Blog

What Does Catherine Lhamon’s Appointment Mean for Students Accused of Title IX Violations?

Posted by Joseph D. Lento | Nov 02, 2021 | 0 Comments

Being accused of a Title IX violation is no laughing matter and can result in serious long-term consequences. While President Obama was in office, the then-assistant secretary of education for civil rights, Catherine Lhamon, worked in the Department of Education as the Assistant Secretary for Civil Rights, expanding the Title IX regulation enforcement to meet her specific requirements without public comment or regulatory approval. During that time, as colleges and universities were fraught with sexual assault accusations, the new rules made it easy for universities to punish students without due process.

And now, she's back. President Biden has tapped Lhamon to return to the Office of Civil Rights (OCR).

What is Title IX?

Title IX is a federal regulation that creates a specific standard that all federally funded colleges and universities must uphold when managing sexual discrimination and sexual violence on their campus. These standards include:

  • Clear and immediate procedures for sexual misconduct allegations
  • Designated personnel to handle instances of sexual violence
  • In Title IX hearings, the standard of evidence should be “more likely than not” or “preponderance of the evidence"
  • Both parties involved should have access to the same procedures – advisors, appeals, and presentation of the evidence
  • Retaliation protection

Who is Catherina Lhamon?

Between 2013 and 2017, the OCR dictated how schools could handle sexual assault and assault allegations on campus. They were given specific instructions and informed by Lhamon that they would lose their federal funding if they did not comply or heed her commands. These threats resulted in administrations believing the complainants first, creating a bias against the accused students. They lowered the standard of evidence, restricted cross-examinations during hearings, and prevented schools from offering informal resolution proceedings. This level of control virtually destroyed due process and the ability to carry out fair proceedings.

With the changes to Title IX made last year, schools have a more balanced approach to handling Title IX violations. They can protect their students but also require a higher bar of evidence to protect accused students from false allegations. There are greater informal resolution processes, and the shift towards a more fair and due process is clear.

What Does This Mean for Students Accused of Title IX Violations Now?

Many are worried that with Lhamon back in power, she will again arbitrarily change the focus of Title IX to one that sets real and honest justice aside. These specific rules would again force schools to comply with or face the harsh threat of losing funding, resulting in the removal of accused students; their lives changed drastically forever.

If you or someone you love has been accused of a Title IX violation, contact Attorney Joseph D. Lento today. Attorney Lento has helped hundreds of students across the country successfully navigate Title IX accusations. Call 888-535-3686 today for a consultation, or schedule one online.

About the Author

Joseph D. Lento

"I pride myself on having heart and driving hard to get results!" Attorney Joseph D. Lento passionately fights for the futures of his clients nationwide. Mr. Lento represents students and others in disciplinary cases and other proceedings at colleges and universities across the United States. Mr. Lento has helped countless students, professors, and others in academia at more than a thousand colleges and universities across the United States, and when necessary, he has sought justice on behalf of clients in courts across the nation. He does not settle for the easiest outcome, and instead prioritizes his clients' needs and well-being. Joseph D. Lento is licensed in Pennsylvania, New Jersey, and New York, is admitted pro hac vice as needed nationwide, and he can help you or your student address school-related issues and concerns anywhere in the United States.

Comments

There are no comments for this post. Be the first and Add your Comment below.

Leave a Comment

Contact Us Today!

footer-2.jpg

If you, or your student, are facing any kind of disciplinary action, or other negative academic sanction, and are having feelings of uncertainty and anxiety for what the future may hold, contact our offices today, and let us help secure your academic career.

This website was created only for general information purposes. It is not intended to be construed as legal advice for any situation. Only a direct consultation with a licensed Pennsylvania, New Jersey, and New York attorney can provide you with formal legal counsel based on the unique details surrounding your situation. The pages on this website may contain links and contact information for third party organizations - the Lento Law Firm does not necessarily endorse these organizations nor the materials contained on their website. In Pennsylvania, Attorney Joseph D. Lento represents clients throughout Pennsylvania's 67 counties, including, but not limited to Philadelphia, Allegheny, Berks, Bucks, Carbon, Chester, Dauphin, Delaware, Lancaster, Lehigh, Monroe, Montgomery, Northampton, Schuylkill, and York County. In New Jersey, attorney Joseph D. Lento represents clients throughout New Jersey's 21 counties: Atlantic, Bergen, Burlington, Camden, Cape May, Cumberland, Essex, Gloucester, Hudson, Hunterdon, Mercer, Middlesex, Monmouth, Morris, Ocean, Passaic, Salem, Somerset, Sussex, Union, and Warren County, In New York, Attorney Joseph D. Lento represents clients throughout New York's 62 counties. Outside of Pennsylvania, New Jersey, and New York, unless attorney Joseph D. Lento is admitted pro hac vice if needed, his assistance may not constitute legal advice or the practice of law. The decision to hire an attorney in Philadelphia, the Pennsylvania counties, New Jersey, New York, or nationwide should not be made solely on the strength of an advertisement. We invite you to contact the Lento Law Firm directly to inquire about our specific qualifications and experience. Communicating with the Lento Law Firm by email, phone, or fax does not create an attorney-client relationship. The Lento Law Firm will serve as your official legal counsel upon a formal agreement from both parties. Any information sent to the Lento Law Firm before an attorney-client relationship is made is done on a non-confidential basis.

Menu