against. Sexually-based offenses aren't just a matter of your school's policy. Under Title IX, they are a matter of federal law. Investigations and hearings can be enormously complex and difficult to navigate. You don't want to try and mount a defense on your own.
Luckily, you don't have to. Title IX provides all accused students with the right to an advisor and to retain an attorney to serve in this role. You want to make the most of this opportunity, though. A local attorney won't do. A family attorney won't have the skills necessary to protect you. Only someone from the Lento Law Firm has the background and experience to ensure you get the best possible resolution to your case.
The Lento Law Firm's Student Defense Team was founded to protect students from misconduct charges. We know your rights. We also know how your school's judicial processes and procedures work, and we can show you how to use them to your advantage.
Whether you're a student at the Citadel or the Medical University of South Carolina, the Lento Law Firm is here to help. It's important you contact us quickly, though. You can be sure your school is already building its case against you. You need to be building your defense. Contact the Lento Law Firm today to find out how we can help. Call 888-535-3686, or take time right now to fill out one of our online forms.
Some Background on Title IX
Title IX was originally passed by the US Congress in 1972. Its intention was to eliminate sexual discrimination on college and university campuses. Schools were prohibited from discriminating against women in admissions; professors were prohibited from discriminating against women in the classroom. In the fifty years since it was instituted, Title IX has evolved so that it now serves a number of additional purposes.
- US courts determined that the law didn't just bar colleges and universities from discriminating against women. It also required colleges and universities to protect women from discrimination by other students. This effectively forced schools to police their student bodies.
- In addition, the courts broadened the definition of sexual discrimination to include harassment and, eventually, a wide range of other types of sexual misconduct, from stalking to sexual assault.
- Finally, in recent years, presidents have used Title IX as a means to define their own political and ideological legacies. So, for instance, the Obama administration declared that the ban on sexual discrimination applied to members of the LGBTQ community as well as women. The Trump administration rescinded this order and restricted schools' jurisdiction over incidents that occur off-campus.
There are, of course, aspects of the law that have remained consistent over the entirety of its existence. Title IX protects all women from a wide range of sexual discrimination and harassment at all educational programs receiving federal funding. Specific offenses include
- Stalking
- Dating Violence
- Domestic Violence
- Sexual Assault
- Rape
- Sexual Exploitation
- Sexual Harassment, Including Online Sexual Harassment
- Intimidation and Retaliation
Other than these basics, though, nothing about Title IX is settled. The law isn't just subject to change; it's given to change. The very definitions of “sexual discrimination” and “sexual harassment” remain in flux. Who Title IX protects can shift at a moment's notice. You can't even be sure how investigations and hearings will unfold when you're accused of an offense.
All of this adds a degree of difficulty to sexual misconduct cases. If you've been charged, you need someone on your side who understands the process, someone who can make sense of all the rules and regulations. You need a Lento Law Firm attorney. We know what the law says. In fact, we stay updated on all the most current changes to the law. We also know how Charleston area colleges and universities implement Title IX. We're prepared to use every resource at our disposal to make sure you're treated fairly and receive a just resolution.
Title IX Allegations
Cases begin with an allegation. Allegations can come from anyone—other students, faculty, staff, administrators, and campus security. In fact, at some schools, employees are required by policy to report any knowledge they may have of a potential offense. The University of Charleston, for example, designates all full-time and part-time faculty and staff as “responsible reporters.”
Likewise, anyone can be accused. Anyone. It doesn't matter if you are an athlete, an honor student, or the student body president. Students can be accused, but so can faculty and administrators. The fact is that misunderstandings happen all the time. Occasionally, a student will file a false report. Once a complaint has been made, you cannot know where an investigation will ultimately lead. Even if you are entirely innocent, you cannot know how investigators may interpret a given piece of evidence.
Keep in mind, though, that you have the right to due process in all cases. That is, the university can't simply accuse you and impose a sanction. There is a clearly defined set of steps your school must follow, and those are designed to help you defend yourself.
For example, while anyone may accuse you, all allegations must be filed with the Title IX Coordinator. Only this official can file an official complaint against you, and they can only do that once they've established that the allegations are both credible and actionable. This means that there is a window of opportunity between the time when someone accuses you, and the Coordinator issues a charge when your Lento Law Firm attorney may be able to intervene and get the case dismissed.
In any event, you want to contact your Lento Law Firm attorney as early as possible in the case. They can be at your side during investigative meetings and other proceedings, protecting your interests and ensuring you don't make any early missteps.
