Any time you're facing sexual misconduct charges from your college or university, it's a big deal. These offenses are not merely school policy violations. Your school is required by federal law to protect women from sexual discrimination and harassment, or it risks federal funding. Title IX requires schools to investigate all credible complaints, and it encourages schools to institute harsh penalties.
The bottom line is that you never want to try to handle an allegation like this on your own. You need professional legal help, someone who understands campus justice and who will stand up for your rights in every situation.
The Lento Law Firm is the premier firm in the country when it comes to student representation. We've helped hundreds of students across the country respond to all types of misconduct offenses, including Title IX sexual misconduct charges. We know what the law has to say about sexual misconduct, and we know how your particular school's judicial processes and procedures operate. You can count on us to use every resource at our disposal to make sure you get the best possible resolution to your case.
Do you attend UTEP? Are you enrolled at Tech Tech at El Paso? Maybe you're a student at Park University or Western Technical College. Wherever you're a student, 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.
Title IX: The Basics
The US Congress passed Title IX in 1972, more than fifty years ago, with the intention of putting an end to sexual discrimination at colleges and universities. For the first time, schools were prohibited by law from treating women unfairly in admissions processes, in terms of financial aid, in the classroom. The law worked remarkably well. Virtually all schools and their employees fell instantly into line.
That wasn't the end of Title IX, though. Over the years, the courts broadened many of the definitions contained within the law so that they began to take on whole new dimensions.
- First, the courts decided that colleges and universities didn't just have an obligation to treat women fairly themselves. They also had an obligation to protect women from unfair treatment by others, including other students.
- Next, the courts interpreted “discrimination” and “harassment” to mean any type of sexual misconduct, from stalking to dating violence, sexual assault to rape.
- In addition, Title IX has become a political football, used by every presidential administration to make statements about how women—and other threatened groups—should be treated. The Obama administration, for instance, extended Title IX protections to members of the LGBTQ community. The Trump administration rescinded those protections and, most recently, passed a set of guidelines designed to protect the rights of accused students.
Here's what has remained consistent about Title IX over the years. The law protects women from a wide range of sexual discrimination and harassment in all US educational programs, including colleges and universities. Specifically, Title IX covers
- Stalking
- Dating Violence
- Domestic Violence
- Sexual Assault
- Rape
- Sexual Exploitation
- Sexual Harassment, Including Online Sexual Harassment
- Intimidation and Retaliation
Beyond this, nothing about this law is settled. Rules and regulations are subject to change without warning. The very definition of “sexual harassment” is unstable. Who Title IX protects is constantly shifting. How schools conduct investigations and hearings remains in flux.
Beyond the seriousness of sexual misconduct charges, these cases are fraught with hidden dangers. You can't be certain what might happen to you once you're accused. If you're going to defend yourself properly, you need someone on your side who not only understands the law but also keeps a close watch on how the law continues to evolve. You need someone familiar with how El Paso schools generally interpret the law. You need someone from the Lento Law Firm to represent your interests and protect your rights.
Title IX Allegations
No one is immune from a Title IX allegation. Misunderstandings happen all the time. You could be the victim of a false allegation. It doesn't matter whether you're a student, a member of the faculty, or an administrator. Athletes can be accused. So can members of Greek organizations, student body presidents, and honor students. You may be entirely innocent, but once an investigation starts, you cannot predict where it may end.
Anyone may lodge a complaint of sexual misconduct against you, not just alleged victims. In fact, some schools, such as Texas Tech El Paso, require all employees to report any knowledge they may have of such offenses. In any case, reports are ultimately turned over to the school's Title IX Coordinator. Only this official has the authority to sign a formal complaint against you. This is one reason it's so important to contact the Lento Law Firm quickly, even before you've been charged with an offense. There is sometimes an opportunity during the Coordinator's preliminary investigation to intervene and prevent a charge in the first place.
Note, too, that all schools maintain an Office of General Counsel—an attorney or an entire firm of attorneys who offer them legal advice. The moment you contact a Lento Law Firm attorney, we'll reach out to your school's OGC and make sure they're aware of your case and paying particular attention to how you're treated.
You should know that under current Title IX guidelines, you are entitled to the same treatment as your accuser (the "Complainant"). If your college offers the Complainant counseling, they must offer counseling to you as well. If the Complainant is allowed to take time off from classes, you are entitled to take time off from classes. Your Lento Law Firm attorney can keep a close watch on everything that happens and make sure you're treated fairly.
Finally, your behavior, right from the beginning of the case, can impact how investigators and decision-makers view you. It's crucial you have a Lento Law Firm attorney representing you, helping you build your defense and avoid any potential missteps.
