In April of 2024, the Department of Education approved New Title IX rules, which are scheduled to take effect on August 1, 2024. Our firm is closely monitoring ongoing challenges to these new rules in court, and is working hard to provide you the most up-to-date information. Click here to learn about the current state of Title IX and how we can help if you are facing accusations.
If the University of Wisconsin is investigating you or has charged you with sexual misconduct, you're probably looking for any ray of hope right now.
The good news is, things have improved for respondents (defendants) in the last few years. Title IX, the federal law used to investigate and adjudicate many sexual misconduct cases on college campuses underwent a massive change in 2020. That's when the Trump administration introduced what it called the “Final Rule.” The Final Rule limited schools' jurisdictional authority and narrowed the definitions of “sexual discrimination” and “sexual harassment.” Most importantly, it guaranteed some important due process rights to the accused, such as the right to a formal hearing and the right to cross-examine witnesses.
The bad news is, it's anybody's guess whether these changes will withstand the Biden administration or any future administrations. Biden campaigned on a promise to roll back Trump's changes, and he's already put together a committee to investigate doing just that.
The worse news, though, is that even if things stay just as they are, the Final Rule didn't improve things in all cases. Many schools were offended by the new guidelines. Some actually sued in court to keep them from going into effect. When that didn't work, they created their own school policies on sexual misconduct, designed to catch behaviors Title IX doesn't cover anymore. When they did so, they weren't obliged to pay attention to due process rights anymore. The result is that most campus judicial systems are now frequently unfair and needlessly complex.
What can you do? Start by learning all you can about the University of Wisconsin's sexual misconduct policies and procedures. That way you'll be ready to defend yourself. Know, though, that you're going to need help. Before you go further, you should contact a lawyer with experience dealing with just this type of case.
A Bit of History
First things first: How did we get here exactly?
It all began with Title IX, a federal law passed in 1972. The goal of Title IX was to prevent schools from discriminating against their female students, and at the time, that was a pretty important goal. College campuses could often be an openly hostile place for women in the late 1960s and early 1970s. Many schools saw nothing wrong with giving admissions preference to men. Women were often subject to curfews and dress codes. Some universities forbid women to study certain subjects.
No one would argue that schools didn't need to clean up their acts. No one would suggest that we're not better off as a society because schools treat all students equally.
Over the next fifty years, though, the government shifted the meaning of Title IX. It wasn't just about schools discriminating against students anymore. It became about how schools' students treated one another. Meanwhile, the courts began to stretch the meaning of “sexual discrimination” until it came to include “sexual harassment” and ultimately to apply even to violent behaviors such as sexual assault and rape.
As you might imagine, colleges and universities weren't equipped to handle such serious judicial matters, to prosecute their own students for crimes like stalking. Rather than restore Title IX to its original purpose, though, the government decided the solution to the problem was to allow schools as much leeway as possible in how they investigated and adjudicated such cases.
Almost immediately, schools began to strip respondents of their due process rights. Lawyers made things complicated, so many schools prohibited students from using them. It could be hard to tell whether questions put to witnesses used proper foundation or not, so some schools did away with cross-examination. It didn't help that the government threatened to withhold funding from any school that didn't aggressively enforce Title IX. Colleges and universities had a built-in incentive to expel every student who was accused.
Into the breach stepped an unlikely hero: Donald J. Trump. Trump's motives may not have been of the highest, but he unquestionably brought needed reform to Title IX. His Final Rule brought some standardization to the enforcement process and assured respondents of a more level playing field.
How Does a Title IX Investigation Work?
As we mentioned in the introduction, the tale of Title IX is far from over. The Biden administration has already issued a Questions and Answers document that encourages schools to bend the Title IX rules where they can.
Even so, there are clear procedures every school, including the University of Wisconsin, is required to follow in sexual misconduct cases, at least for now.
First, every school must have a designated Title IX coordinator. Only a complainant or this coordinator may sign a formal complaint against a respondent.
Once such a complaint has been signed, the coordinator is obligated to provide notice to the respondent of the charges, including a complete description of the charges, what occurred, and who was involved. In addition, the coordinator should advise the respondent that they are presumed innocent until proven “responsible.”
In addition to this right, both sides have the right to supportive measures, such as housing changes, course adjustments, medical care, and counseling. Both sides are entitled to appoint an advisor to help them with the case, and this advisor may be an attorney.
The coordinator next appoints an investigator to pursue the matter. The investigator meets with both the complainant and the respondent to get their sides of the case. The investigator also gathers physical evidence, such as video, text messages, or clothing, and talks to potential witnesses.
At the conclusion of the investigation, the investigator is tasked with completing a written report summarizing their findings. As part of this report, they may offer recommendations as to the responsibility of the respondent and any potential sanctions. Both sides have ten days to review this document and suggest changes. Then it is forwarded to the Title IX coordinator.
