Title IX Discipline Defense

Suppose you have been accused of sexual assault or harassment by your college or university in New Jersey. In that case, you may already understand how stressful and difficult the investigation and disciplinary process can be. While there is no question that actual victims of sexual assault and harassment should be able to file complaints and ask their schools to discipline their attackers and harassers, it's equally true that innocent students accused of discriminatory behavior should not be punished.

Sexual harassment and assault complaints filed by college students against other students or school employees are typically covered by a federal law known as Title IX. This law, and its many regulations and rules, requires schools to have procedures in place to investigate reports of sexual discrimination and assault and to discipline students found to have violated Title IX's protections. Schools take this responsibility seriously, and students who violate Title IX are regularly suspended or expelled. Being accused of Title IX misconduct can quickly derail a student's academic career and can affect their life for years to come. If you've been accused of Title IX misconduct, contact the Lento Law Firm's Student Defense Team for help. Call us at 888.535.3686 or use our contact link to schedule a confidential consultation to learn how our experienced attorneys can defend you against the kinds of misconduct allegations that could derail your college career.

Because schools are required to enforce Title IX or risk fines or loss of federal funding, most will make it easy for students to file Title IX complaints. Typically, the school will provide an online form or link that students can use to file complaints, and there tend to be few consequences if a student files a complaint that is found to be unfounded or even false.

Once a complaint is filed, the school will initiate an investigation that can then lead to a disciplinary proceeding against the student or faculty member accused of Title IX misconduct. While the school is required on paper to treat the accused student as innocent until proven otherwise and to conduct an impartial investigation and disciplinary proceeding, the sad fact is that many schools will say one thing and do another – rushing the investigation, looking for evidence that supports the accuser while ignoring evidence that could help the accused student, and putting disciplinary procedures in place that make it more difficult for the accused student to defend themselves against the allegations.

As a result, it's not unusual for students falsely accused of Title IX misconduct to be found responsible and to be severely disciplined by their school. This is why it's so important if you've been accused of Title IX misconduct to fight back and defend yourself, and the best way to do this is to work with an experienced Title IX attorney, someone who knows how to fight to protect your rights.

This isn't meant to suggest that every Title IX complaint is false or even that false Title IX complaints are filed maliciously. In many cases, the complaint is the product of a misunderstanding or misinterpretation of one of the student's intent; in others, it's a product of regret that naturally follows from a lapse of judgment by one or both of the students. However, with the potential consequences of Title IX misconduct being so severe, it's vitally important for the accused student to take the complaint seriously and mount as strong a defense to the allegations as possible.

This is where things can get tricky. Despite claiming that their investigation procedures and disciplinary proceeding rules are fair to both the accuser and the accused, the way schools tend to apply those procedures and rules tends to favor the accused. This means you need to work extra hard to protect your rights and defend yourself against Title IX misconduct allegations. Another problem is that Title IX rules periodically change, and the way one school applies those rules may differ from the way another school does, even if the schools are both in New Jersey. As a result, the best way to ensure you have the best defense is to retain a Title IX attorney who has experience defending students accused of Title IX misconduct, someone who has experience with many different school disciplinary proceedings, and who stays on top of the Title IX law and its periodic rule revisions.

One additional warning: Some Title IX infractions, such as sexual assault, may also be crimes in New Jersey. It's not unusual for schools to refer these kinds of cases to local law enforcement for potential criminal prosecution. This is why it's doubly important if you're facing a sexual assault Title IX allegation, to work with an attorney who has experience defending students both in their school disciplinary proceedings and in criminal investigations and prosecutions. You don't want to fall into the trap, for example, of admitting to conduct you may not have committed in your Title IX case just to get it over with, only to have that admission used against you in a criminal prosecution.

The Rutgers University Police Department, for example, "operates 24 hours a day, 365 days a year", with the mandate of investigating potential crimes and disturbances on the campus. There are many ways that an allegation of sexual harassment or other sexual misconduct can spiral into a criminal case, at which point you're at a critical juncture.

The Lento Law Firm's Criminal Defense Team has experience defending students in school Title IX investigations and disciplinary proceedings, as well as in criminal investigations and cases based on Title IX allegations. Our attorneys closely follow Title IX rule changes and have experience with a wide range of school disciplinary procedures. This allows us to provide you with both a strong defense to your Title IX disciplinary proceeding and to any criminal proceedings that might follow from that.

