Institutions of learning across the country must remain in compliance with several sets of federal guidelines that pertain to civil rights. In 1972, the U.S. Department of Education enacted Title IX rules prohibiting discrimination. Noncompliance could cause a college or university to lose their federal education funding. Students accused of violating the rights of another through actions of sexual misconduct, face a disciplinary process that can lead to possible sanctions or penalties. Those who wish to contest the findings of the school's investigation may consider filing a complaint with the Office of Civil Rights (OCR). The OCR has the option of reevaluating these matters as a third-party if they believe a complaint has merit. Students who are facing difficult consequences may contact the Lento Law Firm for effective legal help.
Title IX Campus Investigations
Schools have administrative staff that is responsible for addressing Title IX concerns. After receiving an allegation against a student for a violation such as sexual harassment or assault an investigation begins. After completing their internal process, a hearing is held where the school announces their findings and may impose sanctions. Students who are facing penalties such as suspension or expulsion may choose to file an appeal within the necessary time frame outlined in the grievance provisions.
Appeal & OCR Considerations
When a student is unable to prevail in the appeals process they may consider filing a formal OCR complaint. It is recommended that those choosing this route do so after consulting with seasoned legal counsel. A formal OCR complaint filed with the assistance of your attorney is more likely to be effective in convincing the agency to review the findings of the investigation.
Why Would the OCR Dismiss a Complaint?
- The complaint is considered to be outside of their range of legal authority
- The complaint does not clearly indicate that an OCR violation occurred
- Complainant does not respond to a request made within the 14-day period allotted
- It was filed after the deadline and no waiver of time is granted
- Allegations are deemed to be “speculative, conclusory, or incoherent” or do not suggest actions of a discriminatory nature
- An agency that uses an acceptable process for handling Title IX complaints has or is now investigating the matter
- A federal or state 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
- A resolution was reached in the matter elsewhere
Title IX: Standards of Evidence
When the Title IX provisions were originally drafted the Department did not specifically address the standards of evidence that apply in these actions. This is the burden of proof necessary for confirming the merit of allegations against the accused. Over the years, the Department has advised that the “preponderance of the evidence” standard was appropriate. Just recently, the department has proposed that the “clear and convincing evidence” standard be considered as a possible option. With the current volatility associated with the provisions of the Title IX investigative process, it is of even greater importance to consider retaining experienced legal counsel.
Alabama College Disciplinary Defense Attorney
Busy administrators tasked with gathering the facts and assessing allegations in campus disciplinary actions sometimes act hastily without regard for the due process rights of the accused. Joseph D. Lento is a lawyer with a solid understanding of the dynamics involved with these matters. Those facing tough penalties and sanctions are encouraged to contact the office for a consultation at (888) 535-3686.
- Alabama A & M University
- Alabama Southern Community College
- Alabama State University
- Amridge University
- Auburn University
- Auburn University at Montgomery
- Bevill State Community College
- Birmingham Southern College
- Bishop State Community College
- Brown Mackie College Birmingham
- Central Alabama Community College
- Chattahoochee Valley Community College
- Columbia Southern University
- Concordia College Selma
- Enterprise State Community College
- Faulkner University
- Fortis College Mobile
- Fortis College Montgomery
- Gadsden State Community College
- George C Wallace State Community College Dothan
- George C Wallace State Community College Hanceville
- George C Wallace State Community College Selma
- H Councill Trenholm State Technical College
- Heritage Christian University
- Herzing University Birmingham
- Huntingdon College
- Huntsville Bible College
- ITT Technical Institute Bessemer
- ITT Technical Institute Madison
- ITT Technical Institute Mobile
- J F Drake State Technical College
- Jacksonville State University
- James H Faulkner State Community College
- Jefferson Davis Community College
- Jefferson State Community College
- John C Calhoun State Community College
- Judson College
- Lawson State Community College Birmingham Campus
- Lurleen B Wallace Community College
- Marion Military Institute
- Miles College
- Northeast Alabama Community College
- Northwest Shoals Community College Muscle Shoals
- Oakwood University
- Prince Institute of Professional Studies Inc
- Reid State Technical College
- Remington College Mobile Campus
- Samford University
- Selma University
- Shelton State Community College
- Snead State Community College
- South University Montgomery
- Southeastern Bible College
- Southern Union State Community College
- Spring Hill College
- Stillman College
- Talladega College
- The University of Alabama
- Tri State Institute
- Troy University
- Tuskegee University
- University of Alabama at Birmingham
- University of Alabama at Huntsville
- University of Mobile
- University of Montevallo
- University of North Alabama
- University of Phoenix Birmingham Campus
- University of South Alabama
- University of West Alabama
- Virginia College Birmingham
- Virginia College Huntsville
- Virginia College Mobile
- Virginia College Montgomery
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 Alabama 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 Alabama and throughout the nation. Make certain your or your student's interests are protected - Contact National Title IX attorney Joseph D. Lento today.
