Title IX of the Education Amendments is a federal law that prohibits sexual misconduct in federally funded colleges and universities. Being accused of sexual assault, sexual harassment, rape, or any other form of sexual misconduct at Colgate University is a Title IX violation that your school must resolve. If you are found “responsible” for this conduct, you could be exposed to pretty serious repercussions that could jeopardize your plans to graduate.
For the purposes of this article, we'll address Colgate University's disciplinary process and why you need an attorney-advisor if you find yourself in this predicament.
Colgate University's Disciplinary Process
Filing a Complaint
Any member of the community, guest, or visitor who believes that school policy has been violated should contact The Office of Equity and Diversity. The individuals who work in this office are considered Responsible Administrators and have a responsibility to respond to complaints of sexual misconduct.
It is also an option to fill out an online form. This form may be submitted anonymously. It's important to note that the nature of anonymous reports makes investigation, determination, and responsive action more difficult and, at times, impossible. If a name and contact information are provided, an administrator will be able to follow up on the complaint.
There is no time limit on the bringing of a complaint, as long as the accused individual is a member of the campus community and/or remains subject to its jurisdiction.
Complaint Intake
Following receipt of notice of a violation or of a complaint, an initial determination will begin. This phase in the process consists of the associate provost deciding whether it is possible that a policy violation may have occurred and/or whether conflict resolution may be appropriate.
Investigation
In cases where the associate provost determines that a complaint appears to allege a policy violation, an investigation will be led by an investigator. During the investigation, the complainant and the respondent will have an equal opportunity to share information and request that witnesses be interviewed.
Complaint Resolution
Once the investigation has concluded, the investigator(s) will meet with the associate provost for equity and diversity. Based on that meeting, the provost will make a decision as to whether the results of the investigation warrant proceeding with the complaint process.
Formal Hearing
Most sexual misconduct cases are resolved via formal hearing. A hearing panel will hear all collateral misconduct, and all parties will be given a chance to share their account of events through a statement. After all parties are heard, the hearing panel will deliberate in closed session to determine whether the respondent is responsible or not responsible for the violation(s) in question.
Appeals
Students may appeal the result of a formal hearing and/or the sanctions imposed. The appeal must be submitted in writing within 10 calendar days of the decision or sanction. Any party may appeal a decision, but only on the basis of one or more of the following grounds:
- There was a procedural error
- New information that was unavailable during the investigation or hearing has come to the attention of either party
- The sanction(s) imposed is either too severe or not severe enough
New York Title IX Attorney
If you've been accused of sexual misconduct at Colgate University, you can choose anyone to be your advisor in the Title IX process. It would be in your best interest to choose an attorney who can help you effectively navigate the process and build a solid defense for you. Contact attorney Joseph D. Lento today at 888-535-3686 for help.
