Title IX FAQs

New Title IX rules went into effect on August 14, 2020.  Click here to learn about the changes to Title IX and how college sexual misconduct cases will be addressed and adjudicated under the new rules.  Click here to see our video FAQ's about the Title IX Final Rule.

Students and parents often have many questions when faced with a Title IX sexual misconduct case, and that is of course understandable. 

It is unfortunate, however, that colleges and universities in most instances fail to properly inform an accused student of what is involved and what is at stake in such matters, and also fail to recognize and protect an accused student's rights and interests during the process.

Because so much is involved and so much is at stake, taking the necessary steps both as early as possible and at every step of the way is critical to success for an accused student.  college sexual misconduct cases can be won, but only by making the best informed decisions as soon as the concern comes to an accused student's attention. 

With that in mind, the following are frequently asked questions which will help accused students and their parents through what can be the most challenging time in their lives.   Remember that you are not alone, and under no circumstances should you go it alone.

Attorney Joseph D. Lento has helped countless clients facing the same and similar concerns at more than a thousand colleges and universities across the United States and he can help you.  Contact the Lento Law Firm today for help at 888-535-3686.

Title IX Frequently Asked Questions

• A student is lying about me harassing them. How can I prove my side to the university?

• An ex published damaging material about me on social media to get me in trouble with my school. Is there anything I can do?

• Another student accuses me of sexually harassing them at a party, but I don't remember what happened. What should I do?

• Can a university discipline a student for sexual misconduct even if the student is not convicted of a crime?

• Can I be suspended or expelled if a school decides that I sexually assaulted another student?

• Can I sue the school for charging my child under Title IX?

• Can revenge porn lead to criminal charges?

• Do I need to confirm the record and document everything in a Title IX case?

• Do I need to hire an experienced lawyer for my Title IX case?

• Do universities have their own rules for sexual assault cases?

• Does cross examination occur in a Title IX hearing?

• Does my child have due process rights in a Title IX hearing?

• Does Title IX apply to acts by university faculty committed off-campus?

• Does Title IX apply to acts by university faculty committed that were not within the context of their employment?

• How can a student defend a domestic violence charge?

• How can a student defend a revenge porn charge?

• How can a student defend a sexual assault or rape charge?

• How can an attorney help a student who is charged with revenge porn?

• How can I defend myself in a campus sexual assault case?

• How did you get involved in Title IX work?

• How do intoxication and drug use affect affirmative consent?

• How do you prove affirmative consent?

• How does Title IX govern campus sexual assault allegations?

• How is sanctioning handled in Title IX campus sex offense cases?

• How long do Title IX cases take?

• How should I respond if I am accused of sexual assault?

• How well do I need to understand my university's Title IX disciplinary process?

• How well should I understand the Title IX climate at my school?

• I am being accused of a Title IX violation. Should I file a counterclaim against my accuser?

• If a school decides that I sexually assaulted another student, will there be a mark on my transcript?

• If I lose on campus, how does a Title IX lawsuit work?

• If I was notified I am being charged for violating a university's conduct code, should I speak with law enforcement?

• If I was notified I am being charged for violating a university's conduct code, should I speak with school administrators?

• If I was notified that I am being charged for violating a university's conduct code, should I speak with campus police?

• In a Title IX case, should I talk to the school? Will the police use what I say against me?
• Is my life over if I lose my Title IX case?

• Is there a difference between the standard of proof required for a criminal court case versus what is required in an on-campus sexual assault case?

• Is there due process in Title IX cases?

• Should I agree to mediation in a Title IX case?

• Should I communicate with school administrators if I was accused of campus sexual assault?

• Should I hire an attorney or work with a school-provided advisor if I was accused of campus sexual assault?

• Should I respectfully remain silent if I am accused of campus sexual assault?

• Should I sue before the Title IX process is over?

• What are "yes means yes” policies?

• What are affirmative consent policies?

• What are derogatory and sexist remarks?

• What are my rights if I am a student who was accused of sexually assaulting another student?

• What are the consequences of retaliation under Title IX?

• What are the evidentiary standards in Title IX campus sex offense cases?

• What are the possible penalties for campus sexual assault allegations?

• What can happen to an international student if accused of misconduct?

• What constitutes gender-based bullying?

• What does sexual misconduct have to do with Title IX?

• What happens if a school decides that I sexually assaulted another student?

• What happens if university faculty is accused of a Title IX violation?

• What happens when a student is charged with revenge porn on a college campus?

• What if the accuser is claiming they were intoxicated or incapacitated?

• What is a no contact order?

• What are the consequences if a student does not receive affirmative consent prior to engaging in sexual activities?

• What is dating violence?

• What is non-consensual sex?

• What is offensive touching?

• What is required to meet the requirement of a “yes means yes” policy?

• What is stalking?

• What is the burden of proof in Title IX hearings?

• What is the Clery Act and how does it relate to Title IX?

• What is the role of the school's attorney in a Title IX hearing?

• What is the time frame for resolution of a sexual misconduct case in the student disciplinary process?

• What is the Violence Against Women Act and how does it relate to Title IX?

• What is Title IX?

• What kind of evidence can help the my child in their Title IX sexual assault case?

• What rights do I have when facing disciplinary action under Title IX?

• What rights does my child have in the Title IX disciplinary process?

• What should I do if I am a student who was accused of sexually assaulting another student?

• What should I expect if I am accused of sexual assault?

• When is the best time to hire a Title IX lawyer?

• When is university faculty informed of a Title IX complaint against them?

• Who decides the sanctioning in campus sexual assault cases?

• Who has the burden of proof in a sexual assault case when affirmative consent policies are in place?

• Who investigates cases of campus sexual assault?

• Why do you do Title IX work?

• Why does Title IX govern sexual assault allegations?

• Why should I hire a Title IX lawyer if they cannot talk during the hearing?

• Why would someone falsely accuse me of a Title IX violation?

• Will an attorney help or hurt my child's Title IX sexual assault case?

• Will hiring a Title IX lawyer make me look guilty?

• Will the school ensure a fair process if I am a student who was accused of sexually assaulting another student?

• Will the use of alcohol or other drugs affect the outcome of a student sexual misconduct complaint?

Nationwide Title IX Defense

It is critical to understand that Title IX cases can be won, but only by having a calculated approach, an effective strategy, and by mounting the strongest possible defense, and attorney Joseph D. Lento has fought to ensure a fair process and a favorable outcome on behalf of countless students and others in academia who have been accused of sexual misconduct at colleges and universities nationwide. 

Contact the Lento Law Firm today for help at 888-535-3686.