Sexual misconduct is among the most serious charges with which any college student can be charged. It's also among the most complex charges to have to defend, and you never want to try to do it alone.
The thing is, your school's policy isn't just your school's policy. It's mandated by Title IX, a federal law. That means judicial processes and procedures can be incredibly complex and difficult to navigate. These cases often play out in the media as well, and schools are terrified of being labeled “soft” on sex offenders. As a result, you can expect severe sanctions if you're found responsible for (guilty of) an offense.
If you've been accused, it's important you contact the Lento Law Firm immediately. Why us? Our Student Defense Team was founded to protect student rights. We're defense attorneys, but we're focused on student defense, and that gives us insight into your situation that you just won't find with other attorneys. We understand what's at stake, and we know how to use Title IX to your advantage. No one gives you a better chance of success.
We also work at schools across the Metro Dayton area, from the University of Dayton to Antioch College, Kettering College of Medical Arts to Wright State. We've helped hundreds of students defend themselves, and we can help you to 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.
The Basics of Title IX
The US Congress passed Title IX in 1972 with the intention of eradicating sexual discrimination on college campuses. The mission was clear. Schools across the country used separate admission standards for women, barred women from participation in many campus activities, and treated women as second-class citizens in the classroom. Title IX quickly changed all of that.
At this point, though, the mission was redefined.
US courts decided that schools didn't just have a responsibility to refrain from discrimination themselves. They also had a duty to prevent discrimination among the student population. Policing students turned out to be a much more difficult task.
In addition, the courts expanded the definition of “discrimination” to include “harassment” and, eventually, a wide range of “sexual misconduct” offenses, essentially any behavior that could potentially interfere with a woman's right to an equal education. This included:
- 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 got involved as well. Every President of the last 20 years has redefined Title IX through implementation and enforcement to suit their own political and ideological ends. Where the Obama and Biden administrations expanded protections to include members of the LGBTQ community, Trump narrowed coverage and restricted schools' jurisdictional authority.
In fact, change has become the only real consistent aspect of Title IX. The definition of sexual misconduct remains in flux, making it hard to know whether or not you've actually committed an offense. Meanwhile, processes and procedures are far from settled, making it difficult to defend yourself if you should be charged.
If you've been accused, you need the Lento Law Firm attorney in your corner. We know the law inside and out because we've had the experience of helping clients defend themselves from it. In addition, we follow the politics. We know the history of Title IX and how it has evolved, and we're better positioned than anyone else in the country to know what may happen to it over the next several months and years. You're always better off trusting your case to someone familiar with the law.
Title IX Allegations
Where do Title IX allegations come from? Everywhere. No one is immune—not students, not professors, not athletes, not administrators, not honor students, not student body presidents. These cases are about relationships, and those are always going to be messy.
Anyone can accuse you. All it takes is a simple misunderstanding or a person who's looking to use a false allegation as a weapon. "Victims" don't even have to complain in person. Under the law, third parties are allowed to register complaints on their behalf. In fact, many schools, like Antioch College, require "mandatory reporting" from all employees.
There is a process, though. Your school can't simply level a charge at you and impose a sanction. In fact, you're entitled to something called "due process rights." That starts with a presumption of innocence. Your school is required by law to give you the benefit of the doubt until such time as a "preponderance of evidence" proves you responsible (guilty). You are also entitled to an advisor, someone to be on hand throughout the case to help you defend yourself. Even better, that advisor can be an attorney. From the moment you're charged, we can be at your side, ensuring your school respects your rights and treats you fairly.
All accusations must go through your school's designated Title IX Coordinator. Only this official can sign a complaint against you, and they can only do this if they believe accusations are both credible and actionable. In fact, if you suspect an accusation might be coming, you should call the Lento Law Firm before you're charged. We may be able to intervene and prevent a charge. We can be persuasive when it comes to reminding Coordinators to question a complainant's credibility.
Title IX Investigations
Once the Coordinator has signed a complaint, the case moves into its investigative phase. Here again, you have some important rights that can protect you from unfair treatment.
- First, Title IX clearly states that respondents (the accused, you) must be treated equally to complainants. Schools like to offer support services to potential victims of sexual misconduct. You're entitled to those same support services, from access to health care to the opportunity to modify your course schedule.
- The Title IX Coordinator must supply you with notice of the charges against you. This notice must include the name of your accuser and details about the allegation. It should also apprise you of all your due process rights.
