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 the College of New Rochelle 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 The College of New Rochelle's disciplinary process and why you need an attorney-advisor if you find yourself in this predicament.
The College of New Rochelle's Disciplinary Process
According to Title IX, The College of New Rochelle is required to adjudicate any cases of sexual misconduct brought to the institution's attention. The Department of Education urges compliant higher education institutions like CNR to respond to these accusations in a manner that is prompt and equitable. If the school fails to do so, its federal funding is at stake. Complainants (the reporter of the complaint) and especially respondents (the person accused of sexual misconduct) should understand that their school will approach their case with the utmost seriousness, and each party should follow suit.
Filing a Complaint
Incidents of sexual misconduct should be reported to the College's Title IX Coordinator, or his or her designee. There is no time limit for filing a complaint, but complainants are encouraged to report a complaint immediately after an incident of the alleged misconduct.
Intake Meetings
Upon notice of any allegation of sexual misconduct, the Title IX Coordinator will schedule an individual intake meeting with the complainant. At the intake meeting, the Title IX Coordinator will provide the complainant with a general understanding of this policy, and identify forms of support or immediate assistance available. The Title IX Coordinator will consider how the complainant wishes to proceed and make a decision whether or not to continue the process.
The Investigation
An investigator will interview all parties involved - the respondent, the complainant, and witnesses - and compile a finding. This finding will be assessed in a hearing.
The Hearing
A committee will assess the evidence and written statements provided by all parties involved. When all statements are heard and all questions are answered, the panel will make a determination based on the preponderance of evidence.
Appeals
Either party may appeal the determination and/or sanction within five business days of the receipt of the determination. An appeal must be based on at least one of the following factors to be considered:
- There was a procedural error
- There is new evidence that was not available at the time of the hearing
- The sanctions are too severe or not severe enough
New York Title IX Attorney
If you've been accused of sexual misconduct at the College of New Rochelle, 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.
