Colleges and universities in the country must maintain compliance with several sets of federal guidelines that pertain to civil rights. The U.S. Department of Education enacted Title IX rules prohibiting discrimination in 1972. Failure to comply could result in a college or university losing their federal education funds. Those students alleged to have violated the rights of another through actions of sexual misconduct, face a disciplinary process that can lead to possible sanctions or penalties. When the accused contests the ruling of the school's investigation they may consider filing a complaint with the Office of Civil Rights (OCR). The OCR reevaluates such allegations as an independent third-party if they barielieve a complaint has merit. Fortunately, the Lento Law Firm is available to assist those needing effective legal assistance.
Campus Investigations
Campus administrative staff is designated for addressing Title IX concerns. Upon receiving an allegation for violations such as sexual harassment or assault an investigation begins. After completing their inquiry, a hearing is conducted where the school reveals their findings and may impose sanctions. Students facing significant penalties such as suspension or expulsion may choose to file an appeal within the required time frame outlined in the grievance provisions.
Next Phase
When a student is unsuccessful in the appeals process they may consider filing a formal OCR complaint. It is strongly suggested these individuals consult with experienced legal counsel. A formal OCR complaint filed with help from an attorney is much more likely to be effective in convincing the agency to reevaluate the findings of the investigation.
Reasons for OCR Dismissals of Complaints
- The complaint extends beyond their range of legal authority
- The allegations do not appear to suggest that an OCR violation has occurred
- Complainant does not respond to a request made within the 14-day period allotted
- It was filed after the deadline and no waiver of time is granted
- Allegations are determined to be “speculative, conclusory, or incoherent” or do not suggest actions of a discriminatory nature
- An agency that uses an acceptable process for handling Title IX complaints has or is now investigating the matter
- A federal or state court has received a filing alleging the same or related facts contained in the complaint
- The complaint is one of a series of filings against recipients that places an undue strain on the resources available to the OCR
- A resolution was reached in the matter elsewhere
The Standard of Evidence
The original provisions the Department drafted for Title IX did not specify the standards of evidence to use in these actions. This is the burden of proof necessary, which has long been considered as being by the “preponderance of the evidence”. The Department announced a proposal this year that would allow administrators to use their discretion and consider a “clear and convincing evidence” standard also. With the current volatility associated with the provisions of the Title IX investigative process, it is of even greater importance to retain legal counsel familiar with this area of practice.
University Disciplinary Defense Attorney in Arkansas
Administrators designated to gather the facts and assess allegations in student disciplinary actions sometimes proceed without regard for the due process rights of the accused. Joseph D. Lento is an attorney with a tremendous understanding of the dynamics involved with these matters. Those facing difficult penalties and sanctions are encouraged to contact the office for a consultation at (888) 535-3686.
- Arkansas Baptist College
- Arkansas Northeastern College
- Arkansas State University Beebe
- Arkansas State University Main Campus
- Arkansas State University Mountain Home
- Arkansas State University Newport
- Arkansas Tech University
- Black River Technical College
- Bryan University
- Central Baptist College
- College of the Ouachitas
- Cossatot Community College of the University of Arkansas
- Crowley's Ridge College
- East Arkansas Community College
- Ecclesia College
- Harding University
- Henderson State University
- Hendrix College
- ITT Technical Institute Little Rock
- John Brown University
- Lyon College
- Mid South Community College
- National Park Community College
- North Arkansas College
- NorthWest Arkansas Community College
- Ouachita Baptist University
- Ozarka College
- Philander Smith College
- Phillips Community College of the University of Arkansas
- Pulaski Technical College
- Remington College Little Rock Campus
- Rich Mountain Community College
- South Arkansas Community College
- Southeast Arkansas College
- Southern Arkansas University Main Campus
- Southern Arkansas University Tech
- University of Arkansas
- University of Arkansas at Little Rock
- University of Arkansas at Monticello
- University of Arkansas at Pine Bluff
- University of Arkansas Community College Batesville
- University of Arkansas Community College Hope
- University of Arkansas Community College Morrilton
- University of Arkansas Fort Smith
- University of Central Arkansas
- University of Phoenix Little Rock Campus
- University of Phoenix Northwest Arkansas Campus
- University of the Ozarks
- Williams Baptist College
Students and parents at times do not realize until after a finding of responsibility and the imposition of adverse sanctions that sexual misconduct allegations at college can result in severe consequences academically and professionally and in the short and long-term. The earlier the necessary steps are taken to address a Title IX case, the better, because these are cases that can be won at the school-level. There are times, however, that the help of the Department of Education Office of Civil Rights (DOE-OCR) is needed and Joseph D. Lento has a decade of experience passionately fighting for the futures of his clients at colleges and universities throughout the nation and has helped many clients seek recourse with the DOE-OCR. 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 and New York, who helps students in Arkansas with DOE-OCR Title IX complaints, 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 to students facing disciplinary throughout the nation. Make certain your or your student's interests are protected - Contact National Title IX attorney Joseph D. Lento today.