For the majority of students, however, the main concern is the Title IX investigation and disciplinary case. Relatively few Title IX cases are referred to local authorities for criminal prosecution. To learn more about what Title IX is all about and what you can expect if you're accused of Title IX misconduct, read on.

What is Title IX?

The Higher Education Act of 1965 was amended in 1972. Among these amendments was what has become known as Title IX, a law designed to create equity in education between men and women. The entire text of Title IX reads as follows:

“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, at its core, requires schools to treat students the same, no matter what sex the student is. Courses, facilities, and educational opportunities are required to be equal for men and women. Every educational institution that accepts federal funding – colleges, universities, high schools, and grade schools – is required to follow Title IX. This includes, of course, colleges, universities, and other schools across New Jersey.

While most of us may think that Title IX applies to students, in fact, it really only applies to schools. But what that means is that schools are required to enforce Title IX on campus to show the government that Title IX's requirements are being taken seriously by the school. This means that not only must the school make sure it provides equal educational and other opportunities to male and female students, but also the school must make sure that its students and employees don't discriminate, harass, or assault students or employees based on their sex.

Schools that don't adequately implement or enforce Title IX on campus can be fined, or in the worst case can lose their federal funding. These potential penalties are severe enough so that schools tend to actively and strenuously enforce Title IX, and impose serious penalties when a student is found to have committed Title IX misconduct.

From its origins, which were designed to help women achieve parity with men on campus, Title IX has grown. It now protects against a number of different types of discrimination and harassment, including:

• Sexual violence (including assault, rape, coercion, battery, and abuse)
• Sexual harassment
• Discrimination and bullying based on a student or employee's sex, sexual orientation, gender expression, or gender identity
• Employment discrimination based on gender or other protected qualities
• Unequal or unfair treatment of female athletes, such as in the area of scholarships, funding for athletic programs, and other opportunities
• Discrimination against protected classes of students in academic fields, particularly traditionally male fields such as STEM

The scope of Title IX has changed over the years and continues to do so with each new presidential administration. Recent administrations have introduced rules that significantly change both who Title IX protects, and how schools are required to enforce Title IX. Each time this happens, there tends to be pushback in the form of lawsuits filed by states and schools that disagree with the proposed changes. New rules then get delayed, or modified, or dropped, depending on the outcome of those court cases.

The changing scope of Title IX and the fact that each school may implement it somewhat differently is another reason to work with an experienced Title IX attorney if you've been accused of Title IX misconduct. You want to be defended by someone who has experience with Title IX cases, who stays on top of the changes in the law and rules, and who understands the processes and procedures that schools use to enforce Title IX. Finally, in the rare case that could also lead to criminal charges, you want an attorney who will keep that in mind during your Title IX disciplinary proceeding.

The Lento Law Firm's Criminal Defense Team includes attorneys with years of Title IX defense experience. We regularly protect the rights of students all across New Jersey, and we understand how important it is to protect against both school disciplinary cases and potential criminal ones.

Title IX and Sexual Misconduct

When Title IX was introduced back in 1972, the focus was on providing women with the same opportunities that men had – to enroll in colleges and universities, to take courses, and to enjoy the same benefits of the educational environment that men had enjoyed for decades. Title IX was intended to equalize the learning experience.

The scope of Title IX has since expanded considerably, changing from one presidential administration to another, particularly in recent years. Protections for students have been expanded, so that students are now protected against discrimination and harassment based on not only their sex, but sexual orientation as well. In very recent years, the scope has increased further to include gender identity and gender expression, though there have been efforts to reverse some of these.

The changing landscape of Title IX protections is one of the challenges that schools, students, and attorneys face when matters get to the point where a disciplinary investigation or proceeding is taking place. It is safe to say, however, that where sexual misconduct is concerned – meaning non-consensual sexual contact, sexual abuse, sexual violence, and most kinds of sexual harassment – schools will apply Title IX in almost every case. That is because when a school fails to properly enforce Title IX on campus, the school faces potential fines and possible loss of federal funding.

Title IX Coordinator's Duties

Schools are required by Title IX to appoint a coordinator, someone whose responsibility is to make sure that the school abides by Title IX's requirements. These include making sure that the school provides equal educational and extracurricular opportunities to all students; that it has policies and procedures in place for the enforcement of Title IX rights among students and employees; that complaints of Title IX violations are investigated; and that students and employees found to have violated Title IX are disciplined.

