Sexual misconduct is among the most serious charges any college student or faculty member can face. It's also one of the most difficult charges to defend against. The thing is, campus sexual misconduct offenses are governed by Title IX, a federal law. That means the rules themselves are complex and difficult to interpret. That's just for starters, though. Almost from its inception, Title IX has been a political football, and the “rules” seem to change with every new presidential administration. Defending yourself today involves an entirely different process from defending yourself ten years ago, and you can be sure defending yourself in another ten years will be different as well.
In these kinds of cases, set on shifting ground, you simply cannot afford to try and represent yourself. You need someone on your side who understands the situation, who's familiar with the law, and who has experience navigating the process. You need someone from the Lento Law Firm. Our Student Defense Team is dedicated to protecting student rights. We were founded specifically to defend students from misconduct charges, and we've worked on hundreds of Title IX cases.
Whether it's the University of Central Arkansas, Hendrix College, the University of Arkansas at Little Rock, the University of Arkansas for Medical Sciences, or Arkansas Baptist, the Little Rock metro is home to some great schools where you can get a top-notch education. One sexual misconduct allegation can ruin your chances to do that, though. 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.
What is Title IX?
It would take several pages—at least—to detail the complete history of Title IX. Consider this, though: the law's original purpose was to force colleges and universities to treat their female students fairly; today, it's used to discipline students. Pretty big change. And the law continues to undergo wholesale changes both through judicial review and executive memoranda. Under Obama, the law was interpreted to protect the LGBTQ community in addition to women. The first Trump administration rolled back those protections and set strict limits on school jurisdiction.
All of which is to say this: Title IX is subject to wide interpretation, and as a result, its implementation is currently in flux and is likely to remain in flux for the foreseeable future.
What constitutes an offense continually changes.
The process for mounting a defense to charges continually changes.
What is certain about this law? The heart of the law is a prohibition on discrimination and harassment against female students. That's still exactly the same as it was in 1972 when Title IX was passed. Title IX effectively bars:
- Stalking
- Dating and Domestic Violence
- Sexual Assault
- Rape
- Sexual Exploitation
- Online Sexual Harassment
- Intimidation and Retaliation
Everything else is subject to interpretation. The bottom line is that only someone who understands Title IX, who has experience working with it, and who keeps up with the surrounding politics can truly protect you from a sexual misconduct charge. Even most attorneys aren't qualified. The Lento Law Firm is the premier firm in the country when it comes to student defense. We know Title IX, and we know how schools in the Little Rock metro area tend to utilize it.
Title IX Allegations
No one is immune from a Title IX allegation. No one. It doesn't matter how good a student you are. It doesn't matter if you're the starting point guard who led your team to a conference championship last year. It doesn't matter that you follow every rule in the student code of conduct. It might not even matter that you're entirely innocent.
Misunderstandings happen. False accusations sometimes happen. Any time relationships are involved, things can get messy. And once an accusation is made—especially a sexual misconduct accusation—it can take on a life of its own.
Anyone may lodge a complaint against you with your school's Title IX Coordinator. That complaint doesn't necessarily have to come from a "victim." Schools have the authority to require faculty and staff to report any knowledge of sexual misconduct. Hendrix College, for instance, has designated all full-time employees as “mandatory reporters.” Most schools in the Little Rock metro area leave the choice up to the individual. In either case, though, once the Coordinator is apprised of an allegation, they must immediately take steps to address the situation. That means conducting a preliminary review to determine if the allegations are credible and actionable. If they are, it means initiating a full investigation.
If someone has accused you, or you think an accusation might be coming, keep in mind:
- Anyone may accuse you, but only the Title IX Coordinator can issue an official charge against you. This means there may be an opportunity for your Lento Law Firm attorney to intervene before those charges are filed.
- Your school maintains an Office of General Counsel—a lawyer or law firm responsible for providing the school with legal advice. Your Lento Law Firm attorney can approach the OGC and begin negotiations on your behalf.
- If you are charged, you are entitled to equal treatment to the Complainant (your accuser or alleged victim). Any right afforded to them should be afforded to you as well. Your Lento Law Firm attorney can make sure you're treated fairly from the moment you're charged and insist you're afforded every due process right granted you under the law.
Don't wait to see how the situation might unfold. You need to act quickly to ensure a Lento Law Firm attorney is in your corner and protecting your interests right from the start.