Title IX Investigations
One of the fundamental principles of due process is that accused persons are entitled to a presumption of innocence. You are "innocent until proven guilty" or, in this case, "not responsible until proven responsible." Your school has the burden of proving to a “preponderance of the evidence” that you committed an offense. If they cannot substantiate charges, they cannot proceed.
Thus, while no one wants to endure an investigation, the process is actually to your advantage, and, again, you have some important rights to protect you. For example,
- You are entitled to official notice of any charges against you. The Title IX Coordinator must identify your accuser and explain the allegations. In addition, the notice must include a complete list of all your due process rights.
- The investigation must be conducted by a trained, unbiased official. Further, throughout the investigation, this official must take an unbiased approach and draw no conclusions from the evidence they uncover.
- You always have the right to give your side of the story. You are also entitled to offer evidence and suggest witnesses for investigators to interview.
- You have the right to review any and all evidence connected to the case. Your school cannot spring evidence on you at the hearing. In fact, once the investigation is complete, you have the right to go over the entire investigative report and suggest changes before this report is forwarded to the Title IX Coordinator.
- Most schools set a deadline for the completion of investigations. This ensures a school can't simply leave open a case against you. Charleston Southern University, for example, limits all Title IX sexual misconduct investigations to sixty days.
You also have the right to an advisor throughout the process and to select an attorney to fill this role. In other words, a Lento Law Firm attorney can accompany you to any investigative meetings to help you offer your version of events and respond to investigative questions. In addition, they'll ensure investigators respect all of your rights. Finally, they'll stay in contact with investigators and review any evidence with you. They'll also help you go over the final investigative report as you prepare for the next stage of the case: the hearing.
Title IX Hearings
When they've received the investigative report, the Title IX Coordinator sets a time and date for a live hearing. At that hearing, you are allowed to
- Make an opening statement
- Introduce physical evidence
- Call witnesses to testify
- Raise questions through your advisor for any witnesses testifying against you, including the Complainant
- Make a closing statement
Within this framework, schools do have some leeway in terms of how they conduct hearings. For example, many schools appoint a single Hearing Official to preside over proceedings. At the Citadel, on the other hand, cases are decided by a full Board of decision-makers. Title IX guidelines require that advisors conduct all cross-examination, but some schools allow decision-makers to ask additional questions of witnesses.
Ultimately, your case will be decided using a legal standard referred to as “preponderance of the evidence.” Less strict than “beyond a reasonable doubt,” this standard requires decision-makers find you responsible (guilty) if they are more than fifty percent convinced you committed the offense.
Title IX Sanctions
At most schools, decision-makers also determine the appropriate sanction, if any, for the offense. Schools don't prescribe specific penalties for specific offenses. This means they can technically impose any sanction listed in their disciplinary misconduct policies.
However, schools are under enormous pressure to impose harsh penalties on anyone found responsible for a Title IX sexual misconduct offense. If the government suspects a school is going light on an offender, it can threaten that school's funding. As a result, suspension is typically the minimum penalty in these cases. Dismissal is the most likely result. Both of those sanctions include a transcript notation describing the nature of your offense. That can keep you from transferring to other schools, getting into graduate schools, or even beginning your career.
There's simply too much at risk to take on your school alone. You need a Lento Law Firm attorney on your side to help protect your rights and ensure you the best possible outcome.
Title IX Appeals
Among your due process rights, you also have the right to appeal a responsible outcome. Appeals are not merely for disagreeing with that outcome, though. You must have grounds for an appeal, evidence that you were mistreated in some way during the process. Under Title IX, grounds for appeal are limited to
- Any procedural errors that occurred during the case;
- The discovery of new evidence not available at the time of the hearing;
- Bias on the part of a Title IX official;
- A disproportionate sanction.
As with all other aspects of your case, you can count on your Lento Law Firm attorney to walk you through the process if it becomes necessary. They can work with you to find grounds for your appeal and draft a document that makes your case clear and compelling.
The Office of General Counsel
There is yet one more option for dealing with a sexual misconduct case, one that only the Lento Law Firm can help you utilize.
All colleges and universities maintain an Office of General Counsel. These are attorneys kept on retainer to help schools make important legal decisions. Because we work specifically in the field of student misconduct, we've developed our own relationships with a number of these attorneys. We use these relationships to help guide our responses to individual cases. We can also sometimes leverage these relationships to negotiate resolutions outside normal judicial processes.
The Lento Law Firm is on Your Side
Wherever you live in the Tri-County area—Charleston to Goose Creek, Summerville to Mount Pleasant, or anywhere 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.
