Portland is perhaps the only American city that takes real pride in being and remaining weird—weird in a forward-thinking, progressively striving, and environmentally friendly way. Living in the larger Portland metropolitan area, including Hillsboro and Vancouver, Washington, certainly has its advantages, from the best food trucks anywhere to the amazing beauty of the landscape. However, for some Portland-area students, their dream becomes a nightmare when they become the focus of a Title IX investigation and charges.
If you are the focus of a Title IX investigation or charges, you face an uphill battle in Portland. To even the field, you must have experienced counsel. The Lento Law Firm has more than a decade of experience representing college students accused of sex-based discrimination or harassment and similar charges. 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?
In 1972, the US Congress passed a series of amendments to the Higher Education Act to promote the equal treatment of women in colleges and universities. It is easy to forget that at the time of the passage of this law, many universities did not admit women, and women faced insurmountable obstacles to success in college. Over time, the amendments known as “Title IX” have become symbolic of equal treatment in sports, although sports are not mentioned in Title IX. Title IX is an exceptionally broad law that has been used and sometimes misused by people with different agendas. In the modern era, Title IX is focused on remedying sex-based discrimination and harassment. Remember that individuals accused of sex discrimination and sexual harassment under Title IX face severe consequences with limited protections. Therefore, anyone facing allegations under Title IX must have experienced legal counsel.
Oregon Law Affecting Title IX Cases
While Title IX is constantly changing, it is important to note that Oregon state laws concerning sexual harassment will also affect any Title IX proceeding. In Oregon, sexual harassment in the education sector is illegal. Sexual harassment is unwelcome conduct of a sexual nature that is severe enough to interfere with a person's academic or work performance. This means that the victim might be a student, a staff member, or a faculty member. It is immaterial whether the alleged perpetrator of sexual harassment intended to harm the victim—as long as a reasonable person would be negatively affected by the conduct.
Portland State University Title IX Process
The Office of Equity and Compliance oversees the Title IX program at Portland State University. Portland State has a Prohibited Harassment and Discrimination Policy, which governs all types of sexual discrimination and harassment at PSU. This policy applies to everyone at PSU, even volunteers and employment applicants. The policy prohibits discrimination and discriminatory harassment, defined as comments, statements, or physical conduct severe enough to interfere with the alleged victim's personal, work, or academic life. The policy emphasizes “effective consent” and includes protections based on gender, gender identity and expression, sexual orientation, and sex.
PSU complaints under Title IX or related state laws on sexual harassment may be formal or informal. The informal process often involves conflict resolution, mediation, and coaching. The formal process involves investigating and finding whether the policy was violated, most often after a hearing. Investigations are done by the Office of Dean of Student Life or the Office of Equity and Compliance and involve notice to the respondent. The respondent may present witnesses and other evidence. The Office of Equity and Compliance will typically issue a determination whether a violation of sexual discrimination or harassment policies has taken place by a preponderance of the evidence (meaning that it is more likely than not that a violation occurred). The determination will include corrective action, ranging from counseling or reprimand to suspension or dismissal. Because of the serious nature of potential consequences, it is vital that anyone facing a formal process at PSU has experienced counsel.
University of Portland Title IX Process
The Office of the Title IX Coordinator oversees Title IX actions at the University of Portland. The University of Portland has a Title IX Sexual Harassment Policy that covers sexual assaults, violence, stalking, and sexual harassment. Complaints may be made either informally or through the formal grievance process. The complainant determines whether the complaint proceeds informally or formally, and the complainant may decide to stop the informal process at any time and instead proceed with the formal grievance process.
The formal grievance process involves a written complaint, which the Title IX Coordinator has found sufficient and has signed. Under this procedure, the “decision maker” may be an individual or a panel. The decision maker must be free of bias (remember that this means they must not have a conflict of interest and not simply an overall worldview supporting victims). If a panel hears the complaint, one member will be the “presiding officer.” The decision maker will issue a “determination of responsibility” in the case. The decision maker cannot be involved in the complaint investigation, cannot be the Title IX Coordinator, and cannot decide later appeals. Sanctions after this determination can involve anything from a reprimand or no-contact order to an expulsion or termination of employment. The respondent has a right of appeal and a right to have counsel. Anyone facing a Title IX investigation under the formal process should call the Lento Law Firm immediately, as the timeframe for this process is compact and limited.
Lewis & Clark College Title IX Process
The Title IX Coordinator oversees all Title IX matters at Lewis & Clark College, with the assistance of several Deputy Coordinators. The College Sexual Discrimination, Harassment, and Misconduct Policy covers Title IX violations at Lewis & Clark.
Lewis & Clark prefers to use an Agreement-Based Resolution process whenever possible. This process is an alternative to a formal investigation under which the parties agree to resolve the issue informally. This typically involves some type of mediation, ideally by a trained mediator. The Agreement-Based Resolution is voluntary and does not involve any finding of responsibility.
Lewis & Clark also has the option of a more formal process, and this formal process has three general types:
- Process 1 for cases involving sexual harassment by a student.
