If your college or university has charged you with sexual misconduct, you likely have a lot of questions. What happens next? Will you have a chance to defend yourself? What kind of sanctions will you face if you're found responsible? We'll get into all of that. Right up front, though, you need to know two things.
First, the situation is serious. Sexual misconduct isn't just a matter of school policy. Under Title IX, it's a violation of federal law. Your school is essentially required to investigate all credible complaints. It's also encouraged to impose harsh penalties. You can defend yourself, and you have some important rights to help you do that, but the process can be complex and often difficult to make sense of.
That leads us to the second thing you need to know before we go any further: you should never try to handle a sexual misconduct allegation on your own. It is no exaggeration to say that your entire future is at stake, and challenging a college or university can be a full-time job.
The Lento Law Firm's Student Defense Team was created specifically to do that job. We're licensed defense attorneys, but as the name suggests, our focus is on protecting students from misconduct charges, including sexual misconduct accusations. We know the law, we know how your school's judicial system works, and we're always on your side.
Wherever you attend school in the Treasure Valley area—Boise State, Northwest Nazarene, or the College of Idaho—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 888-535-3686, or take time right now to fill out one of our online forms.
A History of Title IX
Many of our clients aren't familiar with Title IX until they find themselves facing a charge. So, just what is Title IX, and what does it have to do with you?
Title IX is a federal law passed in 1972 with the intention of eliminating sexual discrimination on college campuses. At the time, it was not unusual for schools to treat women unfairly during the admissions process. Women were sometimes restricted in terms of where they could go on campus or what they could wear. They were frequently mistreated in the classroom.
The law worked well. Almost immediately, most colleges and universities developed their own policies designed to protect female students.
In the fifty years since the law was passed, though, it has undergone a number of significant changes.
- First, US courts changed Title IX's mandate. Originally, it was aimed at changing how university faculties and administrations behaved. Eventually, though, it was interpreted to mean that schools should also prevent students from discriminating against one another, a very different mission and one much harder to accomplish.
- In addition, the definition of “discrimination” was broadened to include “harassment.” That term was then interpreted to mean any type of sexual misconduct, from stalking and indecent exposure to dating violence and rape.
- Every presidential administration of the last two decades has further altered Title IX through enforcement directives. The Obama administration, for example, interpreted the law to protect members of the LGBTQ community. The Trump administration immediately rescinded these protections. In addition, it limited universities' jurisdictional authority to on-campus incidents.
Ultimately, the law remains in flux. That can make it hard to avoid an offense, and it can make it especially hard to defend yourself from an allegation. Your best chance of protecting yourself is to have a Lento Law Firm attorney on your side. We don't just know the law; we keep up with changes as they occur, and we're up-to-date on how schools in the Treasure Valley area utilize it.
For now, though, the law applies strictly to women. It covers only offenses that occur on campus or in relation to campus-sponsored activities (though individual schools often have their own sexual misconduct policies to cover off-campus offenses). It covers a wide range of misconduct, including
- Simple Harassment
- Stalking
- Dating Violence
- Domestic Violence
- Sexual Assault
- Rape
- Sexual Exploitation
- Sexual Harassment, Including Online Sexual Harassment
- Intimidation and Retaliation
Finally, current guidelines for investigations and adjudications provide accused students with valuable due process rights. However, colleges and universities remain committed to strict enforcement and the imposition of severe penalties on those found responsible for offenses.
Title IX Allegations
Now that you have a general sense of what Title IX is let's talk about how it works. How exactly do processes and procedures work?
All cases begin with an allegation. You should know that anyone can make such an allegation against you. In fact, complaints don't even have to come from alleged victims. Anyone with knowledge of misconduct can report that misconduct. At some schools, such as Boise State, all university employees are designated “mandatory reporters,” meaning they are required by policy to report what they know.
Ultimately, though, all allegations must be forwarded to the school's Title IX Coordinator. Only this official can sign a formal complaint against you, and they can only sign such a complaint if they believe the allegations are both credible and actionable.
It's important you contact the Lento Law Firm as early on in the process as you possibly can. Certainly, you should call us the moment you find out you've been charged, but if you suspect a charge might be coming, it's best to let us know even before that happens. First, we may be able to intervene before the case moves into its investigative phase. We can sometimes convince Coordinators that an allegation simply doesn't rise to the level of a chargeable offense. In addition, though, we can accompany you to any informational or investigative meetings and ensure you don't make any missteps in this early part of the case.
Title IX Investigations
If you've been officially charged, the next phase of the case is an investigation.
