If you've been charged with sexual misconduct by your college or university, you can't afford to take the situation lightly. Such offenses aren't just a matter of school policy; they're a matter of federal law. Your school is required by law to investigate all credible complaints, and the government encourages the imposition of harsh sanctions.
Part of taking the situation seriously is making sure you have competent legal representation. These aren't the kinds of cases you can handle on your own. Judicial procedures are set by the federal government. Worse, the law is in a constant state of flux, subject to change depending on who happens to be in the White House at any given moment and what individual judges around the country may decide it means.
The Lento Law Firm is the premier firm in the country when it comes to student representation. Our Student Defense Team was founded specifically to protect student rights. We've helped hundreds of students respond to all types of charges, including Title IX sexual misconduct charges. We know the law, we know how your school operates, and we're prepared to use every resource at our disposal to ensure you get the best possible resolution to your case.
Whether you attend Simpson College, Grand Valley University, the Des Moines University of Medicine and Health Sciences, or Drake University, one sexual misconduct allegation can ruin your academic future. Don't risk it. If you've been accused, or you think you might be accused, 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.
Title IX: The Basics
Title IX was passed in 1972 with the purpose of eliminating sexual discrimination in all educational programs, including colleges and universities. Most schools and their employees quickly fell into line, unwilling to risk the loss of their federal funding. However, in the more than fifty years since the law was originally passed, its interpretation and use have changed in some dramatic ways.
- US courts have ruled that as part of their obligation to eliminate sexual discrimination, schools must prevent students from discriminating against women.
- Additionally, the courts have ruled that sexual harassment and other forms of "misconduct," from stalking to domestic abuse to rape, qualify as forms of discrimination. This effectively placed the burden for policing such offenses in the hands of schools.
- Some presidential administrations have worked to broaden the interpretation of Title IX to include protections for the members of the LGBTQ community. Other administrations have denied such inclusivity.
- In 2020, the Trump administration enacted new rules specifying how investigations and adjudications in such cases should proceed. Additionally, it restricted school jurisdiction in these cases.
In short, the law has been in a state of flux almost from its inception.
There are elements of Title IX that remain consistent, or at least reasonably so. For example, the law protects women from multiple types of sexual discrimination and harassment, including:
- Stalking
- Dating Violence
- Domestic Violence
- Sexual Assault
- Rape
- Sexual Exploitation
- Sexual Harassment, Including Online Sexual Harassment
- Intimidation and Retaliation
For the most part, however, you cannot count on anything when it comes to Title IX, and that makes it difficult to avoid charges and difficult to defend against those charges.
The very definition of “sexual misconduct” can change without warning.
The definition of who is protected by Title IX can change without warning.
The procedures for defending yourself from Title IX allegations can change without warning.
Given these circumstances, you should never undertake a Title IX defense on your own. In fact, even most attorneys aren't qualified to handle these cases. You need someone in your corner who understands the law, keeps a close watch on how the law changes, and has experience representing student clients. You need someone from the Lento Law Firm.
Title IX Allegations
Anyone can find themselves accused of a sexual misconduct offense—students, faculty, staff, administrators, athletes, Greek organization members, and honor students. Misunderstandings happen all the time. False accusations sometimes happen. When relationships are involved, things can get messy, and once someone levels an accusation at you, you can't be sure where an investigation may lead. Colleges and campus communities often jump to conclusions in these kinds of cases.
Note that anyone may lodge a complaint against you. The complaint doesn't have to come from an alleged “victim.” Some schools, such as Simpson College, require all employees to report any knowledge they may have of misconduct. Others designate specific faculty and administrators to receive reports. Ultimately, though, all allegations are turned over to the school's Title IX Coordinator.
Once the Coordinator receives a complaint, they must conduct a preliminary review to determine whether the complaint is credible and actionable. At this point, they either dismiss the complaint entirely or issue formal charges.
The moment you think an accusation might be coming, it's crucial you take action. You cannot simply wait to see what might happen.
- Anyone can accuse you, but only the Title IX Coordinator can issue an official charge against you, and it takes time to issue such charges. During this period, your Lento Law Firm attorney may be able to intervene in the case.
- All schools retain an Office of General Counsel—a lawyer or a firm of lawyers who provide advice in legal matters. Your Lento Law Firm attorney can contact the OGC to ensure you're treated fairly. They can also begin negotiations at this point to protect you from sanctions like suspension and dismissal.
- Under the law, you are entitled to the same treatment as your accuser (the “Complainant”). Your Lento Law Firm attorney can keep a close eye on the process and make sure you are afforded all the same rights as the Complainant.
