Colleges and universities have designated Title IX coordinators assigned to investigate allegations of sexual misconduct. Schools that receive federal education funds establish and follow specific procedures when looking into such complaints. Title IX was implemented to prevent discrimination in all educational institutions. The administration may impose penalties and sanctions on the student offenders. The Office of Civil Rights (OCR) is an agency that accepts complaints from those accused and may reevaluate such investigations if they feel it is warranted. Individuals who contest the allegations and findings in student disciplinary actions may benefit from contacting the Lento Law Firm for assistance.
Campus Investigations
Oregon's colleges and universities have established written procedures for investigating complaints of sexual harassment or assault. Following their inquiry, a hearing is conducted where the school reveals their decision and sanctions may be levied. Each school's written grievance policies contain an explanation of how an accused student may file an appeal to contest the decision.
Filing an OCR Complaint
If the appeals process is unsuccessful, the accused may elect to pursue a formal OCR complaint. Retaining experienced legal counsel is strongly recommended when considering whether to proceed with a complaint. A lawyer can assist you with drafting a highly effective complaint that is more likely to be effective in persuading the OCR to initiate their own independent review of the matter.
Grounds for OCR Dismissal of a Title IX Complaint
- The complaint is determined to be outside of the agency's scope of legal authority
- A clear violation of an OCR enforced law is not contained in the complaint
- The complaint was not filed in a timely manner and no waiver of time granted
- Information is deemed as “speculative, conclusory, or incoherent” or does not suggest actions of a discriminatory nature
- Complainant does not respond to a request made within the 14-day period allotted
- The complaint has otherwise been resolved
- 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 Standard of Evidence in Title IX Matters
The Title IX provisions do not specify the standard of evidence to be used in these matters. In the past, the Department has endorsed the usage of the “preponderance of the evidence” standard used in civil matters. Opponents feel this standard is not suitable for Title IX processes, which do not have clear rules of evidence and rarely have parties represented by attorneys. The Department recently proposed that the “clear and convincing evidence” standard be enacted as an available option. With such significant considerations like the burden of proof being potentially changed it is more critical than ever to retain experienced legal counsel.
Oregon Campus Disciplinary Defense Lawyer
Often the college or university administration conducts a haphazard investigation without regard for the rights of the accused and their due process. Joseph D. Lento is an attorney with a solid understanding of the Title IX disciplinary process. Students who feel they are not being treated fairly should contact the office for a confidential consultation today at (888) 535-3686.
Oregon 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:
- Blue Mountain Community College
- Central Oregon Community College
- Chemeketa Community College
- Clackamas Community College
- Clatsop Community College
- Columbia Gorge Community College
- Concordia University Portland
- Corban University
- DeVry University Oregon
- Eastern Oregon University
- Everest College Portland
- George Fox University
- Heald College Portland
- ITT Technical Institute Portland
- Klamath Community College
- Lane Community College
- Le Cordon Bleu College of Culinary Arts Portland
- Lewis & Clark College
- Linfield College McMinnville Campus
- Linn Benton Community College
- Marylhurst University
- Mount Angel Seminary
- Mt Hood Community College
- Multnomah University
- New Hope Christian College
- Northwest Christian University
- Oregon Coast Community College
- Oregon College of Art and Craft
- Oregon Institute of Technology
- Oregon State University
- Pacific Northwest College of Art
- Pacific University
- Pioneer Pacific College
- Portland Community College
- Portland State University
- Reed College
- Rogue Community College
- Sanford Brown College Portland
- Southern Oregon University
- Southwestern Oregon Community College
- The Art Institute of Portland
- Tillamook Bay Community College
- Treasure Valley Community College
- Umpqua Community College
- University of Oregon
- University of Phoenix Oregon Campus
- University of Portland
- University of Western States
- Warner Pacific College
- Western Oregon University
- Willamette 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 Oregon 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 Oregon and throughout the nation. Make certain your or your student's interests are protected - Contact National Title IX attorney Joseph D. Lento today.
