If you go to college in Indiana and get accused of violating Title IX by committing sexual misconduct, you are likely to find that your school's disciplinary proceedings have a dark side. While they claim to be neutral and impartial, the investigation and hearing often seem designed to find that you violated the school's code of conduct.
Protecting your right to due process can be difficult. The Office for Civil Rights (OCR) is there to help, but they will only intervene if they are convinced to do so. Filing an effective OCR complaint can take the help and knowledge of a lawyer, but is well worth the time and effort.
The Office for Civil Rights
The Office for Civil Rights is a federal agency that is a part of the U.S. Department of Education. This agency's responsibility is to enforce the federal laws that impact the higher education system. However, because there are so many instances where these federal laws can apply and so few resources to expand, the OCR will only act in your case if you persuade them to. This takes a complaint filed within 180 days of the alleged violation of your rights.
The OCR Investigation Process
If the OCR decides to investigate your complaint, it will conduct its independent investigation into each of the allegations you set out in the petition. This stresses the importance of crafting a well-worded, persuasive, and broad OCR complaint to allow the agency to conduct a full investigation.
While this complaint is ongoing, your school is prohibited from intimidating or retaliating against you for filing the OCR complaint or implicating the agency in your case. If they do either of these things, it entitles you to file another OCR complaint and spawn another OCR investigation into your school's conduct.
Once the OCR finishes its investigation, it will issue a letter of findings to both you and to your school. If violations were found, the agency usually pushes for mediation. Your school can be penalized for refusing to attend mediation, and can even lose its federal funding for not taking the process seriously.
Facilitated Resolution Settles Most Cases
However, once the OCR becomes interested in a case, most colleges in Indiana move to settle the ordeal before much else happens. The OCR supplies a process to allow this to happen smoothly – called Facilitated Resolution Between the Parties – but does not take an active role in overseeing the settlement negotiation. However, if you and your school reach a settlement agreement and then your school violates its provisions, you can file another OCR complaint and urge the agency to conduct another investigation.
Joseph D. Lento: OCR Complaint Lawyer for Indiana
Joseph D. Lento is a student discipline defense attorney who helps to represent students accused of sexual misconduct and Title IX violations. Filing an OCR complaint is a frequent maneuver in these defense cases because schools tend to behave better when they know the federal agency is watching. To get help filing an OCR complaint in Indiana, contact attorney Lento online.
- Ancilla College
- Anderson University
- Ball State University
- Bethel College Mishawaka
- Brown Mackie College Fort Wayne
- Brown Mackie College Indianapolis
- Brown Mackie College Merrillville
- Brown Mackie College Michigan City
- Brown Mackie College South Bend
- Butler University
- Calumet College of Saint Joseph
- College of Court Reporting Inc.
- Crossroads Bible College
- DePauw University
- DeVry University Indiana
- Earlham College
- Fortis College Indianapolis
- Franklin College
- Goshen College
- Grace College and Theological Seminary
- Hanover College
- Harrison College Anderson
- Harrison College Columbus
- Harrison College Elkhart
- Harrison College Evansville
- Harrison College Fort Wayne
- Harrison College Indianapolis East
- Harrison College Lafayette
- Harrison College Muncie
- Harrison College Northwest
- Harrison College Terre Haute
- Holy Cross College
- Huntington University
- Indiana Institute of Technology
- Indiana State University
- Indiana University Bloomington
- Indiana University East
- Indiana University Kokomo
- Indiana University Northwest
- Indiana University Purdue University Fort Wayne
- Indiana University Purdue University Indianapolis
- Indiana University South Bend
- Indiana University Southeast
- Indiana Wesleyan University
- International Business College
- International Business College Indianapolis
- ITT Technical Institute Fort Wayne
- ITT Technical Institute Indianapolis
- ITT Technical Institute Merrillville
- ITT Technical Institute Newburgh
- ITT Technical Institute South Bend
- Ivy Tech Community College Bloominton
- Ivy Tech Community College Central Indiana
- Ivy Tech Community College Columbus
- Ivy Tech Community College East Central
- Ivy Tech Community College Kokomo
- Ivy Tech Community College Lafayette
- Ivy Tech Community College Northcentral
- Ivy Tech Community College Northeast
- Ivy Tech Community College Northwest
- Ivy Tech Community College Richmond
- Ivy Tech Community College South Central
- Ivy Tech Community College Southeast
- Ivy Tech Community College Southwest
- Ivy Tech Community College Wabash Valley
- Manchester College
- Marian University
- Martin University
- MedTech College
- MedTech College Ft Wayne Campus
- MedTech College Greenwood Campus
- Mid America College of Funeral Service
- Oakland City University
- Purdue University Calumet Campus
- Purdue University Main Campus
- Purdue University North Central Campus
- Rose Hulman Institute of Technology
- Saint Josephs College
- Saint Mary's College
- Saint Mary of the Woods College
- Taylor University
- The Art Institute of Indianapolis
- Trine University
- Trine University Regional/Non Traditional Campuses
- University of Evansville
- University of Indianapolis
- University of Notre Dame
- University of Phoenix Indianapolis Campus
- University of Phoenix Northwest Indiana Campus
- University of Saint Francis Fort Wayne
- University of Southern Indiana
- Valparaiso University
- Vincennes University
- Wabash 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 Indiana 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 cases in Indiana and throughout the nation. Make certain your or your student's interests are protected - Contact National Title IX attorney Joseph D. Lento today.
