If you're a college student who has been accused of sexual misconduct, it's a big deal. How big? Big enough that you aren't just allowed to hire an attorney to represent you; you're encouraged to do so.
Your school's policy isn't just something some administrators came up with. It's mandated by federal law under Title IX. That law essentially requires colleges and universities to investigate all credible complaints, and it encourages the use of harsh sanctions. Procedures for investigations and hearings are complex and difficult to navigate. In fact, most attorneys don't have the background and experience to take on these cases.
The attorneys at the Lento Law Firm do. Our Student Defense Team was founded to protect student rights. We understand the stakes, and we understand the judicial procedures. We've studied the law; we know how your school operates. We are the premier law firm in the country when it comes to student defense, and no matter what your particular situation, you can count on us to use every resource at our disposal to get you the best possible resolution to your case.
We also work at schools across the Colorado Springs Metro area, from the University of Colorado-Colorado Springs to Colorado College. We've helped hundreds of students defend themselves, and we can help you to do the same. To find out how we can help with your particular situation, call us today at 888-535-3686, or take time right now to fill out one of our online forms.
Understanding Title IX
It's hard to believe these days, but there was a time, just fifty years ago, when colleges and universities were allowed to reject applicants simply because they were female. Women on college campuses were often treated as second-class citizens, with strict curfews and dress codes. Schools sometimes limited them in terms of majors, and professors often maintained separate sets of academic standards for men and women. Title IX ended all that, and rightly so.
If the mission of Title IX was clear in 1972 when the law was passed, it has become much less so since then.
- In the beginning, the law was meant to force colleges and universities to treat women equally. Schools fell quickly into line. Today, Title IX's primary function is to hold schools accountable for their students' behaviors.
- In addition, the law now covers far more than simple discrimination. The US courts have interpreted "discrimination" to mean any sexually-motivated behavior that could interfere with a person's right to an equal education. That includes
- Simple Verbal Harassment
- Stalking
- Dating Violence
- Domestic Violence
- Sexual Assault
- Rape
- Sexual Exploitation
- Sexual Harassment, Including Online Sexual Harassment
- Intimidation and Retaliation
- Every US President for the last two decades has used Title IX as a means to define its political and ideological stance toward women, equality, and the rule of law. The Obama administration, for instance, declared Title IX protects members of the LGBTQ community from discrimination. The Trump administration rescinded this interpretation and went further, limiting schools' jurisdictional authority to on-campus incidents only.
With so much in flux, it can sometimes be difficult to avoid a sexual misconduct charge. It can be even more difficult to defend against one. Even the definition of “misconduct” continues to change, and rules and procedures in these cases are subject to frequent revision.
Luckily, current guidelines guarantee you the right to an advisor and to choose an attorney to serve in this role. The Lento Law Firm attorneys are well-versed in Title IX, its history, and its susceptibility to political maneuvering. We can help you make sense of its many rules and regulations, explain what rights it provides you, and even show you how to use the law to your benefit.
Title IX Allegations
Let's start by talking about allegations. You might think you're immune to a charge of sexual misconduct. You aren't. Anyone can be accused—athletes, honor students, student body presidents, professors, graduate students. Any time relationships are involved, things can get complicated. Unfortunately, there is also a certain percentage of students out there who are willing to make false accusations if it suits their purposes.
Note, too, that you can wind up charged over a third-party allegation. Title IX allows anyone at your school to accuse you on another person's behalf. In fact, some schools require all their employees to report any knowledge they might have of sexual misconduct. That can sometimes lead to hasty allegations.
However, only your school's Title IX Coordinator can actually sign an official complaint against you. They can do this without a complainant's cooperation, but they must believe allegations are both credible and actionable. For example, Title IX no longer covers off-campus incidents.
If you've been charged, your first call should be to the Lento Law Firm. If you suspect someone has accused you, though, don't wait until you get actual notification that you've been charged. The Lento Law Firm attorney may be able to prevent a charge in the first place. Sometimes, all it takes is reminding a Title IX Coordinator what's required to justify an investigation. In addition, your attorney can start protecting your rights immediately, and they can help you avoid any missteps in the early part of the case.
Title IX Investigations
In addition to your right to an advisor, Title IX grants you several additional due process rights. You're entitled to a presumption of innocence, for instance. Your school must treat you as “not responsible” until such time as a “preponderance of evidence” proves you “responsible.” Here's what that means in practical terms.
