We imagine standing in front of jury boxes in hushed courtrooms, arguing legal points with prosecutors and raising objections with judges in black robes. We don't often associate them with the sorts of disciplinary infractions students deal with on college campuses.
There are charges you can face as a student, though, serious enough to demand legal representation. Sexual misconduct isn't just a matter of school policy. It's governed by federal law. Not only does Title IX require colleges and universities to police their students, but it also sets the guidelines for how investigations must unfold. There is too much at stake, and procedures are too complex to ever take on an allegation by yourself.
In fact, few attorneys have the background and experience to deal with a Title IX case. The Lento Law Firm is unique. Our Student Defense Team was founded to protect student rights. We're specifically focused on student defense. We know Title IX, and we're familiar with how your school's judicial process works. Whatever your situation, you can count on us to get you the best possible resolution to your case.
We work at schools across the Columbia, SC metro area, from the University of South Carolina to Benedict College. We've helped hundreds of students defend themselves, and we can help you 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.
A Brief History of Title IX
The US Congress passed Title IX in 1972 with the aim of restricting sexual discrimination on college campuses. At the time, many schools limited female admissions. Women were subject to strenuous dress codes and limited in terms of when they could be out of their dorms. Professors sometimes held them to different standards in the classroom. Title IX rightly changed all of that.
Since then, the law has undergone some significant changes, though, and these have complicated its original mission.
- US courts determined that Title IX didn't just require schools to refrain from discrimination themselves; it also mandated that they prevent all types of campus discrimination, including student discrimination against other students.
- The courts also expanded the definition of “discrimination” to include “harassment,” and this term was broadened to include all forms of sexual misconduct:
- Simple Verbal Harassment
- Stalking
- Dating Violence
- Domestic Violence
- Sexual Assault
- Rape
- Sexual Exploitation
- Sexual Harassment, Including Online Sexual Harassment
- Intimidation and Retaliation
- The executive branch has changed how the law is implemented and enforced. Liberal-leaning presidential administrations have tried to expand coverage of the law to include protections for sexual orientation. Conservative administrations have worked to limit the law's authority.
As things currently stand, nothing about Title IX is certain. There is no consensus on what counts as an offense. There is no clear sense of just whom the law protects. There remains confusion about how to investigate and adjudicate allegations. This makes it hard to avoid a charge and hard to fight a charge.
The good news is that you do have some important due process rights. That is, your school can't simply accuse you and impose a sanction. Among the most important of your rights is the right to an advisor. In fact, this advisor can be—and should be—an attorney. The Lento Law Firm attorneys can help you make sense of Title IX. We know current processes and procedures, and we keep track of any changes to the law. As a result, we can prepare you for everything you'll face. We can even show you how to use Title IX to your benefit.
Title IX Allegations
Title IX cases begin with allegations.
Anyone can be accused of sexual misconduct. We have a hard enough time communicating in our day-to-day lives. When sex is thrown into the mix, we become virtually incoherent. Misunderstandings happen all the time, and it only takes one to find yourself facing charges.
Anyone can level an accusation at you. In fact, allegations can come from almost anywhere. Keep in mind, for example, that all colleges and universities allow for third-party accusations. Some schools, such as Newberry College, even require employees to report knowledge of sexual misconduct. When faculty and staff fear for their jobs, they're more likely to make accusations even in cases where alleged victims simply aren't credible.
However, only your school's Title IX Coordinator can sign an official complaint against you. This official can sign a complaint even if the alleged victim refuses to cooperate, but they cannot sign unless they are convinced the allegations are both credible and actionable.
You have the right to an attorney. Take advantage of it the moment you're charged—before you're charged, if you can. In some instances, the Lento Law Firm attorney may be able to intervene and convince the Coordinator to dismiss charges. Even if they can't do this, though, it's important you have a professional representing you from the beginning of your case. This will ensure your school respects your rights, and it will help prevent you from making any early mistakes defending yourself.
Title IX Investigations
Your school must treat you as innocent until proven guilty (“not responsible” until proven “responsible”). Responsibility must be based on a preponderance of evidence, meaning your school needs to conduct an investigation to substantiate any charges. While an investigation is never a pleasant experience, Title IX contains a number of safeguards to ensure you're treated fairly throughout the process.
