Sexual misconduct charges are serious business. The rules, regulations, and procedures are set by federal law (Title IX). That means sanctions can be severe and the process of defending yourself can be beyond complicated.
What do you do if you're facing charges?
First, you don't want to panic. A Title IX defense can be a daunting prospect, but the law does provide you with a number of key rights you can use to protect yourself.
Second, you find out everything you can about your situation. What exactly have you been accused of doing? How does the judicial process work at your college or university?
Finally, and this is crucial, you get help. You can't hope to take on a Title IX case on your own. In fact, even most attorneys aren't qualified to handle a Title IX defense. You need an attorney from the Lento Law Firm.
The Lento Law Firm's Student Defense Team was founded to protect student rights. We know what you're up against, and we understand the stakes. We know the law, and we know how your individual school operates. Most importantly, we're always on your side, whatever the situation. You can count on us to use every resource at our disposal to get you the best possible resolution to your case.
Wherever you attend school in the Greater New Haven area—from Yale to Fairfield, Albertus Magnus to Quinnipiac—we're here for you. We've helped hundreds of students respond to Title IX charges, and we can help you to do the same. To find out more, call the Lento Law Firm at 888-535-3686 or take time right now to fill out one of our online forms.
A History of Title IX
Let's start with the basics. What exactly is Title IX?
Title IX was passed by the US Congress in 1972 with the intention of eliminating sexual discrimination on college and university campuses. It put an end to unfair admission standards and unfair classroom treatment for women. It forced schools to allow female students more freedom on campus and greater access to scholarships. Originally, it had a clear purpose, and it was wildly successful at achieving that purpose.
Much has changed about Title IX in the last fifty years, though, and if you don't understand those changes, you'll have a difficult time defending yourself from charges.
- First, Title IX doesn't just protect women from college and university discrimination anymore. Now, it protects them from any type of campus discrimination, whether that discrimination originates with administrators, faculty, or other students. The courts have ruled that schools have a duty to protect female students, and that has forced them to develop strict anti-discrimination policies and complex enforcement procedures.
- At the same time, the word "discrimination" has been interpreted by US courts to include "harassment" and virtually all forms of "misconduct." School policies don't just prohibit unfair treatment of women. They prohibit a wide range of sexually-based offenses, from stalking to rape.
- Finally, Title IX has also been taken up by every presidential administration of the last twenty years as a mechanism for defining political and ideological policy. Some administrations, such as Obama's, looked for ways to expand the law and provide greater protections for more people. Other administrations—the Trump administration, for instance—have sought opportunities to restrict Title IX's implementation.
What does all of this have to do with you? Plenty. If you've been charged with a Title IX offense, you need to know that the law remains in a perpetual state of flux. It's not clear who it covers. It's not always clear what counts as an offense. Even the process for defending is subject to change.
Here's where things stand at the moment. The law only protects women. In addition, it only covers incidents that occur on campus or in connection to school-sponsored events (though many schools have instituted additional policies that respond to off-campus misconduct). It prohibits a long list of sexual misconduct, including
- Simple Harassment
- Stalking
- Dating Violence
- Domestic Violence
- Sexual Assault
- Rape
- Sexual Exploitation
- Sexual Harassment, Including Online Sexual Harassment
- Intimidation and Retaliation
Current guidelines grant respondents (the accused) many important due process rights. However, schools remain committed to strict enforcement, and to use your rights, you need to fully understand them.
Title IX Allegations
Title IX cases begin with an allegation. Anyone on campus may make such an allegation. In fact, while every allegation has an alleged victim, it may not be these alleged victims who report you. Title IX allows anyone to file a report on behalf of an alleged victim. Some schools—Yale, for example—even require their faculty and administrators to report any knowledge they might have of an offense.
Likewise, no one on campus is immune from an allegation. It doesn't matter whether you're an athlete, the student body president, or an honor student. Faculty can face accusations just as students can. Misunderstandings happen all the time when relationships are involved. Occasionally, false allegations happen for one reason or another.
Ultimately, all reports of misconduct are forwarded to the school's Title IX Coordinator. Only the Title IX Coordinator has the authority to sign an official complaint and initiate an investigation. Note, however, that they have the authority to do this even if no alleged victim comes forward.
Your job at this stage is to contact a Lento Law Firm attorney the moment you're charged with an offense. In fact, if you suspect a charge might be coming, you should contact us before it happens. There is a window of opportunity while the Title IX Coordinator decides whether or not charges are appropriate when we may be able to influence their decision. In addition, you want us on your side from the beginning so that we can protect your rights and help you avoid making any serious missteps.
Title IX Investigations
The next phase of a sexual misconduct case is the investigation.