How you initially respond to an accusation of sexual misconduct can color the entire case. Make sure you have a Lento Law Firm attorney on your side from the very beginning to help you make the right moves.
Title IX Investigations
Just as in a court of law, you are “innocent until proven guilty” any time you face Title IX charges. Your school needs a preponderance of evidence to find you Responsible (guilty), and that means it must undertake a thorough investigation. Investigations are never fun, but ultimately, they're designed to protect you. If your school can't find evidence, it must dismiss the charges.
Note that any time you are under investigation, your school must provide you with written notice of the charges. This notice must explain the allegation and provide a complete list of your due process rights.
The Title IX Coordinator should appoint one or more investigators to pursue the case. These investigators should be trained in Title IX and free of bias.
As part of the investigation, you have the right to give your side of the story. In addition, you may offer evidence and suggest witnesses for investigators to interview. Of course, investigators will also speak with the Complainant and any potential witnesses, and they will collect all physical evidence associated with the case.
Title IX cases can be complex, and investigations sometimes take weeks or even months to complete. Simpson College, for example, sets a 90-day limit on investigations, but other schools, like Grand Valley University and Des Moines University, don't set time limits at all.
When the investigation is complete, investigators must submit an unbiased written report of their findings. Both the Respondent (you, the accused) and the Complainant then have ten days to review this report and suggest any changes.
You are entitled to an advisor throughout the investigation and the hearing, and this advisor can be an attorney. This means your Lento Law Firm attorney can accompany you to investigative meetings and make sure you're treated fairly. They'll keep in touch with investigators to ensure you're up-to-date on any evidence that's uncovered. They'll also go over the investigative report and make sure it's a fair, balanced, and accurate summary of the facts.
Title IX Hearings
Some schools in the Des Moines area offer informal resolution options for students involved in sexual misconduct cases. Under the law, though, you always have the right to request a full and formal hearing.
This hearing is your best opportunity to defend yourself. You're allowed to
- Make an opening statement.
- Introduce physical evidence
- Call witnesses to testify
- Raise questions for any witnesses testifying against you
- Make a closing statement
Within this general framework, schools do have some latitude in how they conduct their Title IX hearings. At Des Moines University, for instance, single Hearing Officers preside over Title IX cases. Simpson College, in contrast, assigns an entire Board to oversee proceedings. In any case, hearing officials should be trained and unbiased, and you have the right to challenge anyone deciding your case.
Decision-makers employ a legal standard known as "preponderance of the evidence" to determine whether or not you are responsible for (guilty of) the offense. According to this standard, you are guilty if it seems "more likely than not" that you committed some form of sexual misconduct.
Title IX Sanctions
Sexual misconduct is among the most serious offenses with which any student can be charged. Sanctions reflect this seriousness. The minimum penalty is usually suspension. The most likely penalty is dismissal. Both sanctions include a transcript notation describing your offense. That can make it difficult, if not impossible, to transfer to another school. In fact, even if you manage to return to your school and complete your degree, it can do serious damage to your long-term career prospects.
You cannot afford to risk an outcome this serious. You need a Lento Law Firm attorney on your side. We work exclusively in the area of student defense, and we understand just what's at stake.
Title IX Appeals
Finally, under Title IX guidelines, you also have the right to appeal your case should you lose. Keep in mind, however, that appeals aren't based on whether or not you agree with the hearing outcome. You must be able to show you were treated unfairly in some way by the process. Grounds typically include
- A procedural error committed by the school;
- The discovery of new evidence not available at the time of the hearing;
- Bias on the part of an investigator or decision-maker;
- A sanction disproportionate to the nature of the offense.
Here again, you can count on your Lento Law Firm attorney to guide you through the appeals process if necessary. We're experienced in developing grounds for appeal, and we can help you draft a document that is both clear and compelling.
The Office of General Counsel
As we mentioned before, all schools maintain an Office of General Counsel. Lento Law Firm attorneys maintain strong relationships with a number of OGCs across the country. Often, we can leverage these relationships to help your case, even if decision-makers decide you are guilty of sexual misconduct.
In some instances, we may be able to negotiate a lesser sanction or come up with a solution that protects your permanent record. Here again, this is a service unique to the Lento Law Firm. Because we're focused on student defense, we've cultivated relationships in academia that other lawyers haven't.
The Lento Law Firm is on Your Side
Whether you're in Des Moines, West Des Moines, Ames, Boone, or Waukee, 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.