- Title IX makes clear that schools must treat complainants and respondents equally. If your school offers the complainant counseling and access to medical care, it must offer you the same. If it lets the complainant adjust their schedule, it must let you adjust your schedule.
- You have a right to official notice of any charges against you. Notice should include the name of your accuser and a description of the accusation—crucial information in building your defense. In addition, it should apprise you of all your due process rights.
- The Coordinator appoints an investigator. This individual must be trained in Title IX procedure and free of any bias against you.
- You must be allowed to give investigators your side of the story. You may also turn over evidence and suggest witnesses for them to interview.
- You are entitled to view any evidence investigators uncover. In fact, at the end of the investigation, investigators submit a full written report of their findings. You have ten days to review this document and to suggest changes to any part of it with which you disagree.
- Time Limit: Most schools limit the time frame of Title IX investigations. Colorado Tech, for example, sets a limit of sixty to ninety days. This prevents schools from conducting open-ended investigations.
You are allowed to bring your advisor with you to all meetings and other proceedings, and the Lento Law Firm attorney can make sure you're treated fairly and help you answer any difficult questions. Behind the scenes, they'll stay in constant contact with investigators and keep you apprised of any developments. You can also be sure they'll go over the investigative report with a fine-tooth comb, making sure that it puts you in the very best possible light.
Title IX Hearings
The next phase of the case is a hearing. Once the Title IX Coordinator receives the investigative report, they'll set a time and date for proceedings and appoint one or more decision-makers to oversee them (Colorado College uses one Hearing Officer to decide Title IX cases; The University of Colorado-Colorado Springs employs a panel of decision-makers).
As part of the hearing itself, you are allowed 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 both sides have made their cases, decision-makers then determine your level of responsibility (guilt) based on the legal standard, “preponderance of the evidence.” In simple terms, you are responsible if it seems “more likely than not” that you committed an offense.
To be clear, the Lento Law Firm attorney cannot "represent" you the way they would during a criminal trial. You must make your own opening and closing statements, for instance. They will be on hand, though, to provide you with advice. They'll conduct all witness examinations. And prior to the hearing, they'll make sure you're fully prepared for everything you have to face.
Title IX Sanctions
Given that Title IX is a federal law, it won't surprise you to learn that the government takes a direct interest in the outcomes of sexual misconduct cases. Schools that fail to follow procedure can be denied their federal funding. In addition, these investigations and hearings often play out in the media. No school wants to be labeled as "soft" on sexual misconduct. As a result, sanctions tend to be severe, often far worse than offenses actually deserve.
In fact, the minimum penalty is usually suspension. Outright dismissal is more common. Both of these sanctions come with a transcript notation about the nature of your offense. It's no exaggeration to say that a permanent mark like that on your academic record can have a long-term effect on your career. It can keep you from enrolling in other schools, limit your access to scholarships, and even undermine your chances at a good first job out of college.
With so much at stake, you need someone on your side with experience representing students and defending them specifically from Title IX charges. You need someone from the Lento Law Firm attorney.
Title IX Appeals
A Title IX defense is a difficult process, and even entirely innocent students do sometimes lose their hearings. The law gives you an additional right, though—the right to appeal the hearing outcome. Keep in mind, though, that this right isn't unlimited. You must have very specific grounds for such an appeal. Generally speaking, there are four possibilities:
- You have discovered some new evidence since the end of the hearing that could potentially alter the outcome.
- Some procedural error occurred during the investigation or hearing that cost you the opportunity for a fair outcome.
- One or more Title IX officials have some type of bias against you.
- Your sanction is disproportionate to the offense.
As with all the other elements of your case, you can count on the Lento Law Firm attorney to help you put together an appeal if necessary. We know how to find grounds for an appeal, and we know what sort of evidence carries the most weight with appeals officers.
The Office of General Counsel
When we say we'll use every resource at our disposal, we mean it. We'll keep fighting until the last option has been exhausted. Even if you've been denied an appeal, for instance, we may still be able to negotiate a fair resolution.
Every school maintains an Office of General Council—attorneys who provide it with legal advice. Often, these lawyers are involved in designing a school's judicial processes, and they may even be directly involved in your case. The attorneys at the Lento Law Firm have established relationships with OGC around the country. We count on these relationships to keep us up to date on the most recent changes to campus justice. We can also sometimes leverage them to help our clients get justice.
This is a unique service we can offer because we're focused on student defense.
The Lento Law Firm is on Your Side
Wherever you live in the Colorado Springs Metro area—Colorado Springs, Cimarron Hills, Fort Carson, Gleneagle, and all 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.
