As a student at one of the numerous colleges in the Jacksonville, Florida, metro area, you're already familiar with the benefits of attending school in an area that boasts not only excellent weather and beautiful beaches but also a lively cultural and entertainment scene. More importantly, of course, you will benefit from the chance to earn a college degree that will allow you to achieve your career goals. But all of that can come to a halt if you're accused of Title IX misconduct by another student or by your school.
Defending yourself against allegations that you've been responsible for discriminating against, harassing, or sexually assaulting someone else can be extremely stressful. Your challenging but enjoyable college experience can suddenly turn into a nightmare. That's where the Lento Law Firm's Student Defense Team can help. We'll be by your side through the entire Title IX investigation and disciplinary process, protecting your rights, defending you against allegations, and helping you understand what's happening so you can focus on your studies. Call us at 888.535.3686 or use our contact form to schedule a confidential consultation to learn more about what the Lento Law Firm can do to help protect you through this difficult process.
What is Title IX?
Title IX is more than the federal law that gave women's athletics a significant boost by requiring schools to devote similar levels of resources to both women's and men's athletic programs. When it was introduced in 1972, the focus was much more basic: to eliminate discrimination against women when it came to admitting them as students and, once admitted, to make sure they had the same educational opportunities as male students.
Since then, the scope of Title IX has grown considerably. In addition to requiring parity in athletics, it also prohibits discrimination and harassment on the basis of sex, sexual orientation, sexual identity, and pregnancy and parenting status. And because the concept of harassment includes sexual assault and violence, students who have been accused of sexual assault by other students are, in almost all cases, disciplined by schools under Title IX.
The reason schools are the ones enforcing Title IX on campus is because if they fail to do so, they face fines or even loss of their federal funding. Because of this, most schools have different procedures for investigating and enforcing Title IX misconduct claims than they do for other forms of misconduct. These procedures can differ from one school to another, but all of them will reflect that school's particular attempt to apply Title IX's enforcement requirements to that school's setting.
In their eagerness to prove to the federal government that they take their Title IX obligations seriously, however, many schools will overreach. While claiming that students accused of Title IX misconduct are treated as though they are “not responsible” for misconduct until proven otherwise, schools may actually ignore the rights of the accused student in favor of supporting the claims of the accuser. They will often impose “interim remedies” that can drastically change the educational experience of the accused student and can even lead to the accused student being forced to take a “voluntary” leave of absence while the Title IX claims against them are investigated and resolved.
Many Title IX misconduct cases end with the accused student being suspended or even expelled from school. That kind of discipline can, of course, have a devastating impact on not only your education but also your career goals. Your best chance of avoiding serious discipline if you've been accused of Title IX misconduct, is to work with an experienced Title IX attorney, someone who will help you understand what's happening at every step of your case, who will protect your rights and defend you against the allegations; who can communicate with your school on your behalf, including negotiating with your school to resolve your case fairly; and who will vigorously defend you if your case goes to the hearing stage.
Protecting Yourself in a Title IX Case
No matter where you're attending school in the Jacksonville metro area – the University of North Florida, the Jacksonville Campus of Nova Southeastern University, St. Johns River State College, Jacksonville University, Florida State College at Jacksonville, or any other school in the area – if you've been accused of Title IX misconduct you need to take steps to properly defend yourself against the allegations. Both your education and your future is at stake; both are too important to leave to chance.
This is why you need the help of an experienced attorney from the Lento Law Firm's Student Defense Team if you've been accused of Title IX misconduct at your school. You need someone on your side who knows how to protect your rights and who will stand up to your school when those rights are ignored. Someone who will defend you against the allegations you're facing and help you get through the investigation and disciplinary process while fighting on your behalf to protect your education and your future.
Stages of a Title IX Case
The Title IX Misconduct Report
Title IX misconduct cases at the student level typically begin with one student filing a Title IX misconduct report with their school's Title IX office that accuses another student of some form of sexual assault, though a Title IX report can also allege discrimination or some other form of harassment. All schools make it easy for anyone, not only students, to submit a Title IX misconduct report. This demonstrates to the federal government that the schools are taking their role as Title IX enforcers seriously.
Florida State College at Jacksonville, the largest school in the area, has a direct link on its Title IX webpage for anyone connected with the school to use to “Report an Incident.” The University of North Florida has a similar Title IX webpage, with a prominent clickable button at the top for making a Title IX report. St Johns River State College, by contrast, advises anyone who wants to report Title IX misconduct to do so by contacting its Title IX Coordinator, and provides the coordinator's email address and phone number.
Each school will have its own procedure in place for students and others to use to make a Title IX misconduct report with the school. The Title IX misconduct report is what usually starts the Title IX investigation and disciplinary process.
The Title IX Investigation
Assuming a Title IX misconduct report properly alleges misconduct that is prohibited by Title IX (as opposed to, for example, cheating, which is prohibited by schools but not under Title IX), the school's Title IX office will start an investigation. In most cases, an investigator will be appointed by the Title IX office, though for small schools, the investigator may be the school's designated Title IX officer.
In any event, once the investigator has the case, both the accused student and the accuser will be notified in writing, and the accused student will have a chance to respond to the allegation. If you're notified that you've been accused of Title IX misconduct and that an investigation is taking place, this is an excellent time to contact an experienced Title IX attorney. There are several reasons for this.
