The cities of Oxnard, Ventura, and Thousand Oaks comprise the Ventura County Metro area, which is renowned for its beauty and high quality of life. Many students are drawn to Ventura County due to its highly regarded universities and outdoor lifestyle. Those applying to California State University-Channel Islands, Moorpark College, Ventura College, or Oxnard College envision a vibrant student life surrounded by all that Southern California has to offer. However, this ideal college experience can sometimes be disrupted by allegations of sexual discrimination or harassment. Such situations can be frightening for both the student and their family, making it crucial to seek experienced legal counsel.
If you face a grievance or charge under Title IX, you are navigating an extremely uncertain and rapidly changing legal landscape. With each change of presidential administration, the enforcement landscape changes. Even experienced Title IX attorneys can quickly find themselves out of their depth if they fail to keep up to date. The Lento Law Firm is a nationwide Title IX defense firm with a proven track record of successfully defending clients against Title IX accusations. Call the Lento Law Firm at (888) 535-3686 or leave your details online, and we will contact you.
What is Title IX?
Title IX is one of the most misunderstood laws in the U.S. In 1972, the US Congress passed a series of amendments to the Higher Education Act designed to address the (at the time) unequal treatment of women. Some of the most prestigious universities in the country did not admit women or had only recently begun accepting them. It was a different world from the one students enter today, and amendments to the Higher Education Act were intended to “level the playing field” for female students. As time went on, these amendments became known as “Title IX” and became symbolic of equal treatment in sports teams. This is misleading, as sports are not specifically mentioned in the Title IX amendments.
Today, Title IX is focused on remedying sex-based discrimination on campus, including sexual harassment and sex-based violence. Colleges and universities often face Title IX enforcement with fear: fear of violating the law, fear of losing funding, and fear of publicity for any alleged discrimination.
The unfortunate reality is that students accused of Title IX violations often face severe consequences with limited protections. A student can find their entire college career at risk without the ability to fully defend themselves. For this reason, no one accused of a Title IX violation should ever represent themselves or go into a proceeding without experienced counsel. The legal environment is just too difficult. The Lento Law Firm is a premier nationwide Title IX defense firm. We understand the law, as well as enforcement and defenses, even as they continually evolve.
Many Campuses Are In Crisis Over Title IX Enforcement
Colleges and universities in the Ventura County metro area strive to comply with Title IX and maintain ongoing compliance. Unfortunately, over the past decade, Title IX has become so politically charged and changing that colleges are confused about how to comply fully. Some of these colleges may opt for an enforcement scheme that is overly protective of the rights of alleged victims, leaving the accused without the ability to defend themselves effectively. Others will be so unsure of how to train volunteers that they will constantly retrain them, giving conflicting rules and policies. Sometimes, colleges will be using a Title IX policy that is years behind the current state of the law, but they are unsure how to comply with a recent change. This results in chaotic enforcement and inadequate information and protection for students accused of Title IX violations. An experienced Title IX attorney will help bring the school into compliance with the requirements for protecting both the accused and the accuser. The Lento Law Firm is motivated only by its clients and the successful resolution of complaints. We aim to protect our clients through a vigorous Title IX defense strategy. We will educate college officials on developments and argue for important protections for those accused of misconduct.
Informal Resolution vs. Hearings
Most Title IX complaint procedures allow for some type of negotiation or informal resolution. The Lento Law Firm is a particularly good choice for anyone who would like to see the informal dismissal of charges before a hearing. We are often successful in achieving informal resolution or having charges dismissed through agreement early in the process. Sometimes, charges can be reduced, or the impact on the accused can be mitigated or controlled. The Lento Law Firm believes in negotiating with university officials, and we often maintain a good working relationship with area colleges and universities.
However, if negotiation is not successful, the case will go to an administrative hearing. The Lento Law Firm has represented countless students at Title IX hearings. If the college refuses to reduce or dismiss the charges, this hearing will be your best opportunity to present your side of the story and defend your reputation and status. The Lento Law Firm is experienced with all types of Title IX allegations. While the exact process changes from one university to another, the basic defense strategy remains the same.
Title IX at Moorpark College
Moorpark College adheres to the Title IX policies and guidelines established for all Ventura County Public Community Colleges. The procedures used under Title IX are uniform across these public community colleges, with variations. This policy defines actionable sexual harassment under Title IX as:
- Unwelcome conduct that is severe, pervasive, and objectively offensive. In determining the severity or offensive nature of conduct, colleges use a “reasonable person” standard—that is, would a reasonable person consider the conduct to meet this definition? Further, the conduct must rise to the level of denying “equal access” to educational activities. This means that the person alleging the harassment must demonstrate that it was severe enough to interfere with their ability to receive an education at the college. This is a high standard.
- Sexual assault is defined as a sexual act against a person without their consent or towards a person who could not give consent. This definition includes rape.
- Fondling, or the touching of a private body part for gratification without the consent of the victim.
- Statutory rape.
- Dating violence.
- Domestic violence, including violence against a roommate or intimate partner.
- Stalking that would cause a reasonable person to fear for their safety or experience substantial emotional distress.