The Title IX coordinator should also make sure that the accused student is treated fairly and that they're not treated as though they are guilty before their case has been investigated and a hearing held (or a settlement reached). Generally, the person who files the complaint (the complainant) and the accused student (the respondent) should receive equal treatment.

Unfortunately, this doesn't always happen. For one thing, there are typically few consequences for a student who files a false complaint, even if it's done maliciously. And when you compare the risk that the accused student faces if found to have committed Title IX misconduct – namely suspension or expulsion – to the lack of risk faced by the accuser, there is almost no way you can say that the two people are going to be treated the same way or have the same rights during the investigation and disciplinary stages of a Title IX case.

The best way to protect your rights during a Title IX case is by working with an experienced Title IX attorney. At the Lento Law Firm Criminal Defense Team, our Title IX attorneys know what obligations your school has to accused students, and we will fight to make sure your school meets those obligations. We regularly interact with Title IX coordinators when we defend accused students, reminding them of their obligations under the Title IX law and rules as well as generally under due process principles to treat the accused student fairly, as someone who is not guilty, just as the Title IX rules require.

The Title IX coordinator has many responsibilities. In addition to making sure the school complies with its Title IX obligations when it comes to things like admissions and opportunities, the Title IX coordinator is also responsible for other aspects of Title IX. These include:

1. Campus Climate Surveys. Coordinators will periodically conduct surveys of students and employees to determine whether Title IX has been effectively implemented on campus. One of their goals is to create a safe campus culture that treats all students alike, and that prevents sexual harassment, discrimination, and violence. Survey results can help inform whether that goal is being reached.
2. Disseminating Title IX Policies. Students and school employees need to know what's expected of them if they are going to be required to follow Title IX. A very important part of the Title IX coordinator's job is to teach students and employees about the school's Title IX policies, expectations, and enforcement procedures. If the Title IX coordinator fails to do this, students can find themselves being unfairly disciplined for conduct they were never told was against school policy.
3. is why it's important to have a clear understanding of your school's Title IX policies, especially if your school's coordinator is providing information or training about them. If the school provides you with opportunities to learn about what's expected of you and you fail to take advantage of them, you risk committing misconduct and will not be in a position to claim that the school failed to warn you in advance.
4. Monitoring Title IX Compliance. Someone needs to keep track of how the school is doing when it comes to implementing and enforcing Title IX on campus; this is one of the jobs of the Title IX coordinator.
5. Investigations and Disciplinary Measures. Under Title IX, schools are responsible for making sure that Title IX misconduct doesn't happen on campus. One of the tools they use to accomplish this is to investigate complaints of Title IX misconduct and discipline students who are found to have violated Title IX.
6. typical process includes reviewing incoming complaints and investigating those that allege Title IX misconduct; reviewing the results of the investigation and determining whether to move forward with the disciplinary case against the accused student; settling the matter or, where that's not possible, conducting a disciplinary hearing; then determining what punishment to administer where the accused student has been found to have committed Title IX misconduct.
7. common problem with Title IX coordinators is that they (or their investigators) will focus on uncovering evidence that supports the Title IX misconduct allegations. They will spend far less time trying to find evidence that helps the accused student. Generally, it seems that many Title IX coordinators want to believe the accuser to the point where they fail to provide the accused with the same rights that they give the accuser.
8. a result, accused students must generally fight harder to have their rights recognized and respected than do students who file Title IX complaints. And because the standard of proof for Title IX violations is low – “more likely than not,” versus “beyond a reasonable doubt” for criminal cases – it's even more important that the accused student is treated fairly throughout the entire Title IX process. Because the standard of proof is lower in Title IX cases than in criminal cases, schools are more likely to find students guilty of Title IX violations than courts are to convict defendants accused of crimes.

What Are Some Common Types of Sexual Misconduct Under Title IX?

Schools may refer to Title IX sexual misconduct by a number of different names – “sexual harassment,” “sexual misconduct,” and “Title IX misconduct” are some – but no matter what it's called, it will typically cover discrimination or harassment that relates to the sex, sexual orientation, gender expression, or gender identity of the victim, who can either be a student or a school employee. The protected classes of individuals might change from one presidential administration to another, so it's important to have an up-to-date understanding of what the protected classes are at any given time.

