Sexual misconduct is among the most serious charges any college student can face. Beyond the stigma attached to such allegations, violations are regulated by federal law. That means the process can be complicated and difficult to navigate, and sanctions can be especially harsh.
You should know that Title IX also provides you with some important due process rights. Among these, you are entitled to an advisor—someone to help you prepare your case and to accompany you to investigative meetings and hearings. Further, you are allowed to select an attorney to serve in this role. The trick is making the most of this right. A local or family attorney can represent you, but they won't have experience with Title IX defenses. They may not entirely understand what's at stake, and they likely won't be familiar with campus judicial procedures.
The Lento Law Firm is different. Our Student Defense Team was founded to protect student rights. Our entire focus is on helping students defend themselves from misconduct charges, and we've worked with hundreds of students on sexual misconduct cases. We know the law, and we know how colleges and universities operate. No one gives you a better chance of winning your case.
Wherever you attend school in the Greater Akron area—Case Western, Kent State, the University of Akron—the Lento Law Firm is on your side and ready to help. It's important you act 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.
A History of Title IX
The US Congress originally passed Title IX in 1972 with the intention of eliminating sexual discrimination on college and university campuses. Schools were prohibited from treating female students unfairly in admissions processes, in access to services, and in the classroom. The aim was noble, and it was clear.
Most schools fell into line pretty rapidly. The penalty for sexual discrimination was the loss of federal funding, and very few educational institutions were willing to risk that outcome.
In the more than fifty years since Title IX was passed, it has been reinterpreted repeatedly, making its purpose far less apparent.
- Perhaps the most important shift in the law is that it doesn't just prohibit colleges and universities from discriminating against women anymore. The US courts have found that schools also have an obligation to protect women from discrimination by other students. This is a far more complicated requirement, demanding schools take on enforcement and judiciary roles.
- Additionally, the courts have expanded the definition of "discrimination" to include "harassment," and that term has been interpreted to include all types of sexual misconduct, from stalking to sexual assault and indecent exposure to domestic violence. This has placed schools in the position of making decisions about incredibly weighty matters.
- Finally, Title IX has become, in the last few decades, a political football used by presidential administrations to make political and ideological statements about gender equality, sexual identity, and criminal justice. The Obama administration, for example, expanded the application of Title IX to include protections for the LGBTQ community. The Trump administration rescinded these protections and further restricted enforcement of the law to campus incidents.
For now, some aspects of the law seem reasonably settled. For example, it is generally accepted that it applies to all forms of sexual misconduct, including:
- Stalking
- Dating Violence
- Domestic Violence
- Sexual Assault
- Rape
- Sexual Exploitation
- Sexual Harassment, Including Online Sexual Harassment
- Intimidation and Retaliation
On the other hand, many aspects of Title IX remain in flux. There is no clear consensus, for example, on who is protected by Title IX. The definition of “harassment” continues to change. And, perhaps most importantly, the guidelines for how schools should conduct investigations and hearings remains a matter of some debate.
The bottom line is that defending yourself from a charge of sexual misconduct can be a nightmare no matter which school in the Akron area you attend. The success or failure of your defense can depend on the quality of your legal representation. Only the Lento Law Firm knows your rights under the law. Only we have experience representing student clients. We don't just know the law; we follow the politics associated with it. We can actually show you how to use Title IX to your advantage.
Title IX Allegations
Let's talk about what happens when you're accused of a Title IX offense. Again, the government now prescribes certain guidelines for how schools should respond to allegations. What can you expect from the process?
First of all, you should know that anyone can make a complaint about you. In fact, many cases begin when someone other than the alleged victim makes an allegation. Some schools—Case Western Reserve, for example—designate certain faculty to handle complaints. At other schools, all employees are required to report any knowledge they may have of misconduct.
In any event, all allegations are ultimately reported to your school's designated Title IX Coordinator. This official is responsible for conducting a preliminary review of the allegations to determine whether or not they are credible and actionable. Only an alleged victim or the Title IX Coordinator can sign a formal complaint against you.
From the very beginning, you have some important due process rights. Your school cannot simply accuse you and impose a sanction. There are clear steps a college or university must take, and many of these are specifically designed to protect you.
- Because the Coordinator must verify an allegation's credibility, most false accusations wind up dismissed before an investigation. In addition, verification takes time, which means your Lento Law Firm attorney may have a chance to intervene early in the case on your behalf.
- Your right to an attorney further means that your Lento Law Firm attorney can be at your side from the moment you are charged, offering advice and helping you avoid any potential missteps.
Again, having rights is not the same thing as knowing how to use them effectively. It's crucial you have a Lento Law Firm attorney in your corner to help you navigate the Title IX process.
