Colleges and universities have designated Title IX coordinators assigned to investigate allegations of sexual misconduct. Schools receiving federal education funding 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 the 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
Washington's colleges and universities have written guidelines they adhere to when investigating allegations such as those of sexual harassment or assault. Their investigation culminates with a hearing where the school issues their ruling and may then impose sanctions. Schools have written grievance procedures that explain how accused students may file an appeal to contest the decision.
OCR Complaint Filing
Proceeding with a formal OCR complaint may be the next step for those who are unsuccessful in the appeals process. Retaining experienced legal counsel is strongly recommended when considering whether to proceed with a complaint. Your attorney will assist you in composing a highly effective complaint that is more likely to persuade the OCR to initiate their own independent inquiry into the matter.
Grounds for OCR Dismissal of a Title IX Complaint
- The complaint is determined to be beyond the agency's scope of legal authority
- Details of the complaint do not clearly show that an OCR violation occurred
- 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 allotted 14-day period
- There has been a resolution reached in the matter
- An alternate agency using an acceptable process for handling 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 original Title IX provisions did not specify the standard of evidence to be used. In years past, 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 fundamental aspects of these matters such as the burden of proof in transition, it is important to retain experienced legal counsel.
Student Disciplinary Defense Lawyer in Washington
Those accused of Title IX violations on campus often find that their rights are ignored and that they are not afforded their due process. Joseph D. Lento is a lawyer with a firm understanding of the Title IX disciplinary process. Students that are subject to sanctions and penalties should contact the office for a confidential consultation today at (888) 535-3686.
Washington colleges and universities where Joseph D. Lento can help you 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:
- Antioch University Seattle
- Argosy University Seattle
- Bates Technical College
- Bellevue College
- Bellingham Technical College
- Big Bend Community College
- Cascadia Community College
- Central Washington University
- Centralia College
- City University of Seattle
- Clark College
- Clover Park Technical College
- Columbia Basin College
- Cornish College of the Arts
- DeVry University Washington
- DigiPen Institute of Technology
- Eastern Washington University
- Edmonds Community College
- Everest College Bremerton
- Everest College Everett
- Everest College Tacoma
- Everest College Vancouver
- Everett Community College
- Faith Evangelical College & Seminary
- Gonzaga University
- Grays Harbor College
- Green River Community College
- Heritage University
- Highline Community College
- International Academy of Design and Technology Seattle
- ITT Technical Institute Everett
- ITT Technical Institute Seattle
- ITT Technical Institute Spokane Valley
- Lake Washington Institute of Technology
- Lower Columbia College
- Northwest Aviation College
- Northwest College of Art
- Northwest Indian College
- Northwest School of Wooden Boat Building
- Northwest University
- Olympic College
- Pacific Lutheran University
- Peninsula College
- Pierce College at Fort Steilacoom
- Pierce College at Puyallup
- Renton Technical College
- Saint Martin's University
- Seattle Community College Central Campus
- Seattle Community College North Campus
- Seattle Community College South Campus
- Seattle Pacific University
- Seattle University
- Shoreline Community College
- Skagit Valley College
- South Puget Sound Community College
- Spokane Community College
- Spokane Falls Community College
- Tacoma Community College
- The Art Institute of Seattle
- The Evergreen State College
- Trinity Lutheran College
- University of Phoenix Western Washington Campus
- University of Puget Sound
- University of Washington Bothell Campus
- University of Washington Seattle Campus
- University of Washington Tacoma Campus
- Walla Walla Community College
- Walla Walla University
- Washington State University
- Wenatchee Valley College
- Western Washington University
- Whatcom Community College
- Whitman College
- Whitworth University
- Yakima Valley Community 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 Washington 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 Washington and throughout the nation. Make certain your or your student's interests are protected - Contact National Title IX attorney Joseph D. Lento today.