First, your school may begin to take action against you immediately in the form of “interim measures” that are supposed to protect the rights and educational experience of the accuser. While they may do so for the accuser, they will often make the accused student feel as though the school has already decided that the accused student is responsible for the misconduct. That's because interim measures can include:
- Requiring the accused student to change their class schedule or even drop a class so their accuser doesn't have to be in the same classroom with them
- Forcing the accused student to move out of their current dorm, or even to leave school housing altogether, so that the accuser isn't living in the same building as the accused
- Changing campus workplace shifts or job locations, or losing a campus job, so that the two students aren't both working together at the same place at the same time
- Requiring the accused student to take a “voluntary” leave of absence while the investigation and disciplinary process takes place (which can take months)
If you're working with one of the experienced Title IX attorneys from the Lento Law Firm's Student Defense Team, you'll have someone on your side who can fight for your right to continue your education during the Title IX investigative and disciplinary process as little disruption of your college experience as possible, while still respecting the right of your accuser to feel safe while on campus.
In addition to interim measures, your school will be investigating the allegations made against you. Part of this investigation will take the form of one or more interviews with the school's Title IX investigator. Your Title IX attorney will prepare you for what can be an intimidating experience of being interviewed and can be with you during the interview to make sure you only answer clear, fair, and understandable questions.
Another thing your attorney can do is to conduct their own investigation of the accusations made against you, to try to uncover evidence that may help your case – evidence that is often ignored by Title IX investigators eager to find only evidence that supports Title IX misconduct allegations.
The entire Title IX investigation process can take months. The investigator will typically try to interview as many witnesses as possible who may have information about the alleged incident. They may also try to collect other kinds of evidence, such as photos, videos, text messages, emails, voicemails, and other information that could relate to the allegations made.
Once the Title IX investigation is complete, the investigator will prepare a written report. You and your accuser will usually receive a draft of this and will have a short period of time to respond. If you've been working with a Title IX attorney throughout the investigation process, your attorney can prepare and send a response that may point out errors that the report is making, highlight evidence it's not considering, or provide alternative explanations for the conclusions that it reaches – all to help your case. The final report that is submitted to the school's Title IX office may or may not reflect those comments, but it's generally a good idea to raise them during the investigation so that, at the very least, your attorney will be able to show that they've done so.
The Formal Complaint
Your school's Title IX office will review the investigator's report and decide whether or not to file a formal Title IX misconduct complaint against you. If the Title IX office decides not to proceed against you, your accuser will be able to appeal that decision. If they do, the formal complaint will list the factual allegations against you and then describe the misconduct you're being accused of having committed. The complaint may also propose a form of sanction to be applied against you.
You'll have a chance to respond to the complaint, which is yet another opportunity for your Title IX attorney to provide the school with evidence and arguments defending against the allegations.
The Negotiations
Most Title IX misconduct cases are resolved without a hearing. This is where working with an experienced Title IX attorney can make a significant difference. Your attorney will use their experience, their knowledge of Title IX laws, rules, and regulations, and their understanding of your case to negotiate with your school to resolve your Title IX case in a way that has as little impact as possible on your education and your future career plans. Of course, not every case can be negotiated to a successful resolution, but your chances of doing so are greater if you have someone on your team who has experience with similar cases.
The Lento Law Firm's Student Defense Team is made up of attorneys who have helped students all across the country defend themselves against Title IX and other serious misconduct allegations. We use that experience daily to help our student clients protect their education and their career goals.
The Hearing
If your case isn't resolved through negotiations, it will proceed to a hearing. Each school has its own process for conducting Title IX hearings – processes that vary depending on the school and on the state of the Title IX rules and regulations at the time. If you're working with an experienced Title IX attorney, they'll understand your school's hearing procedures. Your attorney will make sure you meet all required deadlines, are prepared for any role you may have during the hearing, and that your defense is as strong as possible.
In Title IX cases, the standard of proof is much lower than in criminal trials. Where a defendant in a criminal case needs to be found guilty “beyond a reasonable doubt,” an accused student in a Title IX case need only be found “more likely than not” to have committed the misconduct. This low standard of proof increases the need for you to have a strong defense, a defense that you're much more likely to be able to make if you are working with an experienced Title IX attorney from the Lento Law Firm's Student Defense Team than if you were to try to defend yourself.
The Decision
Decisions in Title IX cases are made in writing and will explain the hearing panel's reasoning. If the decision is not in the accused student's favor, it will note the sanction that is being imposed on the student.
The Appeal
Either student can appeal the hearing panel's decision. If it goes in your favor, your accuser will be able to appeal it. If it goes against you, you'll be able to appeal.
Appeals are often not successful, in part because the appeals are made to the same school that just issued the decision. That said, there are some cases where an appeal might make sense, and your Title IX attorney can advise you whether your situation is one of those.
Lawsuits
More and more schools are finding themselves the targets of lawsuits filed by accused students whose rights were violated during the Title IX investigative and disciplinary process. Your Title IX attorney can help you decide whether you have a claim based on how your school treated you during your Title IX case. At the Lento Law Firm, our Student Defense Team is ready to take on schools that ignore the rights of their students during the disciplinary process. Even if you've already faced school discipline, contact us to see if you might have a case.
The Lento Law Firm's Student Defense Team Can Help with Your Title IX Case in the Jacksonville Metro Area
The Lento Law Firm's Student Defense Team has defended students attending schools all across the country from allegations that they've committed Title IX and other serious forms of misconduct. Our experienced Title IX attorneys understand the laws, rules, regulations, and procedures that apply in Title IX cases. We'll use that experience and our willingness to dig into each case to provide you with the strongest defense possible and to help you protect your education and your future.
If you've been accused of Title IX or other serious misconduct at your school, don't leave your future to chance! Call the Lento Law Firm's Student Defense Team today at 888.535.3686 or use our contact form to schedule a confidential consultation with one of our experienced attorneys. We're here to listen and to help.