Title IX Investigations
If you've been charged with sexual misconduct, the Title IX Coordinator will initiate an investigation. An investigation is never a pleasant experience, but it helps if you understand that, here again, you have some important rights.
You are “innocent until proven guilty.” That is a big advantage in any judicial proceedings. Your school bears the burden of proving you committed an offense, and if it cannot meet that burden, it cannot proceed against you.
In addition,
- You have a right to official notification of any charges. The university cannot investigate you in secret. This notification must identify your accuser, explain the allegations, and apprise you of all your due process rights.
- The Title IX Coordinator must appoint a trained, unbiased investigator to pursue the case. Under current Title IX guidelines, investigators are barred from forming any opinion about your guilt or innocence. Their sole responsibility is to collect evidence.
- 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.
- As the investigation unfolds, you have a right to review all evidence investigators uncover. In fact, once investigators complete their report, you have the right to review this report and suggest changes to it.
- Your school cannot investigate you indefinitely. Most schools set a firm deadline for Title IX investigations. At the University of Akron, for example, investigators must complete their work in 75 days.
- Finally, Title IX affords you exactly the same rights as the Complainant (your accuser). If they receive counseling, you have the right to counseling as well. If they are allowed to miss class, you must be allowed to miss class.
We've talked already about your right to an attorney. Your Lento Law Firm attorney can play a crucial role during the investigation. Of course, it's their job to prepare you for investigative meetings, and they'll be at your side during all interviews. In addition, though, they'll conduct their own investigation. They'll make sure you're treated fairly at every step in the process. They'll stay in contact with investigators and help you to review any evidence that should arise.
Title IX Hearings
Once both sides have reviewed the investigative report, this report is forwarded to the Title IX Coordinator. The Coordinator then sets a time and date for a hearing. This hearing must be live, but either side can request that it take place via closed-circuit video.
At the hearing, both sides are allowed to
- Make an opening statement;
- Introduce physical evidence;
- Call witnesses to testify;
- Raise questions through your advisors for any witnesses testifying against you;
- Make a closing statement.
Schools do have some leeway in how hearings are conducted, and a number of institutions have found holes in current guidelines that allow them to change the process. For example, Title IX does not specify how many decision-makers are required to hear a case. Some small schools assign a single Hearing Official to preside over hearings. Other schools, like Kent State, use Hearing Panels. Title IX clearly states that only advisors may conduct cross-examination. However, it does not restrict presiding officers from asking questions of witnesses as well.
One thing is certain: your case will be decided based on the “preponderance of the evidence” legal standard. Many defense attorneys refer to this as the “fifty percent plus a feather” standard. In simple terms, you are responsible (guilty) if it seems “more likely than not” that you committed the offense.
Title IX Sanctions
At most schools, decision-makers also determine the appropriate sanctions if necessary.
Technically, they can impose any sanction so long as it is listed in the school's Code of Conduct. In practice, however, most students found responsible for sexual misconduct offenses are assigned either suspension or dismissal. Beyond the pressure schools face from the federal government, no school wants to be seen as soft on sexual misconduct.
This is yet another reason why it's so important you have a Lento Law Firm attorney on your side. If you're found guilty of a sexual misconduct offense, your academic career could very well be over. You may have trouble beginning your professional career. The stakes are too high to trust your case to anyone else.
Title IX Appeals
Your last due process right is the right to appeal the hearing outcome. You must have grounds to do so, however, and grounds are strictly limited to
- Procedural errors that may have occurred during the case;
- New evidence was not available at the time of the hearing;
- A claim of bias against a Title IX official;
- A disproportionate sanction.
Note, too, that complainants are also allowed to appeal a hearing outcome. Even if you should be found not responsible, you may still need to defend yourself from such appeals.
Whatever your situation, you can be certain your Lento Law Firm attorney will continue to fight for you until your case is resolved.
The Office of General Counsel
Finally, there are sometimes options outside of the judicial process that your Lento Law Firm attorney can use to protect you.
Your school maintains an Office of General Counsel. Basically, these are attorneys who offer legal advice to colleges and universities. Often, they sit in on Title IX cases to ensure a school is following correct procedure. One of the reasons Lento Law Firm attorneys are so effective in misconduct cases is that we have relationships with many OGC around the country. These provide us with unique insight into how campus justice works.
We can also sometimes make use of these relationships to negotiate settlements outside the ordinary judicial process. We know how to apply pressure on educational institutions in ways other attorneys just can't.
The Lento Law Firm is on Your Side
Wherever you live in the Greater Akron area—Cuyahoga Falls to
Barberton, or any town 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.
