College and university administrators take complaints of sexual misconduct seriously. They are required to comply with many federal guidelines or risk potentially losing their federal education funding. Title IX is a set of rules prohibiting discrimination. It requires schools to investigate, make rulings, and impose sanctions on violators. The sanctions imposed may include suspension or expulsion. Those accused and found to have violated the rules may consider filing a formal complaint with the Office of Civil Rights (OCR) who may choose to review the matter as an independent third-party. Students facing difficult sanctions in these actions involving student discipline defense may find the help they need by contacting the Lento Law Firm.
School Investigations
A Title IX coordinator is typically designated at all colleges in Kansas. After receiving a serious complaint such as for sexual harassment or assault this administrative staff will begin their inquiry. 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 by following the established grievance policy.
OCR Complaint Filing
If the student is unsuccessful in the appeals process they may consider consulting with an experienced attorney about filing an OCR complaint. Your attorney should have the knowledge to increase the likelihood that the OCR would consider reevaluating the matter based on the effectiveness of your written complaint.
Grounds for OCR's Dismissal of Title IX Complaints:
- The complaint in outside of the OCR's area of legal authority
- A clear violation of an OCR enforced law is not contained in the complaint
- The complaint was not filed in time and waiver of time is denied
- Information within is “speculative, conclusory, or incoherent” or does not suggest actions of a discriminatory nature.
- Complainant has not responded with information requested regarding the complaint in a 14 day period
- A resolution has been reached in the complaint
- 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
Title IX: Standards of Evidence
Title IX provisions do not specifically state the standard of evidence that applies to these complaints. In the past, the Department has suggested that claims be proven by a “preponderance of the evidence” as applies in civil litigation. Critics contend this standard is not appropriate because Title IX processes lack key elements of civil litigation such as attorney representation and formal evidentiary rules. The Department recently proposed that the “clear and convincing evidence” standard be implemented as a discretionary option. With the volatility surrounding such fundamental aspects of the process such as the burden of proof, it is more important than ever to have assistance from experienced legal counsel.
Student Title IX Discipline Defense Attorney in Kansas
Colleges and universities that receive complaints relating to Title IX are required to take action. Sometimes their well-intentioned efforts fail to properly consider the accused student's rights and access to due process. Attorney Joseph D. Lento understands the dynamics of the campus disciplinary process and how to navigate OCR complaints. Those facing difficult sanctions in these matters are encouraged to contact the office for an immediate consultation today at (888) 535-3686.
- Allen County Community College
- Baker University
- Barclay College
- Barton County Community College
- Benedictine College
- Bethany College
- Bethel College North Newton
- Brown Mackie College Kansas City
- Brown Mackie College Salina
- Bryan University Topeka
- Butler Community College
- Central Baptist Theological Seminary
- Central Christian College of Kansas
- Cleveland Chiropractic College
- Cloud County Community College
- Coffeyville Community College
- Colby Community College
- Cowley County Community College
- Dodge City Community College
- Donnelly College
- Emporia State University
- Flint Hills Technical College
- Fort Hays State University
- Fort Scott Community College
- Friends University
- Garden City Community College
- Hesston College
- Highland Community College
- Hutchinson Community College
- Independence Community College
- ITT Technical Institute Wichita
- Johnson County Community College
- Kansas City Kansas Community College
- Kansas State University
- Kansas Wesleyan University
- Labette Community College
- Manhattan Area Technical College
- Manhattan Christian College
- McPherson College
- MidAmerica Nazarene University
- National American University Overland Park
- National American University Wichita
- Neosho County Community College
- Newman University
- North Central Kansas Technical College
- Ottawa University Ottawa
- Pinnacle Career Institute Lawrence
- Pittsburg State University
- Pratt Community College
- Salina Area Technical College
- Seward County Community College and Area Technical School
- Southwestern College
- Sterling College
- Tabor College
- The Art Institutes International Kansas City
- University of Kansas
- University of Phoenix Wichita Campus
- University of Saint Mary
- Vatterott College Wichita
- Washburn University
- Wichita Area Technical College
- Wichita State University
- Wright Career 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 Kansas 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 Kansas and throughout the nation. Make certain your or your student's interests are protected - Contact National Title IX attorney Joseph D. Lento today.
