Sexual misconduct isn't like other sorts of college and university offenses. For one thing, there's far more on the line. The most common sanction in these cases is dismissal—the end of your academic career. For another thing, cases can be complex and charges difficult to defend against. Processes and procedures are set by the federal government under Title IX, and while the law grants you a number of valuable due process rights, it's not always easy to know how to use these.
For both of these reasons, you never want to try to undertake a sexual misconduct defense on your own. You need help and not just any help. You need an attorney who understands the law and has experience defending students from charges. You need an attorney who works specifically in the area of student defense and who is familiar with college and university administrative systems.
The Lento Law Firm's Student Defense Team was actually founded to protect student rights. We know what you're up against, and we understand the stakes. You can also be sure that no matter what your situation—whether you're entirely innocent or you did make some kind of mistake—we're on your side and ready to fight hard to get you the best possible resolution to your case.
Wherever you attend school in the Sarasota metro area—from Everglades University to the FSU College of Medicine to the Ringling College of Art and Design—the Lento Law Firm is 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 Brief History of Title IX
The original purpose of Title IX was to protect female college students from discrimination. At the time the law was passed in 1972, many schools subjected women to unfair admission standards. Women often had fewer choices when it came to majors, and professors sometimes openly mistreated them in the classroom. Title IX quickly changed all of that by tying federal funds to school compliance.
Since 1972, the law has evolved in unexpected ways. In fact, it remains in a state of flux.
- US Courts determined that schools weren't just obligated to refrain from discriminating against women themselves; they were also responsible for preventing students from discriminating against women as well. That created a much more complex mandate.
- The definition of “discrimination” was broadened to include “harassment,” and that was ultimately interpreted to include all forms of sexual misconduct. This meant schools were now responsible for investigating and adjudicating serious offenses like stalking, domestic violence, and sexual assault.
- Changes in Title IX haven't just come from court decisions. Over the last two decades, every presidential administration has adjusted the implementation of the law to suit its own political and ideological agendas. Under Obama, for example, the law was used to prosecute discrimination and harassment against members of the LGBTQ community. Trump, on the other hand, added stronger protections for respondents (the accused) and limited schools' jurisdictional authority.
At the moment, Title IX covers on-campus discrimination and harassment against women, and applies to a wide range of behaviors.
- Simple Verbal Harassment
- Stalking
- Dating Violence
- Domestic Violence
- Sexual Assault
- Rape
- Sexual Exploitation
- Sexual Harassment, Including Online Sexual Harassment
- Intimidation and Retaliation
The only constant with Title IX, though, is that it is subject to change, often with little notice. What constitutes an offense can change. Investigative processes and procedures can change. In fact, it is sometimes the case that Sarasota area schools interpret and implement the law differently. This makes defending yourself from charges particularly difficult.
The good news is that you're not fighting alone. Title IX allows you an advisor, and this advisor can be an attorney. The Lento Law Firm attorneys are well-versed in all aspects of Title IX. In addition, we stay updated on the politics of the law and are tuned in to changes. We've represented hundreds of students in these cases, and we know exactly what to expect. We can help prepare you for whatever you have to face, and can even show you some ways to use the law to your benefit.
Title IX Allegations
No one is immune to sexual misconduct allegations. Relationships are always tricky, sexual relationships even more so. Misunderstandings happen all the time. Occasionally, outright false allegations happen. It's important you take a proactive approach to protecting yourself.
Likewise, allegations can come from anywhere. Anyone on campus can accuse you. You can even wind up accused by a third party, someone with knowledge of an alleged offense. Some schools, such as the Ringling College of Art and Design, require all faculty and staff to report what they know.
Ultimately, all reports are directed to the school's designated Title IX Coordinator. This official must then decide whether or not to sign a formal complaint. Note that the Coordinator also has the authority to accuse you, with or without the cooperation of the complainant. However, under Title IX, they must believe the accusations are both credible and actionable before opening a case.
What is your role in this early stage of a case? To contact the Lento Law Firm attorney the moment you're charged. In fact, if you suspect someone might be planning to accuse you of an offense, you should contact the Lento Law Firm even before charges are issued. Your attorney may be able to intervene before an accusation becomes a formal complaint and prevent the case from moving forward. At a minimum, they can begin protecting your rights and make sure you don't make any serious mistakes that could hurt you later.
Title IX Investigations
The next phase of the case is an investigation.
