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 CUNY York College 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 CUNY York College's disciplinary process and why you need an attorney-advisor if you find yourself in this predicament.
CUNY York College's Disciplinary Process
According to Title IX, CUNY York College 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 CUNY York College 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.
Reporting Sexual Misconduct to the College
Students, faculty, staff, and visitors are encouraged to report incidents of sexual misconduct to campus officials. They can bring their complaints to one of these campus officials/offices:
- Title IX Coordinator
- Office of Public Safety
- Office of the Vice President for Student Affairs or Dean of Students (students only)
- Residence Life staff in CUNY owner or operated housing (students and residence visitors only); and
- Human Resources Director (employees only)
Investigating Complaints of Sexual Misconduct
The college of Title IX Coordinator is responsible for conducting any investigation in a prompt, thorough, and impartial manner and may designate another appropriately trained administrator to conduct all or part of the investigation. Whenever an investigation is conducted, the Title IX Coordinator shall:
- Coordinator investigative efforts with appropriate offices
- Inform the complainant that an investigation is being commenced and that the respondent will receive a written summary of the allegations
- Interview witnesses who might reasonably be expected to provide information relevant to the allegations, and review relevant documents and evidence. Both the complainant and respondent shall be informed that they have the right to provide relevant documents.
Following the completion of the investigation, the Title IX Coordinator will report his/her findings to the College President in writing. The President will then review the investigation report and authorize such action as she or he deems necessary to address the issues raised by the findings.
Appeals
Any party involved may file an appeal to overrule the determination and/or sanction(s). But the grounds of appeal are limited to the following:
- A procedural error occurred that had a direct impact on the outcome
- New evidence has come to light that has a direct impact on the outcome which could not have been discovered by a properly diligent person before or during the original proceeding;
- The sanction is too severe or not severe enough
Students have within five business days of the determination to file an appeal.
New York Title IX Attorney
If you've been accused of sexual misconduct at CUNY York College, 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 for help at 888-535-3686.