Common types of Title IX sexual misconduct include:

• Sexual Assault, Battery, or Coercion. This includes rape and typically addresses situations where sexual contact is forced on the victim or the victim is tricked into having sexual contact.
• Non-Consensual Sexual Contact. This covers sexual activity in situations where the victim did not consent to participate.
• Unwanted Sexual Advances. Making aggressive comments or gestures at someone for the sexual gratification of the person making the comments.
• Use of Sexually Suggestive Language. This can include making lewd comments, jokes, or “catcalls,” particularly when they are directed at a target individual.
• Verbal or Written Harassment. This can happen in person or online when the victim is harassed because of their sex, sexual orientation, or other protected reasons.
• Derogatory or Sexist Remarks. This is considered discriminatory behavior that focuses on the person's sex, sexual orientation, or some other protected aspect.
• Offensive Touching. Making unwanted contact with parts of the body that are normally considered sexually-related.
• Voyeurism. Secretly observing someone in an intimate or private setting without their permission for sexual pleasure.
• Distributing Intimate Photos. When one person has intimate photos or videos of another and distributes them without that person's permission.
• Gender-Based Bullying. Bullying someone based on their sex, sexual orientation, gender identity, or other protected aspect.
• Dating Violence. Violent acts committed against someone the aggressor is dating or is in a relationship with.

What Goes Into a Title IX Investigation?

There are a number of steps that go into a Title IX disciplinary investigation. While at times it might feel as though you're in the middle of a police investigation, Title IX disciplinary proceedings are not criminal cases; nor are they civil lawsuits. They are run completely by your school, and any penalty imposed will be based on your relationship as a student enrolled with the school.

Another difference between a law enforcement investigation and a Title IX investigation is that most law enforcement officers have received a considerable amount of training in how to investigate and what types of investigative techniques are appropriate (and not). School Title IX investigators typically have far less training, and the consequences of that often show in the poor quality of the work that they do. Too often we at the Lento Law Firm find that Title IX investigators focus too heavily on finding evidence to support the complainant's allegations, and not enough on finding all of the evidence relating to the incident – even evidence that may help the accused student. As a result, in many cases we will conduct our own investigations to find the information about the incident that the school's Title IX investigator “missed.”

Here are some of the important stages of the Title IX disciplinary process:

• Reporting Deadlines and Institutional Response. Generally speaking, most schools don't place time limits on when Title IX complaints can be filed. Of course, the more time that passes between when an incident took place and when it's reported to the school, the more difficult it can be to investigate it. This can affect both sides, unfortunately – evidence that can exonerate the accused student may be more difficult to collect as time passes.
• complaints are filed with the Department of Education's Office of Civil Rights. These are usually complaints made against the school, for example for failing to take appropriate steps to implement and enforce Title IX. The DOE-OCR normally requires these types of complaints to be filed within 180 days of when the incident alleged in the complaint happened.
• Notification to All Parties. Once the Title IX complaint is on file with the school and the Title IX coordinator has appointed an investigator, the complainant and the respondent (the accused student) will receive a notice about the matter. The notice will provide:
• Information about the allegations in the complaint sufficient so that the accused student can respond to it. This may include the names of those involved, unless the complainant has asked for that information to be kept confidential. It will also describe the alleged misconduct, and the place and time it allegedly occurred.
• A warning to the accused student that retaliation against the accuser is prohibited.
• A statement that the accused student is “presumed not responsible” for the actions alleged in the complaint.
• An explanation about the school's hearing process, which can vary depending on the Title IX rules then in force and the policies adopted by the school. For example, hearings may take place before a single person, called a “decisionmaker,” or they may be before a disciplinary panel made up of several members.
• A description of the school's policies concerning access to the evidence collected by the investigator; in some cases, the school may first only provide access to an evidence summary, but will eventually allow access to actual evidence if requested.
• A warning that making false statements during any part of the process is prohibited, and can result in additional discipline.

The exact content of the notice will vary depending on the school and the situation. It will also depend on what the Title IX rules that are then in force require. If you receive one of these notices from your school informing you that you've been accused of Title IX misconduct, you should contact an experienced Title IX attorney immediately. The sooner you do so, the more the attorney can do to help defend you against the allegations and protect your rights throughout what can be a long investigative and disciplinary process.