Title IX Investigations
No matter what specific charges you're facing, you always have the right to due process—a fair chance to defend yourself and protections to ensure that justice is done in your case. That starts with a presumption of innocence ("not responsible").
Your school has the burden of presenting a “preponderance of evidence” demonstrating your responsibility. Otherwise, you're simply not responsible for the offense. Period. This means you should expect a thorough investigation. An investigation is never a pleasant prospect, but remember that it's actually to your advantage. If your college cannot find any evidence to substantiate its charges, it cannot proceed.
In addition, you have some important rights even at this stage in the process.
- The Title IX Coordinator cannot investigate you in secret. You are entitled to formal notice of any charges against you. This notice should include the name of your accuser, an explanation of the complaint, and a list of all your due process rights.
- The Title IX Coordinator should appoint an investigator who is entirely free of bias in the case. This investigator is not allowed to develop an opinion as to your guilt or innocence. They are responsible only for gathering the facts.
- You have the right to give your side of the story, to offer evidence, and to suggest witnesses.
- You are further entitled to review any evidence investigators uncover.
- Many schools set a deadline for concluding investigations. Park University, for instance, requires all Title IX investigations conclude within ninety days.
Once an investigation is complete, investigators submit a written report to the Title IX Coordinator. This report must be unbiased, and both sides have ten days to review it and recommend any changes.
Your Lento Law Firm attorney can accompany you to any investigative meetings to help you make statements and respond to questions and to ensure investigators respect your rights. In addition, they'll remain in touch with investigators throughout the process to make sure you're apprised of any and all evidence uncovered in the case. Finally, they'll go over the final investigative report and help you make sense of it. If you have any objections to this report, they'll raise these on your behalf with investigators.
Title IX Hearings
Once the Title IX Coordinator receives the investigative report, they'll set a time and date for a hearing. This hearing must be conducted live, though both sides have the right to request it be conducted via closed-circuit video.
Under current Title IX guidelines, 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
- Make a closing statement
Within this general framework, schools do have some latitude in how they conduct hearings. At some colleges, for instance, cases are heard by a panel of decision-makers. At UTEP, on the other hand, a single Hearing Officer is responsible for all aspects of the case.
All cases at all colleges and universities are decided using a legal standard known as “preponderance of the evidence.” According to this standard, responsibility is based on whether it seems “more likely than not” that you committed the offense.
Title IX Sanctions
At most schools, the appointed decision-maker not only determines responsibility but also imposes any necessary sanctions.
Technically, they can apply any sanction outlined in the school's disciplinary misconduct policy. However, sexual misconduct is considered a particularly egregious offense. As a result, sanctions tend to be severe. The minimum sanction if you are found responsible is usually suspension. Dismissal is a real possibility. Keep in mind that either of these sanctions includes a transcript notation about the nature of your offense. That can keep you from transferring to another school. In fact, even if you manage to complete your degree at your institution, this notation can keep you out of graduate school and even interfere with job prospects.
It is no exaggeration to say that everything is at risk in a sexual misconduct case. A responsible verdict could end your academic career. It could affect your professional career. You cannot afford to try to handle this situation on your own. Only a Lento Law Firm attorney has the knowledge and experience to ensure you have every opportunity for success.
Title IX Appeals
Should you lose your hearing, you still have the right under Title IX guidelines to file an appeal. An appeal is not a chance to reargue your case, though. You must have very specific grounds for asking the university to reconsider your case. These include
- Procedural errors that may have occurred during the investigation or hearing;
- New evidence that wasn't available at the time of the original hearing;
- Bias or prejudice on the part of a Title IX official;
- A sanction that seems more severe than the offense deserves.
If an appeal becomes necessary in your case, your Lento Law Firm attorney will work with you to establish grounds. In addition, they'll draft the appeal itself, making sure you present your strongest possible case and the most compelling evidence.
The Office of General Counsel
We mentioned before that we have relationships with many OGC across the country. These relationships inform our approach to every case. They provide us with unique insight into the challenges you may face during investigations and hearings.
In addition, we can sometimes make use of these relationships to negotiate a fair settlement outside the parameters of a school's judicial procedures. We may be able, for instance, to raise questions about a given sanction. We have, on occasion, been able to remove transcript notations, allowing our clients to transfer to other schools and finish their degrees. Only the Lento Law Firm provides this service. This is yet another reason why it is so important to contact us the moment you find yourself accused of sexual misconduct.
The Lento Law Firm is on Your Side
Wherever you live in the El Paso area—Anthony, Vinton, Clint, Dell City, or some other town—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.
