Students in our educational institutions who are accused of sexually-related misconduct such as harassment or assault are subject to federal rules according to Title IX. Schools must investigate these allegations, conduct hearings and potentially impose penalties. This requirement applies to all schools that receive federal education funds. Often those accused recognize that these investigations are conducted hurriedly with a lack of due process. One way of defending your rights is to file a formal complaint through the Office for Civil Rights (OCR) who will independently review the matter. Those in these situations should know that they have a limited time to file a complaint and that it is strongly recommended to seek assistance from an experienced Title IX attorney. Joseph D. Lento is an attorney that defends the rights of students facing these issues.
University of North Carolina Federal Title IX Investigation (2018)
This year the OCR completed the highly publicized five-year investigation into Title IX violations at the University of North Carolina-Chapel Hill (UNC). The school with an overall enrollment of nearly 30,000 was found to have failed to establish and maintain compliance relating to cases of sexual assault and harassment. UNC staff was insufficiently trained and resulted in a “failure to respond promptly and equitably” in many complaints. The investigators reported that hundreds of instances of noncompliance likely occurred; however, it was difficult to determine the full extent due to their failures in recordkeeping and documentation.
Title IX Violations in North Carolina
The formal federal provisions relating to this process are found in the Code of Federal Regulations Title 34 Education. The other primary laws that are associated with the OCR include:
- Title VI: The Civil Rights Act of 1964 prohibiting discrimination based on race, color, and origin
- Section 504: The Rehabilitation Act of 1973 prohibiting discrimination based on disabilities
- Title II: The Americans with Disabilities Act of 1990
- The Age Discrimination Act of 1975
Initial School Investigation
Your school will consider the accusation of misconduct by investigating it and holding a hearing to render a decision. If the result is unfavorable you should file an appeal asking the school to reconsider. If your appeal is unsuccessful you then have 180 days to file an OCR complaint. The agency may waive this requirement allowing you to file beyond this time period if you can show sufficient cause.
Understanding OCR Complaints
The Office for Civil Rights (OCR) is the federal agency that you will submit the written complaint to. You should promptly contact an attorney to begin the process in advance of the deadline. If the OCR decides to investigate your complaint they will send written correspondence to all parties. They will use various methods of gathering and reviewing relevant evidence and ensuring that you are afforded due process. The legal standard used for making a decision in these matters is by “the preponderance of the evidence”.
Benefits of Having an Experienced Attorney
Having seasoned legal counsel will help you efficiently move through this process. Your lawyer will use his past experience to assist you in drafting a highly impactful complaint letter. The agency does have a template that can be used; however, generally, this option is less effective. Those wishing to file a complaint beyond the 180-day deadline will benefit from the attorney's knowledge of establishing just cause to allow for your filing.
Attorney for Defending Students in Title IX Violations in North Carolina
The Lento Law Firm aggressively defends students facing allegations of sexual misconduct and Title IX sanctions and penalties. Many colleges and universities move through the investigation, hearing and appeals process quickly without much regard for due process or consideration for the rights of the accused. Attorney Joseph D. Lento has many years of experience in successfully representing clients in the OCR complaint process. Contact the office today at (888) 535-3686.
North Carolina colleges and universities where Joseph D. Lento can help as your 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:
- Alamance Community College
- Apex School of Theology
- Appalachian State University
- Asheville Buncombe Technical Community College
- Barton College
- Beaufort County Community College
- Belmont Abbey College
- Bennett College for Women
- Bladen Community College
- Blue Ridge Community College
- Brevard College
- Brunswick Community College
- Cabarrus College of Health Sciences
- Caldwell Community College and Technical Institute
- Campbell University
- Cape Fear Community College
- Carolina Bible College
- Carolina Christian College
- Carteret Community College
- Catawba College
- Catawba Valley Community College
- Central Carolina Community College
- Central Piedmont Community College
- Chowan University
- Cleveland Community College
- Coastal Carolina Community College
- College of the Albemarle
- Craven Community College
- Davidson College
- Davidson County Community College
- DeVry University North Carolina
- Duke University
- Durham Technical Community College
- East Carolina University
- Edgecombe Community College
- Elizabeth City State University
- Elon University
- Fayetteville State University
- Fayetteville Technical Community College
- Forsyth Technical Community College
- Gardner Webb University
- Gaston College
- Grace College of Divinity
- Greensboro College
- Guilford College
- Guilford Technical Community College
- Halifax Community College
- Harrison College
- Haywood Community College
- Heritage Bible College
- Isothermal Community College
- ITT Technical Institute Cary
- ITT Technical Institute Charlotte North
- ITT Technical Institute Charlotte South
- ITT Technical Institute Durham
- ITT Technical Institute High Point
- James Sprunt Community College
- Johnson & Wales University Charlotte
- Johnson C Smith University
- Johnston Community College
- King's College
- Laurel University
- Lees McRae College
- Lenoir Community College
- Lenoir Rhyne University
- Living Arts College
- Livingstone College
- Louisburg College
- Mars Hill University
- Martin Community College
- Mayland Community College
- McDowell Technical Community College
- Meredith College
- Methodist University
- Mid Atlantic Christian University
- Miller Motte College
- Miller Motte College Cary
- Miller Motte College Fayetteville
- Miller Motte College Greenville
- Miller Motte College Raleigh
- Miller Motte College Wilmington
- Mitchell Community College
- Montgomery Community College
- Montreat College
- Mount Olive College
- Nash Community College
- New Life Theological Seminary
- North Carolina A & T State University
- North Carolina Central University
- North Carolina State University at Raleigh
- North Carolina Wesleyan College
- Pamlico Community College
- Pfeiffer University
- Piedmont Community College
- Piedmont International University
- Pitt Community College
- Queens University of Charlotte
- Randolph Community College
- Richmond Community College
- Roanoke Chowan Community College
- Robeson Community College
- Rockingham Community College
- Rowan Cabarrus Community College
- Saint Augustines College
- Salem College
- Sampson Community College
- Sandhills Community College
- Shaw University
- Shepherds Theological Seminary
- South College Asheville
- South Piedmont Community College
- Southeastern Community College
- Southwestern Community College
- St. Andrews University
- Stanly Community College
- Surry Community College
- The Art Institute of Charlotte
- The Art Institute of Raleigh Durham
- Tri County Community College
- University of North Carolina at Asheville
- University of North Carolina at Chapel Hill
- University of North Carolina at Charlotte
- University of North Carolina at Greensboro
- University of North Carolina at Pembroke
- University of North Carolina at Wilmington
- University of North Carolina School of the Arts
- University of Phoenix Charlotte Campus
- University of Phoenix Raleigh Campus
- Vance Granville Community College
- Wake Forest University
- Wake Technical Community College
- Warren Wilson College
- Wayne Community College
- Western Carolina University
- Western Piedmont Community College
- Wilkes Community College
- William Peace University
- Wilson Community College
- Wingate University
- Winston Salem State University
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 North Carolina 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 North Carolina and throughout the nation. Make certain your or your student's interests are protected - Contact National Title IX attorney Joseph D. Lento today.
