Title IX is a federal civil rights law prohibiting sexual discrimination at all schools receiving federal funding. When a school is made aware of an allegation such as sexual misconduct they are required to investigate by collecting evidence and holding a hearing where a judgment is issued. Violators may potentially face harsh penalties such as suspension or expulsion. These incidents often are further complicated due to alcohol consumption at the time and many of the accused report the school rushed through the investigation with minimal consideration for their rights. Violators have a right to approach the Office of Civil Rights (OCR) with a complaint for a possible reinvestigation of the matter from an independent perspective. It is highly recommended that students considering an OCR complaint first consult with an attorney. Joseph D. Lento is an attorney who will aggressively defend students in Mississippi in these actions.
University of Mississippi Facing Two Related Lawsuits (2018)
The Daily Mississippian reported on a lawsuit recently filed by the plaintiff “Andrew Doe” against the University of Mississippi, which claims the school showed gender bias in a Title IX investigation that found him “responsible” for misconduct. The University Judicial Council concluded that Doe demonstrated sexual misconduct and suspended him for one year. He then unsuccessfully appealed the ruling and his penalty was increased to expulsion from the school. This is the second of two similar lawsuits brought against the university this year. In this other matter involving plaintiff “John Doe”, the school is alleged to have denied him “basic procedural due process”. Mississippi Facing Two Related Lawsuits (2018) Title IX Violations in Mississippi
Title IX Violations in Mississippi
Title 34 of the Code of Federal Regulations outlines the specific provisions within Title IX. Other similar civil rights laws include:
- Title VI: The Civil Rights Act of 1964 regarding discrimination based on race, color, and origin
- Section 504: The Rehabilitation Act of 1973 regarding discrimination based on disabilities
- Title II: The Americans with Disabilities Act of 1990
- The Age Discrimination Act of 1975
School Investigation & Appeals Process
After analyzing the evidence and questioning parties involved the school will reach a conclusion of findings. If the school determines the student did violate the rules, the student is entitled to an appeal of the decision. If this appeal fails an OCR complaint must be filed within 180 days. Those who fail to meet this 180-day deadline must first present sufficient documentation to justify the cause of the delay prior to being eligible to file a complaint.
OCR Complaint Considerations
After a failed appeal, a student wishing to pursue an OCR complaint should consult with an attorney who is familiar with this area of legal practice. The OCR complaint must be convincing enough for the agency to consider taking action and they also must confirm that the matter falls within the scope of their legal authority.
Benefits of Retaining a Lawyer for an OCR Compliant
Having an experienced attorney on your side will be to your benefit. The OCR provides a template that may be used to format the complaint or it may be submitted in the form of a letter. Your attorney will assist you in constructing a letter that is more likely to be effective. Those who wish to file a complaint beyond the 180-day deadline will also benefit from having their attorney put this waiver request in writing.
Attorney Defends Students in Title IX Violations in Mississippi
At the Lento Law Firm, we understand the investigations conducted in response to allegations of sexual misconduct are often done haphazardly and without regard for the rights of the accused. Title IX violators may be subjected to sanctions and penalties that have difficult consequences. We encourage those needing legal assistance with these matters in Mississippi to contact Joseph D. Lento at (888) 535-3686 or online.
Mississippi colleges and universities where Joseph D. Lento can help as your or your
- Alcorn State University
- Belhaven University
- Blue Cliff College
- Blue Mountain Christian University
- Coahoma Community College
- Copiah–Lincoln Community College
- Delta State University
- East Central Community College
- East Mississippi Community College
- Hinds Community College
- Holmes Community College
- Itawamba Community College
- Jackson State University
- Jones County Junior College
- Meridian Community College
- Millsaps College
- Mississippi College
- Mississippi Delta Community College
- Mississippi Gulf Coast Community College
- Mississippi State University
- Mississippi University for Women
- Mississippi Valley State University
- Northeast Mississippi Community College
- Northwest Mississippi Community College
- Pearl River Community College
- Rust College
- Southeastern Baptist College
- Southwest Mississippi Community College
- Tougaloo College
- University of Mississippi
- University of Southern Mississippi
- Wesley Biblical Seminary
- William Carey University
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 Mississippi 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 Mississippi and throughout the nation. Make certain your or your student's interests are protected - Contact National Title IX attorney Joseph D. Lento today.
