If your college or university has charged you with sexual misconduct, it's important you do not panic. If you overreact, you're more likely to make mistakes, and that could ultimately harm your defense.
At the same time, you do need to take the situation seriously. In the current social and political climate, defending yourself from a sexually based offense can be a daunting proposition. In fact, this type of misconduct is regulated by federal law under Title IX. The government has instituted strict guidelines on how schools should conduct investigations and hearings, guidelines that can be difficult to navigate. In addition, schools are encouraged to impose harsh sanctions on anyone found responsible for (guilty of) an offense.
How do you walk the razor's edge of taking the situation seriously but not panicking? You put your case in the hands of a professional. The Lento Law Firm's Student Defense Team was founded to protect student rights, and we're very, very good at our jobs. We know the law. We also know how your school operates. We've represented hundreds of students, defending them from all types of misconduct charges, including Title IX allegations.
We also work at schools across the Winter Haven Metro, from Florida Polytechnic University to Florida Southern College. No matter what your situation, we'll use every resource at our disposal to get you the best possible resolution to your case. To learn more, 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
It's been over fifty years since the US Congress passed Title IX, but the law remains in a state of constant flux. Since 1972, it has undergone a number of significant changes, and its exact purpose remains a matter of continual debate.
- As it was initially conceived, Title IX sought to eliminate sexual harassment in US educational programs, including colleges and universities. This was interpreted to mean schools themselves must refrain from discriminatory activities.
- Eventually, the US courts expanded this mandate to include “protection” of women from all forms of campus discrimination. Simply put, schools were also expected to prevent faculty, staff, and students from practicing sexual discrimination. This directive was far more difficult to implement.
- The courts also interpreted "discrimination" to mean any sexually motivated action that prevented a woman from receiving an equal education. This included a wide range of harassment and general sexual misconduct, such as
- Simple Verbal Harassment
- Stalking
- Dating Violence
- Domestic Violence
- Sexual Assault
- Rape
- Sexual Exploitation
- Sexual Harassment, Including Online Sexual Harassment
- Intimidation and Retaliation
Again, this complicated the schools' responsibilities by placing them in charge of serious criminal offenses.
Finally, over the last twenty years, every presidential administration has used Title IX implementation and enforcement to define its own political and ideological agendas. Some administrations have tried to expand coverage under Title IX to include additional groups, such as members of the LGBTQ community. Others have worked to narrow the definition of “sexual misconduct” and place limits on schools' jurisdictional authority.
The bottom line is that nothing about Title IX is set in stone. The definition of an offense continues to change. The processes and procedures for conducting investigations and hearings continue to change. Defending yourself from a charge requires a deep understanding of the law's history and the current politics that surround Title IX.
This is one reason why it is so crucial you have the Lento Law Firm attorney on your side. Of course, we'll represent your interests in the case and ensure your rights are protected. Beyond this, though, we can help guide you through the case. We have an extensive background with Title IX, and we stay up to date on its continuing evolution. No one is better positioned to help you defend yourself than we are.
Title IX Allegations
How do Title IX cases work? They start with an allegation.
No one is immune from a sexual misconduct accusation—not athletes, not honor students, not tenured professors. Relationships are always tricky, and when issues of sex are involved, there's no way to know when a misunderstanding may happen. Unfortunately, it's also the case that some individuals are willing to use a false accusation to try to manipulate others.
In fact, anyone can level an allegation against you. Often, our clients are blindsided by people they trusted, people they thought they loved. Or, you might be surprised by a third-party allegation. Title IX allows faculty and staff to report misconduct on a “victim's” behalf. In fact, some schools, such as Polk State College, require employees to report any knowledge they may have of sexually-based offenses.
However, there are also some important protections for respondents (the accused) built into the law. While anyone may file a report, victims must be identified by name. Further, only a school's designated Title IX Coordinator may sign an official complaint.
In fact, if you suspect someone might be about to accuse you, it's important you contact the Lento Law Firm immediately--before you're officially charged. Coordinators must perform a cursory review before they sign a complaint, and this means there is a window of opportunity to influence their decision. We can sometimes convince them to dismiss an accusation because it lacks credibility or doesn't meet Title IX's strict definitions of actionable misconduct.
Title IX Investigations
If the Coordinator does sign a complaint, the case then moves to an investigation. Here again, though, you have several important “due process” rights. As a starting point, Title IX provides you with a presumption of innocence. That has an important impact on the entire investigation.
- According to the law, schools must treat complainants and respondents equally in all matters. If your school offers the complainant access to health services, it must offer the same services to you. If your school limits your movements on campus, it must similarly restrict the complainant's movements.