What Is a Title IX Hearing Like?
Once the Title IX coordinator receives the investigative report, they must decide whether the case will be heard by a single examiner or a hearing committee. They will also set a date, no more than 45 days from the submission of the report, when the hearing will take place.
The hearing must be live, but either side can request it be held via closed-circuit video. Both sides have an opportunity to present their case, including evidence and witnesses. In addition, both sides may cross-examine witnesses against them and ask direct questions of the other party. However, only advisors may ask such questions and the examiner or committee may rule on some questions.
At the conclusion of the hearing, the examiner or committee deliberates, determining whether the respondent is responsible for a sexual misconduct violation and what, if any, penalties they should face. In making this determination, they use the “preponderance of evidence” standard, which is far less strict than the “beyond a reasonable doubt” standard familiar from most courtrooms. According to “preponderance of evidence,” the decision-makers must only believe the respondent is “more likely than not” to have committed a violation.
Can You Appeal a Title IX Finding?
If you are found responsible, you do have the right to appeal the findings of the hearing to the Chancellor. This appeal must be filed within 14 days of the conclusion of the hearing.
Appeals may only be filed for very specific reasons, including:
- The findings are not supported by the evidence
- Procedural irregularities occurred
- The decision violates federal law
- New evidence arises
- A Title IX official had a conflict of interest or inherent bias
It is important to note as well, though, that both sides of the case have the right to appeal the hearing findings.
What if the Accusation is Outside Title IX Parameters?
As the previous section suggests, Title IX is complicated, and it doesn't always protect respondent rights as well as it could. Even so, Title IX does at least set up an outline for how things should work. When it comes to non-Title IX cases, schools aren't bound by any rules whatsoever.
As it turns out, though, the University of Wisconsin does utilize the same procedures whether the case is Title IX or non-Title IX, at least for the most part. That is, the investigation, hearing, and appeals processes work the same in both kinds of cases. In either case, the respondent also has some important rights:
- The right to a presumption of innocence
- The right to be notified of the charges against them
- The right to appoint an advisor who may be an attorney
- The right to suggest evidence and witnesses to investigators
- The right to a hearing
- The right to cross-examine witnesses
The two processes do differ in one important regard. While Title IX requires that both sides be offered supportive measures and that they be offered the same supportive measures, the University of Wisconsin's policy extends these only to claimants. In a section on “rights, the school's policy specifically requires claimants be offered medical care, counseling, housing changes, course schedule changes, and no-contact orders. The same section makes no mention of the rights of the accused to any of these measures.
Sanctions
The University of Wisconsin doesn't bother to mention potential sanctions like reparations or mandated counseling. Instead, its policy lists “probation, suspension, or expulsion” as the likely outcomes in sexual misconduct cases, whether the charge is Title IX or non-Title IX.
In fact, most students who are found responsible for sexual misconduct are suspended at best or expelled.
Expulsion, in and of itself, is a traumatic punishment. It is a disruption to your academic career. It puts your progress in jeopardy. It nullifies the time, energy, and money you've invested in your education.
An expulsion from the University of Wisconsin comes with additional burdens, though. First, if you are expelled, you are prohibited from applying to any other school in the University of Wisconsin system. In addition, your transcript will note your expulsion. This means you may have trouble enrolling anywhere, in the state or outside it.
Joseph D. Lento: Title IX Attorney
Nothing less than your future is at stake when it comes to sexual misconduct allegations. If you are expelled, your academic career could essentially be over. That will make it hard to find a job, to negotiate for a high salary, to advance over the course of your career.
Despite what's at stake, colleges and universities don't always respect students' rights. Even well-intentioned schools can get it wrong, treating respondents unfairly, skipping over important parts of judicial procedures, and assigning penalties that aren't proportional to the actual offense. Don't let this happen to you. Make sure you have proper legal representation, not just an attorney, but one who understands the intricacies of campus justice.
Attorney Joseph D. Lento built his career defending students from sexual misconduct charges. He's represented literally hundreds of students from all types of accusations across the United States. Joseph D. Lento knows Title IX law. He understands its history, he knows the politics that surround it, he's up-to-date on all the most recent changes. He is equally adept, though, at defending students from non-Title IX sexual misconduct charges. That's because Joseph D. Lento knows how colleges and universities operate. He's spent as much time talking with university administrators as he has in the courtroom, so he knows exactly what to expect.
Most importantly, Joseph D. Lento is passionate about standing up for your rights. He won't rest until you've gotten the best possible outcome to your case.
If you or your child has been accused of sexual misconduct at the University of Wisconsin, act now to protect your future. Call the Lento Law Firm today at 888-555-3686 or use our automated online form.
