Allegations of sexual misconduct on college and universities are subject to an investigation according to Title IX requirements. Title IX is a set of federally-based rules initially implemented in 1972 prohibiting discrimination in schools. Noncompliance may place the institution's access to critical federal education funds at risk. Title IX administrators at schools are tasked with drafting and following written procedures that are followed after receiving complaints. Sanctions and penalties may be levied against student violators including suspension or expulsion. Students subjected to these disciplinary actions may file a formal complaint with the Office of Civil Rights (OCR). The agency reviews complaints received and may reevaluate matters when they feel it is appropriate. Students who are struggling with the consequences of campus disciplinary actions should contact the Lento Law Firm for strong legal representation.
Campus Investigations
Arizona colleges and universities are required to swiftly launch an investigation after allegations such as sexual harassment or assault are received. The investigation eventually leads to a hearing where the school reports their findings and may then impose penalties and sanctions. Accused parties that wish to appeal the school's ruling may do so according to the university's grievance policies.
OCR Complaint Filing
After unsuccessfully attempting to appeal the decision, violators may consider filing an OCR complaint. It is recommended that the accused consult with an attorney who is familiar with this area of practice. The attorney can draft a highly effective complaint that may convince the OCR to begin an independent probe into the matter.
Why Does the OCR Dismiss Complaints?
- The complaint is found to be outside of their range of legal authority
- The allegations do not clearly suggest that an OCR violation occurred
- It was filed after the deadline and no waiver of time is granted
- Allegations are judged as “speculative, conclusory, or incoherent” or do not suggest actions of a discriminatory nature
- Complainant does not respond to a request made within the 14-day period allotted
- A resolution was reached in the matter elsewhere
- 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
Title IX: Standards of Evidence
The Title IX provisions do not explicitly state the standard of evidence to be used. In recent years, the Department has advised that the “preponderance of the evidence” standard applied such as in civil matters. Critics believe this standard is not suitable for Title IX processes, which lack formal evidentiary rules and typically do not have parties represented by attorneys. A recent proposal by the Department suggests that the “clear and convincing evidence” standard be used as a discretionary option. With such basic aspects of these disciplinary actions such as the burden of proof in flux, can you afford not to retain experienced legal counsel?
Student Disciplinary Defense Lawyer in Arizona
Students alleged to have violated Title IX may find that the campus disciplinary process is hastily conducted and does not fully protect their rights. Attorney Joseph D. Lento assists students that are facing sanctions and penalties. Contact the office for a confidential consultation today at (888) 535-3686.
- American Indian College of the Assemblies of God, Inc.
- Argosy University Phoenix
- Argosy University Phoenix Online Division
- Arizona Christian University
- Arizona College of Allied Health
- Arizona State University
- Arizona Western College
- Brown Mackie College Phoenix
- Brown Mackie College Tucson
- Central Arizona College
- Chamberlain College of Nursing Arizona
- Chandler/Gilbert Community College
- Cochise College
- Coconino Community College
- College America Flagstaff
- CollegeAmerica Phoenix
- Collins College
- DeVry University Arizona
- Dine College
- Eastern Arizona College
- Embry Riddle Aeronautical University Prescott
- Estrella Mountain Community College
- Everest College Phoenix
- Everest College Phoenix
- Fortis College Phoenix
- GateWay Community College
- Glendale Community College
- Golf Academy of America Chandler
- Grand Canyon University
- International Baptist College
- ITT Technical Institute Phoenix
- ITT Technical Institute Phoenix West
- ITT Technical Institute Tempe
- ITT Technical Institute Tucson
- Le Cordon Bleu College of Culinary Arts Scottsdale
- Mesa Community College
- Mohave Community College
- National Paralegal College
- Northcentral University Prescott
- Northern Arizona University
- Northland Pioneer College
- Paradise Valley Community College
- Phoenix College
- Pima Community College
- Prescott College
- Rio Salado College
- Sanford Brown College Phoenix
- Scottsdale Community College
- South Mountain Community College
- Southwest University of Visual Arts Tucson
- The Art Institute of Phoenix
- The Art Institute of Tucson
- Tohono O'Odham Community College
- University of Advancing Technology
- University of Arizona
- University of Phoenix Online Campus
- University of Phoenix Phoenix Hohokam Campus
- University of Phoenix Southern Arizona Campus
- Western International University
- Yavapai 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 Arizona 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 Arizona and throughout the nation. Make certain your or your student's interests are protected - Contact National Title IX attorney Joseph D. Lento today.