Title IX Investigations
Colleges and universities are required under Title IX guidelines to presume you innocent (“Not Responsible”) until proven guilty (“Responsible”). That means your school must undertake some type of investigation. It needs evidence to substantiate any charges.
Some schools, such as the University of Central Arkansas, appoint an independent investigator. Hendrix College, on the other hand, is small enough that the Title IX Coordinator actually serves the role of investigator. In either case, you should be given the right to make a statement, to submit evidence, and to suggest witnesses for investigators to interview. Of course, investigators will also speak to the Complainant and any witnesses to the incident, and they'll collect all physical evidence associated with the case—from cell phone video to dorm room logs to clothing.
Note that throughout the investigation, you have the right to review any evidence investigators uncover. One of your Lento Law Firm attorney's jobs is to remain in contact with investigators so you're apprised of all developments in the case.
Once the investigation is complete, investigators must submit a written report detailing their findings. This report must be from an unbiased perspective. Again, you have a right to review this document and ten days in which to suggest changes to it. Again, your Lento Law Firm attorney can play a crucial role in helping you with this process. Another of their jobs is to make sure the school respects your rights and that investigators present a full and honest report of their work.
Title IX Hearings
Many schools in the Little Rock metro area—such as the University of Arkansas at Little Rock—offer informal resolution options in sexual misconduct cases. You always have the right to defend yourself, though, at a formal Title IX hearing.
As part of this hearing, you are entitled to
- Make an opening statement
- Introduce physical evidence
- Call witnesses to testify
- Raise questions for any witnesses testifying against you
- Make a closing statement
Further, you have the right to an advisor. In fact, only advisors may examine and cross-examine witnesses. That advisor can be an attorney, which means someone from the Lento Law Firm can accompany you to meetings and proceedings to offer advice and help you present your defense.
Of course, within this general outline, schools have some latitude in how they conduct their Title IX investigations and hearings. UALR, for example, allows advisors limited participation in hearings but bars them from direct involvement in investigative meetings. Arkansas Baptist University, in contrast, allows advisors to advise students throughout the entire process.
Hearings can take place before a single Hearing Officer or an entire Hearing Panel. Decision-makers should be trained and free of bias. You have the right to challenge anyone you feel may be prejudiced against you.
Ultimately, decision-makers employ a legal standard known as "preponderance of the evidence." Note that they do not have to find you guilty "beyond a reasonable doubt." Instead, if they are more than fifty percent convinced you committed the offense, they must find you Responsible (guilty).
Title IX Sanctions
In keeping with the serious nature of sexual misconduct offenses, colleges and universities typically mandate serious penalties for those found Responsible. The minimum sanction in these cases is usually suspension. The more likely sanction is dismissal.
Keep in mind that suspension and dismissal both include a transcript notation describing the nature of your offense. This means that if you should be found Responsible, you may find it difficult or impossible to enroll at another school. In all likelihood, you'll be heading onto the job market—and paying back any student loans—with no degree at all.
It is no exaggeration to say that your entire future is on the line in a Title IX case. That's far too much to risk trying to handle your defense on your own. You need the best representation you can find. You need someone from the Lento Law Firm.
Title IX Appeals
Title IX also affords students the opportunity to appeal their cases if they can show they were treated unfairly in some way by the process. This can include
- A procedural error was committed by the school;
- The discovery of new evidence not available at the time of the hearing;
- Bias on the part of a decision-maker;
- A sanction disproportionate to the nature of the offense.
Lento Law Firm attorneys are highly experienced at reviewing cases and identifying grounds for appeals. Further, they can work with you to draft the content of your appeal and make sure your school gives your appeal fair consideration.
The Office of General Counsel
Again, all schools maintain an Office of General Counsel. Lento Law Firm attorneys maintain strong relationships with many OGCs, and where we don't have a relationship, we are comfortable talking with these attorneys. Even if you should lose your Title IX hearing and further lose the appeal, we may be able to come to some sort of accommodation with your school's OGC.
It is sometimes possible, for instance, to negotiate a lesser sanction or to come up with a solution that protects your permanent record. This is a service the Lento Law Firm's Student Defense Team can offer because we focus on student defense. We've taken the time to forge these relationships, something you won't find with other firms.
The Lento Law Firm is on Your Side
Whether you're in Conway, Little Rock, North Little Rock, Benton, Jacksonville, or Cabot, 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.
