When a student is alleged to have violated rules regarding sexual conduct, designated campus administrators must investigate. Colleges and universities must comply with established federal guidelines or risk the possibility of losing critical federal aid. Title IX is a set of established rules that prohibit discrimination. Schools must promptly investigate all alleged violations and may impose penalties and sanctions on the student. Violators may consider filing a formal complaint with the Office of Civil Rights (OCR) who may choose to impartially reevaluate the matter. Students facing potentially harmful sanctions in these disciplinary actions may benefit from legal assistance from the Lento Law Firm.
Title IX Investigations on Campus
Colleges in Colorado have specific procedures in place for investigating these complaints. After receiving a complaint about sexual harassment or assault an inquiry will ensue. The findings of their investigation are disclosed during a hearing and sanctions may be imposed. Those choosing to appeal the decision of the institution may do so in accordance with the grievance policy of their school.
OCR Complaint Details
Students that are unable to prevail in their appeal may decide to pursue a formal OCR complaint. It is highly recommended that this process is done with experienced legal counsel. A lawyer can assist you with drafting a highly effective complaint that will persuade the OCR to reevaluate the matter.
Grounds for OCR Dismissal of a Title IX Complaint
- The complaint is beyond their scope of legal authority
- A clear violation of an OCR enforced law is not contained in the complaint
- The complaint was not filed prior to the deadline and waiver of time is not granted
- Information within is “speculative, conclusory, or incoherent” or does not suggest actions of a discriminatory nature.
- Complainant fails to respond with information requested about the complaint in a 14-day period
- The complaint has otherwise been resolved
- Another agency employing a similar acceptable process for resolving 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
Understanding the Standard of Evidence
The standard of evidence that applies to Title IX complaints is not specifically stated within the provisions. In the past, the Department has suggested that claims be proven by a “preponderance of the evidence” such as in civil litigation. Critics contend this standard is not appropriate because Title IX processes do not have clear evidentiary rules and the parties are often not represented by counsel. The Department recently proposed that the “clear and convincing evidence” standard be implemented as a discretionary alternative. With such critical considerations like the burden of proof in a state of flux, can you afford not to have experienced legal counsel?
Lawyer Defends Students Facing Title IX Disciplinary Sanctions in Colorado
Title IX violators may face harsh sanctions in these matters. Often the college administration does not afford the accused their due process or ignores their rights. Attorney Joseph D. Lento has an excellent understanding of the campus disciplinary process. Students who are struggling to defend themselves are encouraged to contact the office for a confidential consultation today at (888) 535-3686.
- Adams State College
- Aims Community College
- American Sentinel University
- Arapahoe Community College
- Argosy University Denver
- Bel Rea Institute of Animal Technology
- Boulder College of Massage Therapy
- College America Colorado Springs
- College America Denver
- College America Fort Collins
- Colorado Academy of Veterinary Technology
- Colorado Christian University
- Colorado College
- Colorado Heights University
- Colorado Mesa University
- Colorado Mountain College
- Colorado Northwestern Community College
- Colorado School of Healing Arts
- Colorado School of Mines
- Colorado State University Fort Collins
- Colorado State University Pueblo
- Colorado Technical University Colorado Springs
- Colorado Technical University Greenwood Village
- Colorado Technical University Online
- Community College of Aurora
- Community College of Denver
- Denver School of Nursing
- DeVry University Colorado
- Ecotech Institute
- Everest College Aurora
- Everest College Colorado Springs
- Everest College Thornton
- Fort Lewis College
- Front Range Community College
- Institute of Business and Medical Careers
- ITT Technical Institute Aurora
- ITT Technical Institute Westminster
- Johnson & Wales University Denver
- Jones International University
- Lamar Community College
- Metropolitan State College of Denver
- Morgan Community College
- Naropa University
- National American University Centennial
- National American University Colorado Springs
- National American University Colorado Springs South
- National American University Denver
- Nazarene Bible College
- Northeastern Junior College
- Otero Junior College
- Pikes Peak Community College
- Platt College Aurora
- Prince Institute Rocky Mountains
- Pueblo Community College
- Red Rocks Community College
- Redstone College
- Regis University
- Remington College Colorado Springs Campus
- Rocky Mountain College of Art and Design
- The Art Institute of Colorado
- Trinidad State Junior College
- United States Air Force Academy (exempt from Title IX and the Clery Act)
- University of Colorado Boulder
- University of Colorado Denver
- University of Colorado Colorado Springs
- University of Denver
- University of Northern Colorado
- University of Phoenix Colorado Campus
- University of Phoenix Southern Colorado Campus
- Western State Colorado University
- Westwood College Denver North
- Westwood College Denver South
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 Colorado 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 Colorado and throughout the nation. Make certain your or your student's interests are protected - Contact National Title IX attorney Joseph D. Lento today.