Keep in mind that Title IX affords you a number of important rights if you know how to use them properly. For example, your school cannot simply assume you are guilty. Just as in the criminal justice system, you are innocent until proven guilty (“not responsible” until proven “responsible”). Colleges and universities must have a “preponderance of evidence” to substantiate any charges, and they must treat you fairly as they gather that evidence.
- You are entitled to equal treatment to the complainant. Most schools offer complaint support services such as access to counseling and medical care, and the right to adjust their course schedules as needed. You should receive the same services.
- Your school cannot investigate you in secret. Before the investigation begins, the Coordinator must provide you with official notice of the charges. This notice must identify the complainant, explain the charges, and apprise you of your due process rights.
- Impartial Investigator: The Coordinator must select an investigator or investigators who are trained in Title IX procedures and who are free of bias. You have the right to challenge any investigator you feel might be prejudiced against you.
- Participation: You are allowed to give investigators your version of events. Further, you can submit physical evidence, and you can suggest witnesses you think investigators should interview.
- Evidence Review: Throughout the investigation, you have the right to review any evidence investigators uncover. At the end of the investigation, investigators compile their findings into an objective, unbiased report of the case. You also have the right to review this document and to suggest changes as necessary.
- Time Limit: Your school cannot conduct an open-ended investigation. Title IX requires investigations to be conducted in a timely manner. Many schools, in fact, set firm limits on investigations. USF Sarasota-Manatee, for example, gives investigators six full months to complete their work.
As with all other aspects of your case, the Lento Law Firm attorney will help you deal with everything involved in the investigation. They'll prepare you for investigative meetings and accompany you to those meetings. They'll stay in contact with investigators and review every piece of evidence. They'll go over the investigative report with you and help you make any necessary changes to this document. Along the way, they'll ensure your school respects your rights and treats you fairly.
Title IX Hearings
Your school may appoint a single individual (Hearing Officer) to preside over the hearing, or it may select a panel to hear the case. As with the investigator, all decision-makers should be free of bias.
At the hearing, you'll have an 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.
When both sides have made their cases, decision-makers deliberate as to your level of responsibility (guilt). To do this, they employ a legal standard known as “preponderance of the evidence.” While not as strict as “beyond a reasonable doubt,” this standard does require decision-makers to be more than fifty percent convinced of your guilt before judging you responsible for an offense.
To be clear, the Lento Law Firm attorney cannot “represent” you the way they would in a criminal trial. You must present your own defense. However, your attorney will prepare you for every aspect of that defense, from drafting your presentation to suggesting questions for witnesses. They'll be at your side through the entire process, and—per Title IX guidelines—they'll handle all witness examination.
Title IX Sanctions
The goal is to avoid a responsible verdict in the first place. If you should be found responsible, though, decision-makers must then impose a sanction.
Unfortunately, colleges and universities are under enormous pressure from the government and the public to adopt no-tolerance sexual misconduct policies. As a result, the minimum penalty in these cases is usually suspension. The most common penalty is dismissal.
You can be sure, though, that the Lento Law Firm attorney will pressure your school to utilize a reasonable sanction. Just because the hearing is over doesn't mean they stop working on your behalf.
Title IX Appeals
In addition, you have the right to appeal the hearing outcome and any sanctions your school has issued. Keep in mind that this is a process, just like the investigation and the hearing. An appeal is not just a second chance to mount your defense. You must have clear grounds for any appeal, some evidence that you were denied a fair opportunity to present your defense. Generally speaking, there are four options.
- Some procedural error occurred significantly enough to have interfered with the hearing outcome;
- One or more Title IX officials were clearly prejudiced against you;
- New evidence has come to light that could have a direct bearing on the case outcome;
- The sanction applied in the case is obviously disproportionate to the nature of the offense.
The Lento Law Firm can help you find grounds for your appeal, and they'll draft a document that makes your case clearly and compellingly. They're also on your side should the complainant decide to appeal the outcome.
The Office of General Counsel
There is one more reason why it's important you hire the Lento Law Firm attorney to handle your case. All schools retain a General Counsel to provide them with legal advice. These attorneys frequently design campus judicial systems, and they almost always consult on Title IX cases. Because they work in the field of student defense, the Lento Law Firm attorneys maintain relationships with many of these attorneys around the country. These relationships inform our approach to every case we handle.
In addition, we can sometimes leverage these relationships to negotiate a settlement outside of campus judicial procedures. Even if you've lost your appeal, we may be able to get you the justice you deserve, whether that's a “not responsible” verdict or a fair and reasonable sanction.
The Lento Law Firm is on Your Side
Wherever you live in the Sarasota metro area—Sarasota, Bradenton, North Point, Palmetto, 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.
