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.
Title IX Violations in Tennessee
The formal federal provisions relating to this process are found in the Code of Federal Regulations Title 34 Education. The Tennessee Department of Education has an Office of Civil Rights that ensures compliance at the state level. 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 Tennessee
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.
Tennessee 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:
- American Baptist College
- Aquinas College
- Argosy University Nashville
- Austin Peay State University
- Baptist Memorial College of Health Sciences
- Belmont University
- Bethel University
- Bryan College
- Carson Newman College
- Chattanooga College Medical Dental and Technical Careers
- Chattanooga State Community College
- Christian Brothers University
- Cleveland State Community College
- Columbia State Community College
- Cumberland University
- Daymar Institute Clarksville
- Daymar Institute Murfreesboro
- Daymar Institute Nashville
- DeVry University Tennessee
- Dyersburg State Community College
- East Tennessee State University
- Fisk University
- Fortis Institute
- Fortis Institute Nashville
- Fountainhead College of Technology
- Free Will Baptist Bible College
- Freed Hardeman University
- Hiwassee College
- International Academy of Design and Technology Nashville
- ITT Technical Institute Chattanooga
- ITT Technical Institute Cordova
- ITT Technical Institute Johnson City
- ITT Technical Institute Knoxville
- ITT Technical Institute Nashville
- Jackson State Community College
- John A Gupton College
- Johnson University
- King College
- Lane College
- Le Moyne Owen College
- Lee University
- Lincoln Memorial University
- Lipscomb University
- L'Ecole Culinaire
- Martin Methodist College
- Maryville College
- Memphis College of Art
- Middle Tennessee State University
- Miller Motte Technical College Chattanooga
- Miller Motte Technical College Clarksville
- Miller Motte Technical College Madison
- Milligan College
- Motlow State Community College
- Nashville State Community College
- National College of Business and Technology Nashville
- Northeast State Community College
- Nossi College of Art
- O'More College of Design
- Pellissippi State Community College
- Remington College Memphis Campus
- Remington College Nashville Campus
- Rhodes College
- Roane State Community College
- Sewanee The University of the South
- South College
- Southern Adventist University
- Southwest Tennessee Community College
- Tennessee State University
- Tennessee Technological University
- Tennessee Temple University
- Tennessee Wesleyan College
- The Art Institute of Tennessee Nashville
- The University of Tennessee
- The University of Tennessee at Chattanooga
- The University of Tennessee Martin
- Trevecca Nazarene University
- Tusculum College
- Union University
- University of Memphis
- University of Phoenix Chattanooga Campus
- University of Phoenix Knoxville
- University of Phoenix Memphis Campus
- University of Phoenix Nashville Campus
- Vanderbilt University
- Vatterott Career College Memphis Appling Farms
- Vatterott Career College Memphis Dividend Drive
- Victory University
- Virginia College School of Business and Health
- Visible Music College
- Volunteer State Community College
- Walters State Community College
- Watkins College of Art Design & Film
- William Moore College of Technology
- Williamson Christian 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 Tennessee 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 Tennessee and throughout the nation. Make certain your or your student's interests are protected - Contact National Title IX attorney Joseph D. Lento today.
