When allegations of sexual misconduct on campus are received, schools are responsible for beginning an investigation. Title IX is composed of a set of federal guidelines implemented for preventing discrimination at learning institutions. Noncompliance could jeopardize the school's critical access to federal education funding. They now have designated Title IX coordinators and have created written procedures to follow when they receive a complaint alleging a violation. The administration may levy tough sanctions against student violators such as suspension or expulsion. Those students who are subject to disciplinary action may file a complaint with the Office of Civil Rights (OCR), which is an agency that reviews these complaints and may consider intervening as a neutral third-party to reassess these matters. Students struggling with the consequences of these actions may contact the Lento Law Firm for campus disciplinary defense.
Campus Title IX Investigations
Colleges and universities in Utah will promptly begin an inquiry after receiving a complaint about allegations such as sexual harassment or assault. The investigation concludes with a hearing where the school issues their ruling and may impose penalties and sanctions. Schools have written grievance procedures explaining how students may file an appeal to contest an unfavorable decision.
OCR Complaint Process
Following an unsuccessful appeal, a student may consider filing an OCR complaint. It is generally advised that you consult with seasoned legal counsel at this crucial phase. Your attorney may better assist you in composing a highly effective complaint that is likely to persuade the OCR to initiate their own independent probe into the matter.
Reasons the OCR Dismisses Complaints
- The complaint is found to be beyond the agency's range of legal authority
- Facts of the complaint do not clearly suggest that an OCR violation occurred
- It was not filed in a timely manner and no waiver of time is granted
- Information is judged as “speculative, conclusory, or incoherent” or does not suggest actions of a discriminatory nature
- Complainant does not respond to a request made within the allotted 14-day period
- A resolution has been reached in the matter
- Another agency using an acceptable process for handling Title IX complaints has or is now 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
Title IX: Standard of Evidence
When the Title IX provisions were drafted they did not specify the standard of evidence to be used. In recent years, the Department has advised using the “preponderance of the evidence” standard employed in civil matters. Opponents feel this standard is not suitable for Title IX processes, which do not have formal rules of evidence and typically do not have parties represented by attorneys. A recent Department proposal suggests that the “clear and convincing evidence” standard be used as a discretionary option. With key aspects of these matters such as the burden of proof in a state of flux, it is important to retain experienced legal counsel.
Student Disciplinary Defense Lawyer in Utah
Those students accused of Title IX violations often find that their rights are ignored and that they are not afforded due process. Joseph D. Lento is a lawyer with a thorough knowledge of these campus disciplinary processes. Students that are subject to sanctions and penalties should contact the office for an immediate consultation today at (888) 535-3686.
Utah 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:
- AmeriTech College Draper
- Argosy University Salt Lake City
- Brigham Young University Provo
- Broadview Entertainment Arts University
- Broadview University Layton
- Broadview University Orem
- Broadview University West Jordan
- DeVry University Utah
- Dixie State College of Utah
- Eagle Gate College Layton
- Eagle Gate College Murray
- Eagle Gate College Salt Lake City
- Fortis College Salt Lake City
- Independence University
- ITT Technical Institute Murray
- Latter day Saints Business College
- Neumont University
- Provo College American Fork
- Provo College Provo
- Salt Lake Community College
- Snow College
- Southern Utah University
- Stevens Henager College of Business Provo
- Stevens Henager College Logan
- Stevens Henager College Murray
- Stevens Henager College Ogden
- The Art Institute of Salt Lake City
- University of Phoenix Utah Campus
- University of Utah
- Utah State University
- Utah State University College of Eastern Utah
- Utah Valley University
- Weber State University
- Westminster 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 Utah 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 Utah and throughout the nation. Make certain your or your student's interests are protected - Contact National Title IX attorney Joseph D. Lento today.
