Sexual misconduct can be a difficult offense to defend against. On the one hand, the "facts" in the case are often clouded by the varying interpretations of the participants. We struggle to communicate with one another at the best of times, and when relationships—and sex—are involved, things can get even more complicated.
Adding to the complications? The college or university you attend bases its sexual misconduct policy on Title IX, a federal law. That law dictates what constitutes an offense, who is protected, and how schools conduct investigations and hearings. But, get this: the law, which was passed over fifty years ago, remains in a state of constant flux, so it's impossible to say with any certainty just how it's being interpreted and implemented at any given moment.
All of this is why you never want to try to respond to charges by yourself. You need an attorney. Yes, an attorney. Some campus charges are that serious and that complex. In fact, you can't just Google "attorney" and choose the one closest to campus. You need an attorney who understands Title IX and has experience defending students. You need someone from the Lento Law Firm.
The Lento Law Firm's Student Defense Team was founded to protect student rights. We've helped hundreds of students defend themselves from all types of charges, including Title IX sexual misconduct charges. We know what the law says; we know its history; we're up to date on the most recent changes.
Wherever you attend school in the Piedmont Triad area—from Wake Forest to UNC Greensboro to Bennett College—the Lento Law Firm is here for you. 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.
A Brief History of Title IX
When the US Congress passed Title IX in 1972, its purpose was clear. The law barred all sexual discrimination in US educational programs, including colleges and universities. It ensured schools could no longer use sex as a factor in determining admissions; it forced schools to provide women access to all programs and resources; it prevented stodgy professors from mistreating their female students.
No one would argue that Title IX was a bad idea. Since 1972, though, the law has changed in some pretty significant ways.
- First, US courts ruled that it wasn't enough for schools to refrain from sexual discrimination themselves. They also had an obligation to prevent students from discriminating against one another. That was a much trickier proposition.
- In addition, US courts interpreted “discrimination” to mean any action that interferes with a woman's ability to get an equal education. That included harassment and a long list of sexual misconduct offenses, including
- Simple Verbal Harassment
- Stalking
- Dating Violence
- Domestic Violence
- Sexual Assault
- Rape
- Sexual Exploitation
- Sexual Harassment, Including Online Sexual Harassment
- Intimidation and Retaliation
- It wasn't just the courts that altered Title IX's mission, though. Over the last two decades, every presidential administration has weighed in on who Title IX covers and how it should be enforced. The Obama administration decided, for example, that protections against "sexual discrimination" should extend to members of the LGBTQ community. Other administrations have disagreed. Meanwhile, the Trump administration passed a series of rules in 2000 that limited schools' jurisdictional authority and gave a number of key rights to respondents (accused students).
How exactly are you supposed to avoid a sexual misconduct accusation if the definition of sexual misconduct is always changing? How are you supposed to defend yourself when you don't know whether Winston-Salem State University and High Point University will use the same basic procedures?
Luckily, you don't have to fight a charge on your own. One of Title IX's most important provisions is the right of all respondents to choose an advisor, someone to help them prepare their cases and to accompany them to hearings and other official proceedings. Even better, the law allows you to select an attorney as your advisor. It is crucial, though, that you choose the right attorney. Only the Lento Law Firm attorneys have the background and experience to take on Title IX defenses. Only we can show you how to use the law to your best advantage.
Title IX Allegations
Cases begin with allegations. Anyone can make such an allegation, and no one is immune from a charge. Misunderstandings happen all the time, especially when sex is involved. Unfortunately, false allegations sometimes happen. It may not even be an alleged victim who lodges a complaint against you. The law allows for third-party reporters, and some schools, such as UNC-Greensboro, require all employees to report any knowledge they may have of an offense. When your job is under threat, you're going to be overzealous in making accusations.
While anyone may accuse you, only the school's designated Title IX Coordinator may sign an official complaint and initiate an investigation. First, though, this official must believe an accusation is both credible and actionable.
Even at this early point in the case, before charges have officially been filed, the Lento Law Firm attorney can help. If you believe an accusation is imminent and you contact us quickly enough, we may be able to intervene and pressure the Coordinator to dismiss the allegations. Even if this isn't possible, we can let the Coordinator know you've retained legal counsel. This reminds them to treat you fairly and helps establish that you are taking the charges seriously.
Title IX Investigations
Title IX doesn't just afford you the right to an attorney. You have a number of rights designed to protect you from unfair treatment and prevent injustice. First and foremost, you are innocent until proven guilty, or in Title IX terms, "not responsible until proven responsible." While no one wants to endure the hassle of an investigation, this phase of the case is to your advantage. Your school cannot proceed without evidence to substantiate its charges. Likewise, any evidence investigators uncover could be useful in proving your innocence.