1. Determining Interim Measures. In some cases, the Title IX coordinator will order what are called “interim” or “supportive” measures. These are generally temporary actions taken during the investigation that are supposed to help protect the complainant from having unwanted contact with the accuser. They will vary depending on the situation, but can include “no-contact orders,” class reassignments, residence hall transfers, changes to your class schedule including assignment to a virtual class, and in some cases forced leaves of absence. Note that it's usually the accused student who is forced to make changes, despite the school's claim that the student is “presumed not responsible” during the investigation and hearing stages.
2. Gathering Evidence and Scheduling the Initial Interview. In most cases, the Title IX investigator will conduct separate meetings with the complainant and with the accused respondent. These are sometimes called “intake meetings.” The investigator will question you about the alleged incident, and may use information from this meeting to make decisions about any interim or supportive measures to take. Whether you are allowed to have an attorney present at this meeting will depend on your school's Title IX procedures and the Title IX rules that are in effect at the time. But even in cases where your attorney isn't allowed at the intake meeting, they can help you prepare for the kinds of questions you might face and how to respond in a way that doesn't harm your defense.
3. from the intake meeting, the investigator will gather evidence, including witness statements, and different types of records depending on the situation. Frequently investigators will ask for mobile phone records, social media posts, emails, photos, videos, and documents that relate to the incident.
4. the federal government has stated that the school should conduct an equitable investigation, where both sides are treated equally, that doesn't always actually happen. As noted above, many investigators appear to be hunting for evidence to support the complaint, and don't put the same amount of effort into locating evidence that could help the accused student. Working with an experienced Title IX attorney can make a difference at this stage. The attorney can put the school on notice when it's failing to equitably investigate the allegations, and can also conduct an investigation on your behalf to uncover evidence that might be helpful to your case that the school's investigator “missed.”
5. Options for Informal Resolution. At the discretion of the Title IX coordinator, you may have the chance to resolve your case via an informal mediation process. This can sometimes result in a negotiated resolution of the complaint that is more favorable to the accused student than what they could expect at a formal hearing. Your Title IX attorney can help you evaluate the informal resolution offer, if one is made, to determine whether it might make sense in your case to give the mediation process a try.
6. Formal Hearing. If the matter isn't resolved informally, it will likely proceed to a hearing. The structure of this hearing depends very heavily on the Title IX rules that are in force at the time. It also depends on your school's hearing procedures. For example, the Title IX rules might allow a single “decisionmaker” to determine the outcome of the hearing; but your school may provide for a panel of several people to make that decision instead.
7. any case, hearings will differ from court trials. If the Title IX rules allow, for example, the decisionmaker or panel might meet separately with each witness, including each party, and question them individually instead of allowing your attorney and the complainant's attorney to ask questions. Or the school may elect to conduct a hearing where both sides are present, and lawyers are allowed to participate and question witnesses.
8. hearing procedures can differ depending on the state of Title IX law and the rules adopted by your school, you are generally better off if you are defended by an experienced Title IX attorney. Working with someone who has defended many other students before, and who is used to the different types of hearings that schools conduct, will provide you with a much better defense than if you have to try to figure the process out for yourself.
9. Written Summary and Possible Sanctions. Hearing panels are required to issue written decisions. The decision must be based on the hearing and should note what sanction, if any, will be applied in the case. The potential sanctions are entirely up to the school; Title IX does not require any particular sanction for any particular violation.
10. Appeals. Both sides may be allowed to appeal from a hearing decision. Depending on the Title IX rules in force at the time, the right to an appeal may be a Title IX requirement. But in any case where appeals are allowed, if the hearing panel rules in favor of the accused student, the complainant can file an appeal with the school. And if it rules against the accused student, that student can appeal. The grounds for a successful appeal are limited, however. Your Title IX attorney can help determine whether an appeal is possible in your case, and whether it's likely to succeed.

What Do I Need to Know About the Title IX Disciplinary Process at My University or College?

Schools are required to notify students accused of Title IX misconduct about the major parts of the school's Title IX disciplinary process. Your school's code of conduct, Title IX rules, or student manual may also describe what the Title IX process is like. Note that at many schools, the Title IX disciplinary process will differ from the process the school uses in other non-Title IX misconduct cases.

That said, the best way to make sure you understand what the Title IX process will be like for your case is to work with an experienced Title IX attorney, someone who has defended many other students in similar situations across the state of New Jersey. The Lento Law Firm Criminal Defense Team includes attorneys who have that experience, and can help you protect your rights and defend you from start to finish in your Title IX case.

How Do the Title IX Rules Apply to High Schools and Grade Schools?