- Under the law, schools must treat you equally to the complainant (the alleged victim). If your school offers the complainant counseling, it must offer you counseling. If the complainant is allowed to take time off from classes, you must be allowed to do so as well.
- Your school cannot investigate you in secret. If you've been charged, you'll receive official notice of those charges. This notice must identify your accuser and explain the accusations. In addition, it should include a complete list of your due process rights.
- You are entitled to investigators who are free of bias, and they are expected to remain objective throughout the case. You have the right to challenge any investigator you think may be prejudiced against you.
- Investigators must give you a chance to give your side of the incident. You can submit evidence, and you can suggest witnesses who might have a bearing on the case.
- You are entitled to review all the evidence investigators uncover. At the end of the investigations, they'll compile their findings into a written document. Both sides have ten days to review this document and suggest any necessary changes.
- Time Limit: Most schools set a clear deadline for completing investigations. USC, for instance, limits investigations to ninety days. This ensures a school can't keep an investigation open indefinitely. Title IX itself notes that investigations should take place in a timely manner.
Here again, you can count on the Lento Law Firm attorney to help you with all aspects of the investigation. At a minimum, they'll accompany you to meetings and ensure your school respects your rights. They'll prepare you to answer questions and offer advice any time you feel stuck. In addition, they'll stay in constant contact with investigators and make sure you're apprised of any and all evidence in the case.
Title IX Hearings
When the investigation is complete, the Title IX Coordinator sets a time and date for a hearing into the matter. Hearings must be held live, though both sides can request that they take place via closed-circuit footage.
Hearings sometimes take place before a single official. South Carolina State University, for instance, appoints a Hearing Officer to oversee all aspects of the case. Others assign cases to a panel of decision-makers.
As a part of the process, you may offer any argument you can support with evidence. In addition, 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.
All Title IX cases are decided using the “preponderance of the evidence” legal standard. According to this standard, you are “responsible for” (guilty of) an offense if decision-makers are more than fifty percent convinced you committed a violation. Note this is significantly different from the “beyond a reasonable doubt” standard employed in most criminal cases.
Title IX hearings differ from such cases in another important way as well. The Lento Law Firm attorney can be beside you during these hearings, and they can even conduct witness examinations on your behalf. They cannot "represent" you, though. You must speak for yourself.
Title IX Sanctions
What is the minimum sanction in Title IX sexual misconduct cases? Suspension. Dismissal is usually the most likely outcome. Colleges and universities are under enormous pressure from the government and the general public to stamp out sexually-based offenses and to appear "tough" on these types of misconduct.
This is another important reason why you need the Lento Law Firm attorney on your side. Literally, your entire future is at stake. You can't possibly navigate Title IX procedures effectively. Even most attorneys find the process daunting. Only the Lento Law Firm understands the stakes. Only the Lento Law Firm attorneys have the skills necessary to protect your rights.
Title IX Appeals
The Lento Law Firm attorney can also help you file an appeal if that should become necessary. We understand the rules and regulations regarding appeals, and we can help you shift your thinking so you create a document that is both clear and compelling.
Keep in mind, for instance, that "grounds" for appeal are severely limited under Title IX.
- You can file an appeal if you can show that some procedural error occurred significant enough to have altered the hearing outcome.
- You can file an appeal if you can show bias on the part of one or more case officials.
- You can file an appeal if you discover new evidence that could have some bearing on the outcome.
- You can file an appeal if you believe your sanction is disproportionate to your offense.
The Lento Law Firm attorney can help you evaluate whether or not an appeal is in your best interests. They're highly skilled at establishing grounds, and they've worked with enough Appeals Officials to know what counts as the best evidence.
The Office of General Counsel
In addition, the Lento Law Firm can try negotiating directly with your school's Office of General Counsel. These are attorneys schools keep on retainer to answer any legal questions they might have. Because we work in the field of student defense, we've developed a number of strong relationships with OGCs all over the country. These help us to know what to expect any time we're dealing with campus justice.
In addition, we can sometimes utilize these relationships to ensure you get a fair and just resolution to your case. We may be able to convince your school that you deserve a lighter sanction, for example, or to remove an offense from your permanent record.
The Lento Law Firm is on Your Side
Wherever you live in the Columbia, SC Metro area—Columbia, Pontiac, High Point, Lexington, 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.