- Title IX requires schools to treat complainants and respondents equally. If your university offers your accuser the opportunity to rearrange their class schedule, they must allow you to do the same. If your college tries to restrict where you can go on campus, it must similarly restrict your accuser.
- You are entitled to notice of any charges against you. This notice must include the complainant's name and basic information about the allegations. In addition, it should provide you with a complete list of all your due process rights.
- Investigations must be impartial. Investigators should be trained in Title IX procedures and be free of any bias in the case. In fact, you have the right to object to anyone you think might be unable to conduct a fair investigation.
- You have the right to explain your side of the story. You can bring evidence to investigators, and you can suggest witnesses they should interview. In many ways, they're working for you just as much as the complainant.
- Investigators must make any and all evidence available to you for review. At the conclusion of the investigation, they create a written document summarizing their findings. You have the right to review this document and at least ten days to suggest any changes you think might be necessary.
- Time Limit: An investigation is not a free pass to dig into your personal life, and it cannot go on indefinitely. Title IX is very specific that investigations must take place in a “timely manner.” Most schools set clear time limits. Wake Forest, for instance, allows 120 days for investigators to complete their work.
You can be sure the Lento Law Firm attorney will prepare you for all investigative questions. In addition, they'll be beside you at any meetings, formal or informal, to help you respond and ensure your rights are respected. We'll stay in touch with investigators and keep you apprised of any evidence they uncover. We'll go over the investigative report with you, looking for problems. We're on your side and prepared to use every resource at our disposal to safeguard your future.
Title IX Hearings
Once the investigation is complete, the Title IX Coordinator sets a time and date for a live hearing. They'll also appoint one or more trained decision-makers to oversee proceedings. Carolina University cases are heard by a single official; Bennett College assigns cases to a “Sexual & Relationship Misconduct Panel.”
You are allowed to present your full case, arguing for your innocence or otherwise explaining your actions. As part of the process, you may
- 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.
Once both sides have made their cases, decision-makers employ a legal standard known as “preponderance of the evidence” to decide whether or not you are responsible for (guilt of) the offense. In simple terms, you are guilty if it seems “more likely than not” that you violated some aspect of Title IX.
A hearing isn't the same as a criminal trial, and what happens during your case may not match what you've seen on TV or in the movies. One significant difference—the Lento Law Firm attorney cannot represent you. Instead, they work with you to present your case. You must speak for yourself, but they are on hand to offer advice. In addition, Title IX requires that advisors conduct all witness examinations. Of course, before the hearing, your attorney will prepare you for everything you'll face. They'll outline your hearing presentation. They'll suggest questions for witnesses. They'll prepare evidentiary exhibits.
Title IX Sanctions
We've touched on this already, but sanctions in Title IX cases can be severe. The minimum penalty is typically suspension, but dismissal is the most common. Keep in mind that both of these punishments include a transcript notation describing your offense. That can have long-term consequences. For example, you'll likely lose any financial aid package you might have. You'll likely be denied admission to any other schools, and your offense will probably come up at job interviews, at least in the early part of your career.
This is yet another reason to trust your case to the Lento Law Firm. There's simply too much at risk to take a chance with a local or family attorney. You need the very best representation you can find. No one gives you a better chance of success than we do.
Title IX Appeals
Should you lose your hearing, Title IX also affords you the right to appeal your case. You cannot appeal simply because you don't like the outcome, though. You must have “grounds” for an appeal:
- A procedural significant enough to have altered the hearing outcome;
- Unfair bias on the part of one or more Title IX officials;
- New evidence discovered since the end of the hearing;
- A disproportionate sanction.
As with all other aspects of your case, the Lento Law Firm can play a crucial role in developing your appeal. During the course of the investigation and hearing, they'll pay close attention to how your school treats you. In addition, they'll carefully review the record of your hearing. If there are grounds for an appeal, they'll find them. They'll also draft the document itself and make sure it's filed within your school's deadline.
The Office of General Counsel
Finally, there is one more option we can try if your appeal is denied. Every college and university maintains an Office of General Counsel. These are attorneys who provide the school with legal advice on a variety of issues. You can be sure that your school's OGC monitors all Title IX cases, for example.
The attorneys at the Lento Law Firm maintain relationships with OGC across the country. We rely on these relationships to keep us informed about changes in campus justice. We can also sometimes use them to negotiate a settlement outside normal judicial processes. In the past, we have been able to convince schools to impose lesser sanctions or to remove transcript notations.
Only the Lento Law Firm's Student Defense Team is specifically focused on student defense, and only we can offer this unique service.
The Lento Law Firm is on Your Side
Wherever you live in the Piedmont Triad—Greensboro, Winston-Salem, High Point, or other 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.