- The Coordinator appoints an investigator. This person must be trained in Title IX procedure and free of bias. Per Title IX, the investigation is meant to be a neutral, fact-finding process, and investigators are prohibited from drawing conclusions.
- As part of the investigation, you are entitled to give your side of the story. You can also present evidence to investigators and suggest potential witnesses.
- Investigators must allow you to review any evidence they collect. At the end of the investigation, they compile their findings into a written document. You have ten days to examine this and suggest any necessary changes.
- Time Limit: Your school cannot conduct an open-ended investigation. Title IX makes clear that investigations should be completed in a “timely manner,” and most schools set a concrete limit on how long they can last. The University of Dayton, for instance, sets a limit of sixty days.
Your advisor can accompany you to all hearings, and you can count on the Lento Law Firm attorney to be at your side to offer advice and help you build your case. We'll hold your school accountable for treating you fairly and make sure you're up to date on any and all evidence investigators should uncover.
Title IX Hearings
Once the investigation is complete, investigators submit their investigative report to the Title IX Coordinator who sets a time and date for a live hearing. Some schools appoint a panel of decision-makers to preside over this hearing. Others, like Wright State, appoint a single Hearing Officer.
At the hearing, you are allowed to make your entire case. This includes:
- Making an opening statement;
- Introducing physical evidence;
- Calling witnesses to testify;
- Raising questions about any evidence being used against you;
- Cross-examining (through your advisor) any witnesses testifying against you;
- Making a closing statement.
When both sides have made their cases, decision-makers deliberate as to your level of responsibility in the case. Under Title IX, they are required to use a legal standard known as “preponderance of the evidence.” Less strict than “beyond a reasonable doubt,” this standard requires them to find you responsible (guilty) if they are more than fifty percent convinced you committed an offense.
The Lento Law Firm attorney plays a crucial role at the hearing. They cannot "represent" you the way they might at a criminal trial, but they are on hand to guide you as you make your case. In addition, they'll conduct all witness examinations. Of course, their most important work is to prepare you for the hearing. They'll outline your presentation and give you practice in making it. They'll suggest questions for witnesses and prepare evidentiary exhibits.
Title IX Sanctions
Should the hearing result in a “responsible” outcome, decision-makers will also assign a sanction. Technically, any sanction listed in the school's Code of Conduct is available. Again, though, schools are under enormous pressure to make examples of sexual offenders. As a result, they tend to issue the harshest penalties they can.
At a minimum, you should expect suspension. More likely, a responsible verdict means dismissal. In either case, you'll also have to deal with a transcript notation that describes your offense. That can be more damaging than the sanction itself. A disciplinary black mark on your record can interfere with scholarships, graduate schools, and job prospects.
One reason it's so important you have the Lento Law Firm attorney protecting your interests is that there's so much at stake. When your future is on the line, you want the absolute best help you can find.
Title IX Appeals
Note that both sides have the right to appeal the hearing outcome. However, you must have very specific “grounds” for an appeal, some evidence that you were denied a fair chance to make your case.
- New evidence has come to light since the hearing that could alter the outcome.
- A procedural error occurred that could have affected the outcome.
- One or more Title IX officials had some type of bias against you.
- The severity of your sanction is disproportionate to the offense.
The Lento Law Firm attorney won't stop working for you until the case is over. If there are grounds for appealing your responsible verdict, they'll find them. Likewise, if the complainant should file an appeal, we'll be there to respond and protect your rights.
The Office of General Counsel
In fact, even if you should lose your appeal, we may be able to offer some hope for your case. Sometimes, we are able to use means outside the judicial process to get justice for our clients.
Colleges and universities maintain something called an Office of General Counsel. These are lawyers hired to provide schools with advice on important legal matters. Often, the OGC designs a school's justice procedures. They may also sit in during investigative meetings and hearings and may even offer advice to decision-makers.
Because we work so actively in the area of student defense, the Lento Law Firm has developed relationships with OGC around the country. These relationships provide us with unique insight into campus justice. We can also occasionally use them to negotiate a deal for our clients even if they've been found responsible for an offense. We may, for instance, be able to convince a school to issue a lesser sanction or to remove a transcript notation.
The Lento Law Firm is on Your Side
Wherever you live in the Metro Dayton area—Dayton, Kettering, Beaver Crezk, Huber Heights, Fairborn, 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.