- You are entitled to official notice of the charges against you. This notice doesn't just let you know you're being investigated. It provides essential information for building your defense, including the name of the complainant and basic details about the allegations.
- Investigators must be trained in Title IX procedures. In addition, they must take an objective approach to the investigation. In essence, they work for both the complainant and the respondent. In fact, you have the right to challenge an investigator's credibility if you feel they are prejudiced against you in any way.
- You should be invited to meet with investigators and give your side of the story. Additionally, you have the right to submit any physical evidence you may have and to suggest witnesses for investigators to interview.
- Throughout the investigation, you have the right to review any evidence investigators uncover. In addition, you are entitled to review their final investigative report and to raise objections about any material you think is unfair.
- Finally, Title IX requires investigations to be conducted in a “timely manner.” Your school cannot investigate you indefinitely. In fact, many schools, like Florida Southern College, set a limit on investigations. At FSC, that limit is 90 days.
One of the most important due process rights is the right to an advisor and to select an attorney to serve in this role. From start to finish of your case, the Lento Law Firm attorney can accompany you to all official proceedings and provide advice as you answer questions and begin building your defense.
Title IX Hearings
Once investigators submit their findings, the Title IX Coordinator sets a time and date for a live hearing. This hearing may take place before a single Hearing Officer, or your school may appoint a panel of decision-makers to preside over this hearing. Florida Polytechnic, for example, uses a Hearing Body comprised of three faculty and/ or staff members.
The hearing itself is your best opportunity to make your full case. As part of the process, you are allowed 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 the “preponderance of the evidence” legal standard in determining your level of responsibility (guilt). According to this standard, you are guilty if it seems “more likely than not” that you committed an offense. Note that this is a far less rigorous standard than “beyond a reasonable doubt.”
The Lento Law Firm attorney can't "represent" you the way they would in a criminal trial. You are required to speak for yourself. However, Title IX does give advisors an important role in the process. They're required to conduct all witness examinations. In addition, your attorney will be on hand to offer guidance as you present your case. They'll also make sure you're completely prepared, from outlining your presentation to helping you create evidentiary exhibits.
Title IX Sanctions
What happens if you lose your case? The decision-makers then assign a sanction. Unfortunately, punishments in these cases can be extreme. Schools are under enormous pressure, both from the government and the general public, to take a hard-line stance against sex-based offenses.
In most cases, the minimum sanction is suspension. More often, though, decision-makers assign dismissal. Both of these sanctions come with the additional punishment of a transcript notation describing your offense. This usually means you can't simply transfer your way out of the problem. In fact, even if you manage to return from a suspension and complete your degree, a notation like this can affect graduate school applications and even job prospects.
There is far too much at stake in a Title IX case to try to defend yourself. In fact, most attorneys aren't prepared for the complexity of these cases. The attorneys at the Lento Law Firm work specifically in the field of student defense. Only they understand the stakes and just what it takes to protect you from a serious sanction.
Title IX Appeals
Keep in mind that a case isn't necessarily over when the hearing is decided. It isn't even over when your school imposes a sanction. Under Title IX, both sides have the right to appeal the hearing outcome. Whether you win or lose, there's still a chance the case might continue.
However, no one is allowed to appeal simply because they disagree with the verdict. You must have clear “grounds” for appeal. Under Title IX, these can include:
- New evidence that could have relevance to the case outcome;
- Evidence of a procedural error that may have affected the outcome;
- Evidence of bias on the part of one or more Title IX officials;
- A sanction that obviously doesn't fit the nature of the offense.
Whether you need to file an appeal of your own or you need to respond to a complainant's appeal, you can be sure the Lento Law Firm will continue the fight as long as necessary.
The Office of General Counsel
Finally, there may be one last way to defend yourself from a sanction, even if you should lose your appeal. It's an approach only the Lento Law Firm attorneys can offer.
All colleges and universities have an Office of General Counsel (OGC). These are attorneys hired to provide schools with legal advice. They may have designed your school's judicial procedures. They may even have sat in on investigative meetings and hearings as observers. The Lento Law Firm maintains relationships with OGC at schools around the country. We rely on these relationships to stay informed about changes to campus justice. We can also sometimes make use of them to negotiate a deal outside normal judicial processes. In the past, we have been able to convince schools to lessen sanctions or remove transcript notations.
We said it in the beginning: we are always on your side, no matter what the situation, and you can be sure that we will fight for the best resolution until absolutely every option has been exhausted.
The Lento Law Firm is on Your Side
Wherever you live in the Metro Dayton area—Lakeland, Winter Park, Fort Meade, Bartow, 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.