Title IX applies at any school that accepts federal funding, which many high schools and grade schools across New Jersey do. The disciplinary process is somewhat different than the one required at colleges and universities; for example, there is unlikely to be a hearing to resolve the Title IX misconduct complaints, though some schools may provide for one. An experienced Title IX attorney can be a significant help if your child has been accused of Title IX misconduct in grade or high school. Your attorney will understand the school's procedures, the Title IX rules that apply to the case, and how best to defend your child in that setting.

Will the School Automatically Believe the Complainant in a Title IX Case?

While the Title IX rules may state that accused students are presumed innocent until proven otherwise, it's a sad fact that school personnel don't always take those requirements to heart. The Lento Law Firm's Criminal Defense Team has seen it happen over and over – schools that claim to be acting impartially will favor the complainant and discriminate against the accused respondent, particularly when there are no other witnesses in the case.

A strong defense, however, can change that. Working with one of the experienced Title IX attorneys from the Lento Law Firm Criminal Defense Team can make a significant difference. If necessary, we will conduct our own investigation of the allegations made in the Title IX complaint to try to uncover evidence that can help you with your defense – evidence that the Title IX investigator “missed.” And the stronger your defense, the more difficult it will be for the school to trample on your rights – and the more likely it will be that the school will believe you over the complainant.

Schools understand that when an experienced Title IX attorney is representing the accused student, the stakes for the school are higher. The school can get away with far less in terms of ignoring the accused student's rights, and they know that if they go too far they may face significant civil liability for failing to properly administer the Title IX case.

What Sanctions Are Possible in a Title IX Case?

Unlike criminal statutes, which typically come with a range of potential penalties, schools don't specify what your sanction will be if you violate Title IX. That leaves the school free to impose whatever penalty it wants, depending on the circumstances. And because schools want to show the DOE that they are taking Title IX enforcement seriously, schools are more likely to issue serious penalties to students found to have committed Title IX misconduct.

So while the school may in theory be able to verbally warn a student found to have committed Title IX misconduct, it's more likely to punish the student more severely – by suspending or expelling them, for example. And if your school has recently been accused of failing to properly enforce Title IX, it's even more likely that the punishment will be at the harsher end of the spectrum. The fact is, however, that you don't know what the possible penalty might be for any particular case. Working with an experienced Title IX attorney can help, because they will have seen what your school or other schools do in similar cases, and will also be in a position to mount a strong defense to the allegations against you.

Potential Collateral Consequences for Students Accused or Found Guilty of Title IX Violations

When many people look at Title IX disciplinary cases, they focus on the actual penalties that schools can apply. However, it's important to consider the additional effects these penalties can have on your life. Being suspended, for example, means more than missing school for a few months or a year. Here are some examples:

• Restrictions and Limitations from Interim Measures. When a school imposes “interim” or “protective” measures during the investigation and hearing phase of a Title IX case, it can severely disrupt your education. You might be forced to change classes; move out of university housing; avoid certain buildings on campus; modify your class schedule; stop participating in certain campus groups; or even take a leave of absence until after the investigation is complete. This is probably not what you expected when you enrolled, and it can take a serious toll on your mental well-being.
• Suspension or Dismissal. In addition to the difficulty of finding another school to attend with a suspension or expulsion on your record, these types of discipline can haunt you as you attempt to move forward with your education. Indeed, you may have to make significant changes in your education plans just to be able to continue in the same field of study, and you might find it very difficult to be admitted at a school of the same quality as the one you were forced to leave. On top of all of this is the fact that your suspension or expulsion will appear on your academic record, and if an employer wants to see your transcript before hiring you, this could be a significant barrier to employment.
• Notation on the Student's Academic Record. Even lesser penalties can haunt you for years if they are noted on your transcript. A probation or a written warning, for example, might make the difference between an employer hiring you or hiring someone else.

Can I Appeal a Title IX Decision?

Depending on the state of the Title IX rules currently in force and your school's appeal policies, you may have a right to an appeal. The problem with any appeal is that you will be appealing to the same school that disciplined you in the first place. On top of this, appeals won't be successful unless you're able to prove that certain types of irregularities occurred during the case that were serious so that they would change the outcome of the case.

That's not to say that appeals never work – they do, but only under certain circumstances. If you have questions about your situation, contact the Lento Law Firm to speak with one of our experienced Title IX attorneys. They'll help you determine whether an appeal might be possible in your case and, if so, its chances of success.

