If you have been accused of sexual misconduct at your school, you will be required to undergo specific processes that will either determine your innocence or guilt. In order to maximize your chances of receiving a favorable outcome, it is important you understand what you're up against, and the options your school allows you to utilize in the midst of Title IX processes.
Title IX Process
Since the Delaware College of Art and Design receives a portion of federal funding from the government, the school will be tasked with promptly and impartially handling sexual misconduct allegations when they arise in accordance with Title IX. When a complaint is filed, the person who is the alleged victim within a report is considered a “complainant,” while an alleged offender is known as a “respondent.” Once a school receives notice of the alleged sexual misconduct, the report will be handled by the institution's Title IX coordinator, who will immediately launch an investigation.
The investigation
All members of the campus community are urged to cooperate with the investigators who are tasked with finding facts relevant to the alleged occurrence of sexual misconduct. This investigation will likely entail talking to all parties separately to get their prospective account of events, speaking to witnesses, and anyone else who would have knowledge of the circumstances surrounding the perceived misconduct.
The Delaware College of Art and Design conflates the investigation and hearing process in the sense that respondents are able to make their statements in an informal setting with investigators, rather than being in proximity of their accuser. Much of this process includes the separation of the two parties at all times, to protect the complainant from being retaliated against. Once the investigators write up a finding determining whether or not it is likely that a violation was committed, they will proceed to send it to the Title IX coordinator.
Findings that are positive, will lead to an adjudication outcome. In the event that the findings are negative, no sanctions will be imposed upon a respondent.
Adjudication
If a student is found responsible for sexual misconduct at the Delaware College of Art and Design, they will have to endure disciplinary action. Although there is a broad span of adjudication outcomes, ranging from lesser penalties to penalties that are severe, accused students and their parents must understand that when a respondent is found responsible, suspension and expulsion are common sanctions. Each party will be informed of this outcome in a written report.
Appeals
Respondents may appeal a determination to the Student Conduct Committee within 10 days of the decision. An appeal will only be granted if a respondent can prove the following:
- a procedural error has occurred,
- new information exists that would substantially change the outcome of the finding, or
- the sanction is disproportionate to the violation
Title IX Advisor
During Title IX processes, you are allowed to choose anyone you would like to be your advisor. Selecting an attorney would be in your best interest. Contact skilled legal professional Joseph D. Lento today for help.
Title IX violations and Title IX charges can change an accused student's life if not defended against properly and as early as possible during the disciplinary process, and Joseph D. Lento has nearly a decade of experience passionately fighting for the future of his clients at universities and colleges throughout the nation. He does not settle for the easiest outcome, and instead, prioritizes his clients' needs and well-being. Joseph Lento is a licensed attorney in New Jersey and New York, is admitted as an attorney pro hac vice in state and federal court if needed when representing clients nationwide, and serves as a Title IX advisor to students facing disciplinary cases in Delaware and throughout the nation. Make certain your or your student's interests are protected - Joseph D. Lento can help.
