There are few accusations as gravely serious as those of sexual misconduct. Academic institutions are left with no choice but to investigate allegations as quickly and as thoroughly as possible. With negative press attention and legal consequences at stake for the school or university, officials must act in accordance with Title IX regulations. If you or a loved one has been charged with a Title IX offense, it's important to understand the potential outcomes and consequences at risk.
Title IX legislation permits the accused party to select an advisor to guide them through the investigation and hearing process. For best results, that advisor should be an experienced attorney.
Upon learning that you're the subject of a Title IX investigation, it's important to contact an attorney as soon as possible. Title IX rules are incredibly complex, so you'll want a knowledgeable advisor in your corner.
Title IX: An Overview
Originally passed in 1972, Title IX was created with the goal of eliminating sexual discrimination in the American educational system. These days, it's the legislation that dictates how high school and college officials must handle sexual misconduct allegations.
Title IX regulations change frequently, especially with the incoming of new presidents. In 2020, for instance, the Trump administration worked to overhaul the enforcement of Title IX. By 2021, the Biden administration repealed a majority of these changes. President Biden would go on to further update Title IX to include transgender students as a protected group.
How is Title IX currently being implemented in high schools, colleges, and universities around the country? The following procedures are considered standard:
- Title IX complaints may only be issued by an institution's Title IX Coordinator. Only this individual can sign off on a complaint.
- Once an accusation has been made, Title IX Coordinators are required to inform the respondent of the charges. Both the name of the complainant and the details of the alleged misconduct should be included. Title IX notifications must also include information about the rights of the respondent – including their right to an advisor and the right to be presumed “not responsible.”
- An Investigator is appointed by the Title IX Coordinator. The Investigator will then meet with both parties, interview witnesses, and collect any physical evidence of the alleged misconduct.
- Once the investigation is wrapped up, a report is written detailing the findings. Both parties will have a chance to read the report and suggest changes before it is officially submitted to the Title IX Coordinator.
- The decision-making portion of the procedures comes next. At the university or collegiate level, respondents have the opportunity to defend themselves at a live hearing. At the K-12 level, though, hearings are optional. A Title IX Coordinator may instead appoint an individual to serve as the sole decision-maker to review the investigation and render a verdict.
- Both parties should be represented by advisors at the Title IX hearing. Advisors may call witnesses and submit evidence. They may also cross-examine each other and the witnesses.
- Title IX cases are heard either by a single decision-maker or by a panel. Decisions are based on a “preponderance of evidence” standard. This is much less strict than the “beyond a reasonable doubt” standard that most Americans know about. In order to find the respondent liable, decision-makers can be just over 50 percent convinced that they committed a violation.
- After a decision is made, both sides have ten days to submit an appeal. Appeals are only warranted when new evidence has been discovered or when there has been obvious bias or clear mistakes on the part of the Title IX Coordinator or Investigator.
What's On the Line
While academic institutions might say they employ a range of sanctions to penalize Title IX violations, the truth is that suspension is often the minimum sanction. Written warnings, restitution, and mandated counseling may accompany suspensions, but they're rarely handed down as penalties on their own. In fact, schools frequently opt to expel students they find responsible for sexual misconduct.
Expulsion has long-reaching consequences. On top of the initial trauma of being expelled, students may find it difficult to gain admittance to another institution. Schools frequently list their reason for expelling a student on their transcript. That makes it incredibly difficult to transfer to a new college or university. A Title IX violation can effectively end a person's academic career.
Title IX violations can also impact a student's financial aid eligibility. Coveted internships may remain just out of reach and gaining admittance to a graduate program may be more of a challenge than before. Even the job hunt process can become more difficult once you have a Title IX violation on your record.
Let Attorney Joseph D. Lento Guide You Through Title IX Proceedings
There's no denying it: Title IX violations can be incredibly high stakes. With your entire future at risk, it's important to proceed with caution. That's especially true given how Title IX rules seem to constantly change.