- Process 2 for cases of sexual harassment by an employee.
- Process 3 for cases involving prohibited conduct other than sexual harassment of a student.
Lewis & Clark may appoint an investigator or a decision-maker, but the policy does not appear to prevent one person from acting in both roles (which is problematic). Further, the policy requires that the respondent object to the dual role a Title IX Coordinator or the investigator may play in later proceedings as a decision-maker and that this objection be made in a limited time frame. The decision-maker may be one person or a panel. Any person accused under this policy should contact the Lento Law Firm immediately to ensure greater fairness and impartiality.
Washington State University-Vancouver Title IX Process
The Office of Compliance and Civil Rights (CCR) oversees the Title IX process at Washington State University in Vancouver (WSU). While the Title IX Committee advises the WSU president on developments in the law, the Title IX Coordinator and Deputy Coordinators handle complaints. WSU has a Policy Prohibiting Discrimination and Harassment covering Title IX issues.
All Title IX and related issues are governed by a set of procedural guidelines. Under these guidelines, a complaint is assigned to an investigator who will decide whether to dismiss it or proceed with the investigation, which generally takes up to 60 days.
If the matter proceeds to a formal grievance, the exact process depends on whether the respondent is a student, a staff member, or faculty. If a student is involved as the respondent, they must receive notice of the investigation, and the student will have limited time to elect to be involved in the investigation. The CCR may use a single investigator model in certain instances, depending on the status of the complainant or respondent. The decision-maker, appointed by CCR, will issue a finding of responsibility.
The respondent may appeal a determination of responsibility to the CCR Appeals Committee. This Committee's process allows for the submission of argument or evidence but doesn't provide for a hearing. Anyone with a determination of responsibility from WSU should contact the Lento Law Firm immediately, as the timeframe for appeal is limited.
Pacific University of Oregon Title IX Process
Pacific University of Oregon (PUO) has a Policy Against Sex-Based Discrimination and Harassment under Title IX and Oregon state law. Pacific University has a zero-tolerance policy for any unwelcome sexual conduct or sexual harassment. Unlike many universities, PUO has a webpage dedicated to the rights of respondents.
At Pacific University, respondents to Title IX complaints have the following rights:
- The right to know exactly what you are being accused of and which policies the accused behavior might violate.
- The right to respectful and unbiased treatment.
- The right to an explanation of the process involved and information needed in a timely way.
- The right to choose not to participate (although action may be taken against you in your absence).
- The right to interim supportive measures.
- The right to protection from retaliation for your participation in the process.
- The right to have your identity kept private, except that it may be provided to individuals involved in the investigation and resolution of the complaint.
- The right to file a complaint with the US Department of Education, the US Department of Justice, or applicable state agencies.
While Pacific University strives to be even-handed and fair, respondents may still be disciplined harshly. Anyone who is facing a Title IX complaint at Pacific University should contact the Lento Law Firm immediately.
George Fox University Title IX Process
The Sexual Misconduct Campus Awareness, Response, and Education (CARE) Team oversees Title IX issues at George Fox University (GFU). GFU policy emphasizes care for victims of sexual assault and harassment but also reflects an evangelical college viewpoint. The Title IX Coordinator and deputy coordinators oversee GFU's investigation and complaint resolution process.
Clark College Title IX Process
Clark College follows a procedure for biased-based incidents with its Bias Response Team (BRT). This Team is formed through the Office of Diversity, Equity, and Inclusion. BRT will decide whether the incident involves a potential violation of Title IX or other Code of Conduct violation.
Clark College uses the following procedure for Title IX cases:
- Investigation: The President will designate a person to oversee the investigation. This person may impose interim measures like no-contact orders, counseling referrals, or summary discipline.
- Findings of Investigation: The investigator will set forth findings and recommendations within 60 days. The designee (if different than the investigator) will consider the findings and determine whether a violation occurred.
- Written Notice of Decision: The respondent will be informed of the findings and the recommendation for actions, including disciplinary action.
- Informal Dispute Resolution: The parties may engage in mediation or other informal resolution of the dispute when appropriate.
- Final Decision and Reconsideration: The respondent may seek reconsideration in writing within 7 days of a final decision. This reconsideration may lead to an amended decision but is unlikely to be effective without an experienced education attorney. Call the Lento Law Firm immediately to preserve your rights and get an effective reconsideration.
While all this may sound effective, this procedure is full of possible problems and issues. This is especially true when the deciding official and investigator are the same or when overlap occurs between these roles. If you are charged under this process with a Title IX violation, you should immediately call the Lento Law Firm.
Premier Title IX Defense in the Portland-Vancouver Area
The Lento Law Firm will vigorously and effectively defend you if you face Title IX allegations or charges. We are experienced and up-to-date on variations in the Title IX process and procedure between states and schools. With Title IX in such an evolving state, anyone facing Title IX charges must have an experienced attorney to fight the charges. The Lento Law Firm has successfully represented countless students accused of Title IX misconduct. Call the Lento Law Firm at (888) 535-3686 or leave your details online, and we will contact you.
