Students in schools who are accused of misconduct such as sexual harassment or assault are subject to federally-mandated provisions under Title IX. Schools will open an investigation, hold a hearing and potentially hand down harsh penalties. All educational institutions that receive education funds from the federal government must follow these established procedures. In many cases, the accused individuals are not properly afforded their rights to due process. Those who are facing difficult sanctions have the option of filing a complaint with the Office for Civil Rights (OCR) who may reassess the allegations independently. When approaching these often life-altering situations, students are strongly encouraged to consult with a veteran Title IX attorney. Joseph D. Lento is an experienced attorney that represents student rights in these cases.
University of South Carolina Implements Course on Sexual Harassment (2018)
Dr. Dawn Campbell of the University of South Carolina has added a new course within the curriculum of Women's & Gender Studies. Campbell explained that she saw a need to implement a course that specifically addresses “sexual assault on college campuses”. During the first semester of the course, she recognized how many current national headlines exist related to this important topic.
Title IX Violations in South Carolina
The Code of Federal Regulations contains the Title 34 Education provisions that formally address Title IX concerns as well as several other laws relating to civil rights including:
- Title VI: The Civil Rights Act of 1964 prohibiting discrimination based on race, color, and origin
- Section 504: The Rehabilitation Act of 1973 prohibiting discrimination based on disabilities
- Title II: The Americans with Disabilities Act of 1990
- The Age Discrimination Act of 1975
Initial School Investigation
After receiving an accusation schools begin an investigation of the evidence and hold a hearing where a decision is rendered. The accused will next have an opportunity to appeal if the decision is unfavorable. After the appeal is exhausted the student has a period of 180 days in which to file a complaint with the OCR. The agency may make an exception beyond the 180-day threshold when adequately justified.
Understanding OCR Complaints
A student who is unsuccessful in appealing a Title IX decision should consult with an attorney to discuss initiating an OCR complaint. If the OCR recognizes there is merit in your complaint they will notify both parties in writing about their intention to independently evaluate the case. The OCR emphasizes that they are impartial in these matters and seeks to ensure that the rights of the accused were protected. The evidentiary standard that must be reached in Title IX matters is based on “the preponderance of the evidence”
Importance of Having Legal Representation
Retaining an attorney provides clear benefits since they have prior experience in handling these complaints. The OCR provides a basic template that can be used to format your complaint; however, your attorney is typically able to draft a complaint letter that is likely to have a significantly greater impact. Those seeking a waiver for filing beyond the 180-day deadline will also benefit from having assistance in showing that just cause exists.
Lawyer Defends Students in Title IX Violations in South Carolina
Attorney Joseph D. Lento has the experience necessary to assist students in the defense of claims of sexual misconduct or assault by filing a formal complaint with the OCR. You deserve solid legal representation to protect your rights as you face disciplinary penalties and sanctions. Contact Joseph D. Lento today at (888) 535-3686.
South Carolina 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:
- Aiken Technical College
- Allen University
- Anderson University
- Benedict College
- Bob Jones University
- Brown Mackie College Greenville
- Central Carolina Technical College
- Charleston Southern University
- Citadel Military College of South Carolina
- Claflin University
- Clemson University
- Clinton Junior College
- Coastal Carolina University
- Coker College
- College of Charleston
- Columbia College
- Columbia International University
- Converse College
- Denmark Technical College
- Erskine College and Seminary
- Florence Darlington Technical College
- Forrest College
- Francis Marion University
- Furman University
- Golf Academy of America Myrtle Beach
- Greenville Technical College
- Horry Georgetown Technical College
- ITT Technical Institute Columbia
- ITT Technical Institute Greenville
- ITT Technical Institute Myrtle Beach
- ITT Technical Institute North Charleston
- Lander University
- Limestone College
- Medix School Fortis College
- Midlands Technical College
- Miller Motte Technical College
- Miller Motte Technical College North Charleston
- Morris College
- Newberry College
- North Greenville University
- Northeastern Technical College
- Orangeburg Calhoun Technical College
- Piedmont Technical College
- Presbyterian College
- South Carolina State University
- South University Columbia
- Southern Wesleyan University
- Spartanburg Community College
- Spartanburg Methodist College
- Technical College of the Lowcountry
- The Art Institute of Charleston
- Tri County Technical College
- Trident Technical College
- University of Phoenix Columbia Campus
- University of South Carolina Aiken
- University of South Carolina Beaufort
- University of South Carolina Columbia
- University of South Carolina Lancaster
- University of South Carolina Salkehatchie
- University of South Carolina Sumter
- University of South Carolina Union
- University of South Carolina Upstate
- Virginia College
- Virginia College in Charleston
- Virginia College Columbia
- Virginia College Greenville
- Voorhees College
- W L Bonner College
- Williamsburg Technical College
- Winthrop University
- Wofford College
- York Technical 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 South Carolina 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 South Carolina and throughout the nation. Make certain your or your student's interests are protected - Contact National Title IX attorney Joseph D. Lento today.