Attorney-advisor Joseph D. Lento has assisted hundreds of students across the country with Title IX defense. He knows the law inside and out, bringing a keen awareness of each institution's policies and procedures to every case. When Joseph D. Lento is on the job, he works tirelessly to fight on behalf of clients and negotiate the fairest settlements possible. Whether you're hoping to clear your name, salvage your academic career, or set yourself up for the brightest future possible, Joseph D. Lento can make all the difference.
If you or your child has been accused of sexual misconduct under Title IX in Virginia, it's important to act fast. Your university or college is likely already building a case, so there's no time to waste. Contact the Lento Law Firm today at 888-535-3686 or use our automated online form.
Virginia 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:
- Advanced Technology Institute
- Argosy University Washington D.C.
- Averett University
- Averett University Non Traditional Programs
- Aviation Institute of Maintenance Chesapeake
- Aviation Institute of Maintenance Manassas
- Bethel College
- Blue Ridge Community College
- Bluefield College
- Bon Secours Memorial College of Nursing
- Bridgewater College
- Bryant & Stratton College Hampton
- Bryant and Stratton College Richmond
- Bryant and Stratton College Virginia Beach
- Central Virginia Community College
- Centura College Chesapeake
- Centura College Newport News
- Centura College Norfolk
- Centura College Richmond Main
- Centura College Richmond Westend
- Centura College Virginia Beach
- Chamberlain College of Nursing
- Christopher Newport University
- College of William and Mary
- Dabney S Lancaster Community College
- Danville Community College
- DeVry University Virginia
- Eastern Mennonite University
- Eastern Shore Community College
- ECPI University
- Emory and Henry College
- Everest College Arlington
- Everest College Chesapeake
- Everest College McLean
- Everest College Newport News
- Ferrum College
- Fortis College Norfolk
- Fortis College Richmond
- George Mason University
- Germanna Community College
- Hampden Sydney College
- Hampton University
- Hollins University
- ITT Technical Institute Chantilly
- ITT Technical Institute Norfolk
- ITT Technical Institute Richmond
- ITT Technical Institute Salem
- ITT Technical Institute Springfield
- J Sargeant Reynolds Community College
- James Madison University
- Jefferson College of Health Sciences
- John Tyler Community College
- Liberty University
- Longwood University
- Lord Fairfax Community College
- Lynchburg College
- Mary Baldwin College
- Marymount University
- Miller Motte Technical College Lynchburg
- Mountain Empire Community College
- National College Salem
- New River Community College
- Norfolk State University
- Northern Virginia Community College
- Old Dominion University
- Patrick Henry Community College
- Paul D Camp Community College
- Piedmont Virginia Community College
- Potomac College Herndon
- Radford University
- Randolph College
- Randolph Macon College
- Rappahannock Community College
- Regent University
- Richard Bland College of the College of William and Mary
- Roanoke College
- Saint Pauls College
- Sanford Brown College Tysons Corner
- Shenandoah University
- Skyline College Roanoke
- South University Richmond
- South University Virginia Beach
- Southeast Culinary & Hospitality College
- Southern Virginia University
- Southside Virginia Community College
- Southwest Virginia Community College
- Stratford University
- Sweet Briar College
- The Art Institute of Virginia Beach
- The Art Institute of Washington
- The Art Institute of Washington Northern Virginia
- The University of Virginia's College at Wise
- Thomas Nelson Community College
- Tidewater Community College
- University of Management and Technology (The)
- University of Mary Washington
- University of Phoenix Northern Virginia Campus
- University of Phoenix Richmond Campus
- University of Richmond
- University of Virginia Main Campus
- Virginia College
- Virginia Commonwealth University
- Virginia Highlands Community College
- Virginia Intermont College
- Virginia Military Institute
- Virginia Polytechnic Institute and State University
- Virginia State University
- Virginia Union University
- Virginia University of Lynchburg
- Virginia Wesleyan College
- Virginia Western Community College
- Washington and Lee University
- Westwood College Annandale
- Westwood College Arlington Ballston
- Wytheville Community 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 futures 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 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 Virginia and throughout the nation. Make certain your or your student's interests are protected - Contact National Title IX attorney Joseph D. Lento today.
