Federal Title IX law requires schools and education programs to act quickly and severely as student violations of the policy put an institution's federal funding at risk. The guidelines of Title IX often fluctuate due to prevailing political winds. Still, the critical issue that never changes is a student's need for an experienced Title IX attorney's help when misconduct allegations arise.
Students facing the Title IX grievance process enter a world filled with long-lasting consequences, even if they're found "not responsible" for the allegations. If you or someone you love is a student accused of Title IX misconduct in Wyoming, the first step is taking the situation seriously.
What Is Title IX?
Title IX is a federal civil rights law passed in 1972 prohibiting sex-based discrimination in any federally-funded education program or activity. It's the sole method by which colleges, universities, and primary and secondary schools discipline sexual misconduct and harassment. Title IX also applies to workshops and training programs receiving funding from the U.S. government like:
- Preservation and restoration workshops conducted by national parks in Wyoming receiving funding from the Department of the Interior
- Entrepreneurial training sponsored by Wyoming's department of labor that obtains funding from the federal government's Small Business Administration
- Boater safety courses sponsored by Wyoming county parks and recreation departments funded by the U.S. Coast Guard
Changes to Title IX
Many Trump-era enforcement guidelines like cross-examination of witnesses, live hearings, and strict reporting guidelines are set to be overturned by the Biden Administration. According to a White House press release, the Department of Justice will add language to the law to "fully enforce civil rights laws to prevent discrimination on the basis of gender identity or sexual orientation."
The Biden Administration's new Title IX guidelines will also cover various forms of harassment that are now punishable under the law in addition to current violations:
- Dating/Domestic violence
- Providing false information or failure to report Title IX misconduct
- Retaliation
- Stalking
- Sexual assault
- Sexual discrimination
- Sexual exploitation
K-12 Title IX Process v. Postsecondary Title IX Process
As schools acclimate to changing Title IX guidelines, so must students that seek to prioritize their academic future. Reporting guidelines vary from K-12 to postsecondary education programs.
According to a report from Wyoming's Fremont County School District, new rules require a "teacher, teacher's aide, bus driver, cafeteria worker, counselor, school resource officer, maintenance staff worker, or other school employees" to report allegations of Title IX misconduct to the institution's Title IX Coordinator. Yet, the process at college and universities can be different.
For example, at the University of Wyoming (UW), faculty and staff that "experienced or witnessed discrimination…should promptly report such behavior" to the university's Title IX Coordinator. However, UW designates that both "supervisor(s)" and "university officer(s)" witnessing or receiving written or verbal reports of misconduct "must promptly report" the alleged incident. The "actual knowledge" requirement is fulfilled under federal guidelines once an institution's Title IX Coordinator is informed of the misconduct allegations, thus beginning the grievance process.
Title IX Grievance Process
Colleges and universities have similar processes for investigating and disciplining Title IX misconduct cases. While Central Wyoming College states that it will resolve matters within 60-90 business days following a formal complaint, schools seek to finish the process swiftly.
- The Title IX Coordinator contacts the alleged victim (complainant) to discuss the allegations.
- The Title IX Coordinator informs the accused (respondent) of the allegations.
- Both parties are afforded the right to select an advisor in the matter. The advisor doesn't have to be—but should be—an attorney.
- The Investigator, who cannot be the same person as the Title IX Coordinator, interviews both parties, gathers evidence, and interviews any witnesses involved.
- The Investigator will send all gathered evidence to both parties, who will have ten days to review and respond to the information.
- Colleges and universities must provide a live hearing (optional in K-12) where the Decision-Maker(s), who cannot be either the Title IX Coordinator or Investigator, will permit each party's advisor to cross-examine the other party and witnesses.
- The Decision-Maker(s) will enter into a deliberation period and base their determination of responsibility on the "preponderance of evidence" (at least 50 percent convinced).
- The complainant and the respondent can appeal the decision within a short timeframe, typically five days.
Parties can only file appeals due to a few circumstances. At UW, they include:
- Procedural irregularities affected the outcome of the grievance process
- New evidence emerges that was not reasonably available during the grievance process
- The Title IX Coordinator, Investigator(s), or Decision-maker(s) had a conflict of interest or bias for or against the complainant(s) or respondent(s)
- Negotiated resolutions are not appealable
Title IX's Harsh Consequences
Punishments are severe if a student is found responsible for Title IX misconduct, with minimum sanctions usually leading to a separation from studies via suspension or expulsion. If a teacher, employee, or vendor is found responsible for Title IX misconduct, they may suffer:
- Occupational position change
- Loss of employment
- Loss of tenure
- Restitution
- Revocation/Denial of professional license
- Rescinding/Withholding accolades or honorary degrees
The end of a student's academic career can be a traumatic ordeal, but the consequences are far more troublesome. For instance, an expelled student will have the offense detailed on their transcript, making admittance into another Wyoming school very tough. Even if the Title IX violation doesn't lead to expulsion, it may interfere with a student's ability to obtain financial aid or private scholarships, gain admittance to graduate school and make them ineligible for specific jobs and professional licenses.
How Can an Experienced Title IX Attorney Help You?
Schools cannot restrict parties in a Title IX investigation from discussing allegations or gathering evidence in the case. Once you are notified of a Title IX allegation, the school will be preparing its case, and you should be too. Only a Title IX attorney has the experience and comprehension to assist a student through the investigative, hearing, and appeals process.
Skilled Title IX advisor Joseph D. Lento has defended hundreds of students in Wyoming and from colleges and universities across the county. He knows how the administrative process works and can negotiate fair settlements for students so they can continue their studies. If you or someone you love in Wyoming is facing Title IX accusations, contact the Lento Law Firm today at 888-555-3686 or visit their online consultation form.
Wyoming 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:
- Casper College
- Central Wyoming College
- College America Cheyenne
- Eastern Wyoming College
- Laramie County Community College
- Northwest College
- Sheridan College
- University of Phoenix Cheyenne Campus
- University of Wyoming
- Western Wyoming 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 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 New York 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 Wyoming and throughout the nation. Make certain your or your student's interests are protected - Contact National Title IX attorney Joseph D. Lento today.