Title IX affords you due process. This starts with a presumption of innocence. Your school must treat you as “not responsible” until the point when it can prove through a “preponderance of evidence” that you are “responsible for an offense. Obviously, the investigation is the mechanism for gathering that evidence. You have some important rights during this phase of the case, though.
- Notice of the Charges: Before the investigation begins, you should receive notice of the charges. This notice should include important information for building your defense, including the name of your accuser and basic details about the allegations. It should also explain your rights as the respondent (accused).
- Impartial Investigator: The Title IX Coordinator must appoint an investigator who has been trained in Title IX procedures and who is free from bias. You have the right to challenge any investigator's credentials.
- Participation: You have the right to meet with the investigator and give your side of the story. Further, you can offer physical evidence and suggest witnesses.
- Evidence Review: You are entitled to review any and all evidence investigators uncover. At the end of the investigation, investigators submit a written report to the Title IX Coordinator summarizing their findings. You'll have an opportunity to review this report and make suggestions for changes.
- Time Limit: Your school cannot investigate you indefinitely. Title IX directs them to complete investigations in a “timely” fashion, and most schools set clear deadlines. Northwest Nazarene University, for instance, allows just fifty days for investigators to complete their work.
- Equal Treatment: Title IX also requires schools to treat respondents and complainants (alleged victims) equally in all matters. If the complainant is offered counseling, you must be offered counseling. If the complainant is allowed to adjust their schedule, you must be allowed to adjust your schedule.
One of your most important due process rights is the right to an advisor, who may be an attorney. This means your Lento Law Firm attorney can be at your side from the moment you're charged, helping you respond to questions and ensuring the university respects all of your other due process rights.
Title IX Hearings
Once investigators submit their report, both sides have at least ten days to review this document and recommend changes. The case moves into its next phase—a live hearing.
The hearing provides you the best opportunity to make your entire case. 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 had a fair chance to argue their points, one or more decision-makers then determine whether or not you are responsible for the offense. To do this, they employ a legal standard known as “preponderance of the evidence.” Less strict than “beyond a reasonable doubt,” under “preponderance,” you are guilty if it seems “more likely than not” that you violated policy.
Note that while most of this process is dictated by Title IX guidelines, the law does allow schools some latitude in how they conduct hearings. Some schools assign decision-maker panels to hear cases, for instance, and responsible verdicts require a majority opinion. Other schools allow single administrators to preside over cases. The College of Idaho uses both options depending on the specifics of the situation.
In addition, some schools have found loopholes that allow them to restrict respondent rights. According to Title IX, for instance, advisors must conduct all cross-examination of witnesses. However, a few universities interpret this to mean advisors may formulate questions, but only decision-makers may actually ask them. One of your Lento Law Firm attorney's most important jobs is to ensure you're treated fairly and that your school affords you every due process right to which you are entitled.
Title IX Sanctions
At most schools, decision-makers determine necessary sanctions at the same time that they decide on matters of responsibility. Under Title IX, a school can assign any sanction listed in its disciplinary misconduct policy.
In practice, though, suspension is normally the minimum penalty in these cases. The more likely penalty is dismissal. Keep in mind that both of these sanctions come with transcript notations about the nature of your offense. This can keep you from transferring to another school. Beyond that, it can interfere with scholarships and internships, limit graduate school opportunities, and even harm job applications. There's simply too much at stake to try to handle a case on your own or to place your case in the hands of a local attorney. You need someone who is familiar with Title IX and has experience representing students. You need a Lento Law Firm attorney.
Title IX Appeals
Title IX also entitles you to appeal a responsible finding. An appeal is not a chance to reargue your case, though. You must have sufficient grounds for appeal, some way in which you were denied a fair investigation or hearing. This can include
- The discovery of new evidence that could potentially affect the outcome of the hearing;
- Clear evidence of some procedural error that may have altered the outcome of the hearing;
- Evidence of bias on the part of a Title IX official;
- A sanction that is grossly disproportionate to the nature of your offense.
Note that the complainant is also entitled to ask for an appeal. The same restrictions apply.
The Office of General Counsel
Every school maintains an Office of General Counsel. These are attorneys paid to help them make important legal decisions. The Lento Law Firm has relationships with a number of OGC around the country. This is one reason why we can be so effective representing student clients. We know what to expect from campus judicial systems, and we can anticipate what decisions schools will make in particular cases.
In addition, we can sometimes make use of these relationships to negotiate settlements for our clients outside the normal judicial process. We may be able to convince a school to reduce a sanction, for example, or remove a notation from a transcript. Only the Lento Law Firm offers this unique service.
The Lento Law Firm is on Your Side
Wherever you live in the Treasure Valley area—Boise, Nampa, Caldwell, Meridian, Garden City, 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.
