What is Title IX?
Title IX of the Education Amendments is a federal civil rights law that essentially prohibits gender-based discriminatory acts committed by and against students, staff, and faculty. The law obligates schools to handle these cases by investigating, disciplining and assisting in the conviction of students found responsible for these crimes. It provides the following:
“No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.”
Title IX and Sexual Misconduct
Under Title IX, reports of sexual misconduct in all of its variations - sexual harassment, sexual assault, rape etc. should be handled by schools if it is so pervasive that it causes emotional distress that disrupts a victim from continuing their education the way they were before the occurrence. In the past, schools tended to disregard these allegations for several reasons. Some schools felt that they were not equipped with the tools to deal with the emotional trauma and intricacies of sex related crimes. They have been so accustomed to solely dealing with academic crimes like plagiarizing and cheating that don't require school authorities and staff to exert so much emotional labor. Secondly, schools are concerned with maintaining a certain image to the public. Drawing top students to a school means portraying a higher education institution as an atmosphere free of crime, especially extremely stigmatized crimes like sexual assault and misconduct. A student may be less inclined to attend a school that appears to be unsafe.
As more schools swept these claims under the rug, the more students complained of their voices not being heard. In reaction to these complaints, the Department of Education put pressure on federally funded colleges and universities to approach these cases in a fashion that is “prompt and equitable.” If higher education institutions are not found doing so, the loss of federal funding is a potential repercussion. With this threat looming over the heads of school authorities, their approach changed drastically in comparison to prior years. Now schools have decided to aggressively and hastily handle cases in an attempt to appease both the DOE and accusers, who have been known to take legal actions against neglectful schools. In the process of satisfying these parties, accused students are left at a disadvantage.
The Advantages of Choosing an Attorney as Your Title IX Advisor
Unfortunately, there are quite a few forces that are pitting against you as an accused student. The presumption of guilt that people cast onto you when they realize that you have been accused of such a crime will be discouraging. People will think that you are guilty and are a monster, and will treat you as such even before you have the chance to defend yourself. You will be forced to tread very lightly because any supposed any behavior or words that are branded as incriminating in the minds of spectators will be considered evidence in their mind that you are guilty. This is why it's important that you choose an attorney. Legal professionals are used to representing people in your predicament and know the ins and outs of how to defend yourself adequately and consistently. Also, the legal expertise and skills that they've acquired through trial experience will prove to be useful to you when making a statement, interviewing witnesses and defending yourself in a hearing. Selecting a lawyer as an advisor is the best choice if you want to clear your name and continue to strive to achieve your academic goals.
Experienced Utah Title IX Advisor
If you attend a Utah higher education institution and are facing accusations of sexual assault, you should immediately consult with a knowledgeable professional dedicated to making certain your interests are protected. Title IX advisor Joseph D. Lento has the skills to help you through this ordeal. Contact him today.
Utah colleges and universities where Joseph D. Lento can help as your or your student's Title IX advisor during investigations, hearings, and appeals include, but are not limited to, the following schools:
- AmeriTech College Draper
- Argosy University Salt Lake City
- Brigham Young University Provo
- Broadview Entertainment Arts University
- Broadview University Layton
- Broadview University Orem
- Broadview University West Jordan
- DeVry University Utah
- Dixie State College of Utah
- Eagle Gate College Layton
- Eagle Gate College Murray
- Eagle Gate College Salt Lake City
- Fortis College Salt Lake City
- Independence University
- ITT Technical Institute Murray
- Latter day Saints Business College
- Neumont University
- Provo College American Fork
- Provo College Provo
- Salt Lake Community College
- Snow College
- Southern Utah University
- Stevens Henager College of Business Provo
- Stevens Henager College Logan
- Stevens Henager College Murray
- Stevens Henager College Ogden
- The Art Institute of Salt Lake City
- University of Phoenix Utah Campus
- University of Utah
- Utah State University
- Utah State University College of Eastern Utah
- Utah Valley University
- Weber State University
- Westminster College
Title IX violations and Title IX charges can change an accused student's life if not defended against properly and as early as possible during the disciplinary process, and Joseph D. Lento has nearly a decade of experience passionately fighting for the future of his clients at universities and colleges throughout the nation. He does not settle for the easiest outcome, and instead, prioritizes his clients' needs and well-being. Joseph Lento is a licensed attorney in Pennsylvania and New Jersey, is admitted as an attorney pro hac vice in state and federal court if needed when representing clients nationwide, and serves as a Title IX advisor and educational consultant to students facing disciplinary cases in Utah and throughout the nation. Make certain your or your student's interests are protected - Contact National Title IX attorney Joseph D. Lento today.