As we've already suggested, you have some important due process rights throughout the case. The first of these is a right to the presumption of innocence. Your school must treat you as “not responsible” until it can prove you “responsible.” It needs a “preponderance of evidence” to do this. You should expect an investigation. You must be treated fairly during the course of this investigation, though.
- First, Title IX entitles you to all the same considerations provided to the complainant (your accuser). If they are offered counseling, you must be offered counseling. If they're allowed to change classes, you must be allowed to change classes.
- Before the investigation can begin, the Coordinator must issue you notice of the charges against you. This is vital information for preparing your defense. It identifies the complainant and explains the nature of the alleged offense. In addition, it should include a complete list of your due process rights.
- Impartial Investigator: The Coordinator appoints one or more investigators to pursue the matter. These investigators should be properly trained in Title IX procedure, and they must be free of bias in the case.
- Participation: You have the right to give your side of the story. You may also submit physical evidence and suggest witnesses for interview.
- Evidence Review: As the investigation unfolds, you are entitled to review any evidence investigators uncover. At the end of the investigation, investigators create a written report summarizing their findings. This must be an objective, non-biased document. You get the opportunity to review this document and to suggest changes as necessary.
- Time Limit: Title IX requires schools complete investigations in a reasonable timeframe. Many schools actually set clear limits on how long they can last. Fairfield University, for instance, allows just thirty days for investigators to complete their work.
Maybe your most important due process rights is the right to an advisor, and you can choose an attorney to fill this role. Your Lento Law Firm attorney can prepare you for investigative meetings, but they can also accompany you to offer advice and support and to protect your rights.
Title IX Hearings
Title IX provides you with at least ten days to review the investigative report and suggest changes. At that point, the Title IX Coordinator sets a time and date for a live hearing and appoints one or more decision-makers to preside over the next phase of the case. At Quinnipiac, a single Hearing Officer oversees the hearing and decides matters of responsibility. At Wesleyan University, on the other hand, cases are heard by a full panel of decision-makers.
In any event, the hearing gives both sides the opportunity to
- Make an opening statement;
- Introduce physical evidence;
- Call witnesses to testify;
- Raise questions about any evidence being used against you;
- Cross-examine (through your advisor) any witnesses testifying against you;
- Make a closing statement.
Ultimately, decision-makers employ a legal standard referred to as "preponderance of the evidence" to decide whether or not you are responsible for (guilty of) an offense. According to this standard, you are responsible if it seems "more likely than not" that you violated policy.
Your Lento Law Firm attorney cannot speak for you during these proceedings. However, they are on hand to provide advice and to help you present your case. In addition, only advisors may conduct witness examinations.
Beyond these tasks, though, your attorney will make sure you're prepared for every aspect of your case, from outlining your presentation to suggesting questions for witnesses to creating evidentiary exhibits.
Title IX Sanctions
Some schools hold a separate hearing for sanctions, but at most schools, decision-makers in the original hearing set punishments as necessary.
As long as a penalty appears in your school's Code of Conduct, decision-makers have the authority to impose it. In most sexual misconduct cases, though, the minimum penalty is suspension. The most common penalty is dismissal. Both come with transcript notations. A record of such an offense can prevent you from transferring elsewhere. It can affect scholarships, interfere with graduate school applications, and be an issue at job interviews.
This is yet another reason why it's so important to have a Lento Law Firm attorney representing you. There is simply too much at stake in these cases to trust your defense to anyone who isn't fully prepared to handle Title IX processes and procedures.
Title IX Appeals
If you should be found responsible for an offense, you do have the right to appeal. Keep in mind, though, that appeals must be based on issues of fairness. They are not an opportunity to reargue your case. In fact, grounds for appeal are limited to
- An allegation that some procedural error prevented you from receiving a fair hearing;
- The discovery of significant new evidence not available at the time of the hearing;
- An accusation that a Title IX official had some clear bias against you;
- A complaint that the sanction is grossly disproportionate to the nature of the offense.
Finally, note that the complainant has the right to appeal the hearing decisions as well. This means your case may not be over just because you are found not responsible.
The Office of General Counsel
Lento Law Firm attorneys have a background and experience in defending Title IX cases. They have something else you won't find with other attorneys as well: relationships with Offices of General Council at schools across the country.
Every school maintains an Office of General Council made up of attorneys who provide them with legal advice. Our relationships with these OGC provide us with unique insight into how campus cases unfold and give us an advantage during investigations and hearings.
In addition, we sometimes take advantage of these relationships to negotiate settlements outside the bounds of campus judicial procedure. Even if you should be found responsible for an offense, it may be possible to negotiate a lesser sanction or the removal of the offense from your permanent record. Only we can provide you with this service, though. Local attorneys just don't have these same connections.
The Lento Law Firm is on Your Side
Wherever you live in the Greater New Haven area—New Haven, Madison, Meriden, Guilford, Orange, 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.