If a person makes a complaint against you for sexual harassment under Title IX, Moorpark College will provide you with notice and a statement of your rights. If the complaint states a possible claim under Title IX, Moorpark will begin an investigation. It is vitally important that the respondent (the person against whom the complaint is made) does not meet with the investigator and provide a statement before consulting with an experienced Title IX attorney. The Lento Law Firm is available with minimal notice if you have received a complaint and a request for an interview. But keep in mind that the earlier we are involved in a case, the better.
After the investigation, Moorpark may dismiss the complaint, request that the parties engage in an informal resolution, or proceed to a hearing.
Title IX at California State University-Channel Islands
California State University Channel Islands (CSUCI) has one of the strongest policies supporting the informal resolution of Title IX complaints in the state. CSUCI encourages the use of informal resolution processes and lists the following examples of settlement options:
- Written or verbal apology.
- Moving to a different dorm.
- Moving to a different class section or location.
- Changing work schedules, positions, or locations.
- Agreements not to participate in particular activities, events, or organizations.
- Counseling or mental health treatment.
- Drug or alcohol education or treatment.
- Education concerning particular issues.
- Voluntary mentoring or coaching.
- Verbal warning.
- Collaborative agreements.
- No contact agreements.
- Acceptance of responsibility and recognition of harm.
- Community service.
- Voluntary acceptance of some level of discipline.
- Restrictions on activities, attendance, or other disciplinary measures that might be imposed if the matter had been referred to a hearing.
- Other mutually agreed upon outcomes.
Even in contentious situations, this policy acknowledges the possibility of reaching a mutually agreed-upon outcome. This provides an excellent environment for counsel to negotiate a good outcome, even if allegations are true.
If the parties cannot reach an agreement during the informal process, the matter will proceed to a hearing. CSUCI assigns an investigator to interview witnesses and gather facts, but if the matter proceeds to a hearing, an external hearing officer is assigned. If you are facing an investigation at CSUCI, contact the Lento Law Firm so we can begin advocating for you today.
Title IX at Ventura College
Ventura College adheres to the Ventura County Community College District's Title IX policy and procedures. Ventura College uses the same definitions of sexual harassment as those used by Moorpark College. Ventura College also follows procedures similar to those of Moorpark and Oxnard Colleges.
Ventura County Community Colleges will, upon receipt of a complaint, send the respondent (the person against whom a complaint is made) the following:
- Notice of the grievance process.
- Notice of the allegations, accompanied by sufficient details to enable you to respond.
- Notice of your basic rights, including an assumption of innocence and the right to have an attorney.
- Notice that you may inspect and review the evidence, including exculpatory evidence (testimony or other evidence that tends to prove your innocence).
The investigator assigned to the case may seek to interview you as part of the investigation. You should contact the Lento Law Firm before making any statement to the investigator. Following the investigation, Ventura College may dismiss the complaint or grievance, or it may proceed.
Ventura College supports informal grievance processes to facilitate the resolution of Title IX cases before a hearing. The Ventura Community College system allows 270 days to complete the investigation and engage in informal dispute resolution. This is a lengthy period for investigation and negotiation, particularly if you have been suspended on an interim basis or face other limitations. Contact the Lento Law Firm if you are facing an investigation and experiencing delays in the process.
Title IX at Oxnard College
Oxnard College follows the Ventura County Community College District's Title IX policy and procedures. Oxnard uses the same definitions of sexual harassment and the same grievance and hearing procedures as Moorpark and Ventura Colleges.
In some instances, an alleged victim of sexual harassment under Title IX will report an incident but request that the College take no action. Interestingly enough, Oxnard College (and other Ventura County Community Colleges) may disregard this request and pursue the Title IX charge. The formal policy provides that, in deciding whether to break with the wishes of an alleged victim and pursue a complaint, the following are considerations:
- Whether there are multiple complaints against the Respondent.
- Whether there are prior complaints against the Respondent.
- Whether there is an imbalance of power between the parties.
- The safety of the alleged victim.
- Whether the college can conduct an investigation without the cooperation of the alleged victim.
The policy of the Ventura County Community Colleges is to protect the identity of the alleged victim, but this presents obvious issues of fairness. The policy emphasizes notice to the complaining party but does not guarantee the confidentiality of this person's identity. Respondents may need to argue for due process fairness if the College attempts to conceal the identity of the complaining party. Call the Lento Law Firm immediately if you face this type of limitation.
Title IX at Other Institutions in Ventura County
Ventura County boasts many other great colleges and post-graduate programs, and we can't list them all here. Whether you attend college in Ventura County or elsewhere, the Lento Law Firm can represent you in Title IX or other disciplinary matters. Please note that you have a limited timeframe to present your case, and failure to act may result in the loss of your right to a hearing. Call us today and let us begin protecting your reputation and college experience.
Premier Title IX Defense in Oxnard, Ventura, and Thousand Oaks, CA
The Lento Law Firm can negotiate on your behalf to seek an early resolution of Title IX charges. If an early resolution is not possible, the Lento Law Firm can help you prepare the best possible defense at a Title IX hearing. While it is true that Title IX is in a constant state of flux, you can have the confidence that your legal counsel is up-to-date on the latest developments. The Lento Law Firm has helped countless students fight Title IX charges, and we can help you move on from this challenging time. Call the Lento Law Firm at (888) 535-3686 or leave your details online, and we will contact you.