How Can an Attorney Assist With Title IX Disciplinary Matters?

Once you've been notified that a Title IX misconduct complaint has been filed against you, you may feel as though your life has been turned upside down. Instead of focusing on your studies and your future, you worry about what's going to happen next; what the investigation will be like, whether you'll be able to defend yourself, what kind of sanctions you might be facing. It can be an enormous help to have someone on your team who has faced this kind of situation not once, not twice, but many times before. An experienced Title IX attorney can take much of the burden off of your shoulders, giving you the peace of mind and mental space you need to get through this difficult time. Some of the ways the Title IX attorneys from the Lento Law Firm can help you include:

• Comprehensive Knowledge of the Title IX Process. You won't have to worry about what's going to happen next, or whether there are any deadlines you need to meet, or whether there are new Title IX rules that apply in your case; your Title IX attorney will stay on top of all of that, and will make sure you understand what's happening at each stage. When you need to speak with the investigator, your attorney will prepare you so you are much more comfortable doing so. Your lawyer will also communicate when necessary with the Title IX coordinator, saving you the stress of having to do so yourself. And if your case goes to the hearing stage, your attorney will be there by your side, defending you against the charges and protecting your rights.
• In-Depth Investigative Skills. As we've noted above, you can't rely on the school's Title IX investigator to collect evidence that you can use to defend yourself. They tend to be much more focused on proving the complaint than on finding evidence that may disprove it. Your Title IX attorney, however knows how to look for and locate evidence that can be used to defend you against the misconduct allegations you're facing.
• Increased Accountability for the School. Schools know that when an experienced Title IX defense attorney is involved, they need to play by the rules, and make sure your rights are respected. School officials are very aware of the many lawsuits that have been filed as a result of the failure by schools to properly respect the rights of accused students in Title IX cases. When a Title IX attorney represents you, you're far more likely to get a fair hearing than if you were to represent yourself.

What to Do if You Are Accused of Title IX Sexual Misconduct

We can say from experience that the sooner you contact us and speak with one of our experienced Title IX attorneys, the better off you will be. We can help at every step of your case, from the investigation on through any hearing that might happen, and we will fight to defend you against the allegations and to protect your rights throughout the entire process. That's not to say you can't reach out to us if your case is at a later stage; we can help in those cases too, but as a general matter the sooner you contact us, the better. Even if you know you've been falsely accused, you can't rely on your school to defend you; you need to do that yourself, and working with an experienced Title IX attorney is simply the best way to make sure you'll be able to vigorously defend against the allegations.

• Get in Touch Immediately With an Experienced Title IX Attorney. We'll say it again – once you're notified that a Title IX misconduct complaint has been made against you, everything changes, and the sooner we get involved, the better your chances of successfully defending against the charges. Your school will move forward with your case whether you have an attorney or not; and while they may appoint an advisor to help you, there is really no substitute for an attorney who has a significant amount of experience helping clients with their Title IX cases.
• Gather Evidence to Support Your Case. You don't need to play detective; leave that to your Title IX attorney. But you know the facts of your case better than anybody, so write down everything you recall about the incident that is the focus of the Title IX complaint and any other information you think might be helpful. Make a list of witnesses who may have information that could be helpful – but avoid contacting them about your Title IX case, at least until you've spoken with your attorney about it. Find and save any text messages, social media posts, photos, videos, emails or other information that might be helpful.
• Be Careful What You Say During the Investigation. Don't try to speak to or communicate with the person who filed the complaint against you. And before you speak with the Title IX investigator, check with your attorney first. It may be possible for your Title IX attorney to be there when you do, which can be very helpful when it comes to making sure you only answer clear questions that you understand. Let your Title IX attorney be the contact person for as much communication with the Title IX investigator and the Title IX coordinator as possible.

Attorney for Title IX Cases

The Lento Law Firm has been helping students face Title IX misconduct allegations at schools all across the country, including from one end of New Jersey to the other. Our experienced Title IX attorneys know the law, the Title IX rules (including recent rule changes), and the different procedures schools use to investigate and resolve Title IX complaints.

Our Title IX attorneys are here for you; we will vigorously defend you and will fight for your rights from the moment we get involved. Your education and your future are too important for you to try to defend yourself from a Title IX misconduct charge. Call the Lento Law Firm today and speak with one of our Title IX attorneys. We can be reached at 888.535.3686, or use our contact form to schedule a confidential consultation.