Complaints relating to sexual misconduct are taken seriously on campuses today. Colleges and universities must comply with many federal guidelines or risk potentially losing their federal education funding. Title IX is a set of rules prohibiting discrimination that requires schools to follow their established protocol in investigating and ruling on alleged violations. They may impose sanctions on violators such as a suspension or expulsion. Those accused and found to have violated the rules may consider filing a formal complaint with the Office of Civil Rights (OCR) who may choose to review the matter as an independent third-party. Students facing difficult sanctions in these actions involving student discipline defense may find the help they need by contacting the Lento Law Firm.
College & University Investigations
Colleges in Oklahoma typically have an assigned Title IX coordinator. After receiving a serious complaint such as for sexual harassment or assault this administrative staff will begin their inquiry. The findings of their investigation are disclosed during a hearing and sanctions may be imposed. Those choosing to appeal the decision of the institution may do so by following the established grievance policy.
Filing an OCR Complaint
If the student is unsuccessful in the appeals process they may consider consulting with an experienced attorney about filing an OCR complaint. Your attorney should have the knowledge to increase the likelihood that the OCR would consider reevaluating the matter based on the effectiveness of your written complaint.
What are the Grounds for an OCR Dismissal of a Title IX Complaint?
- The complaint in outside of the OCR's area of legal authority
- A clear violation of an OCR enforced law is not contained in the complaint
- The complaint was not filed in time and waiver of time is denied
- Information within is “speculative, conclusory, or incoherent” or does not suggest actions of a discriminatory nature.
- Complainant has not responded with information requested regarding the complaint in a 14 day period
- A resolution has been reached in the complaint
- Another agency employing a similar acceptable process for resolving Title IX complaints has or is currently investigating the matter
- A state or federal 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
The Standards of Evidence
The standard of evidence that applies to Title IX complaints is not explicitly stated in the provisions. In the past, the Department has suggested that claims be proven by a “preponderance of the evidence” as applies in civil litigation. Critics contend this standard is not appropriate because Title IX processes do not have clear rules of evidence and the parties are often not represented by counsel. The Department recently proposed that the “clear and convincing evidence” standard be implemented as a discretionary option. With such basic and fundamental aspects such as the burden of proof changing, can you afford not to have experienced legal counsel?
Lawyer for Campus Discipline Defense in Oklahoma
Colleges and university administrators are taking swift action following complaints regarding Title IX. Sometimes their well-intentioned efforts fail to properly consider the accused student's rights and access to due process. Attorney Joseph D. Lento understands the dynamics of the campus disciplinary process and how to navigate OCR complaints. Students who are struggling to defend themselves are encouraged to contact the office for a consultation today at (888) 535-3686.
Oklahoma colleges and universities where Joseph D. Lento can help as your or your student file a Title IX complaint with the Department of Education Office of Civil Rights include, but are not limited to, the following schools:
- Bacone College
- Brown Mackie College Tulsa
- Cameron University
- Career Point College
- Carl Albert State College
- Connors State College
- DeVry University Oklahoma
- East Central University
- Eastern Oklahoma State College
- Family of Faith College
- Hillsdale Free Will Baptist College
- ITT Technical Institute Oklahoma City
- ITT Technical Institute Tulsa
- Langston University
- Mid America Christian University
- Murray State College
- National American University Tulsa
- Northeastern Oklahoma A&M College
- Northeastern State University
- Northern Oklahoma College
- Northwestern Oklahoma State University
- Oklahoma Baptist University
- Oklahoma Christian University
- Oklahoma City Community College
- Oklahoma City University
- Oklahoma Panhandle State University
- Oklahoma State University Institute of Technology Okmulgee
- Oklahoma State University Main Campus
- Oklahoma State University Oklahoma City
- Oklahoma Wesleyan University
- Oral Roberts University
- Redlands Community College
- Rogers State University
- Rose State College
- Saint Gregorys University
- Seminole State College
- Southeastern Oklahoma State University
- Southern Nazarene University
- Southwestern Christian University
- Southwestern Oklahoma State University
- Spartan College of Aeronautics and Technology
- Tulsa Community College
- University of Central Oklahoma
- University of Oklahoma Norman Campus
- University of Phoenix Oklahoma City Campus
- University of Phoenix Tulsa Campus
- University of Science and Arts of Oklahoma
- University of Tulsa
- Vatterott College Tulsa
- Western Oklahoma State 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 Oklahoma 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 Oklahoma and throughout the nation. Make certain your or your student's interests are protected - Contact National Title IX attorney Joseph D. Lento today.
