La Roche College does not tolerate acts of sexual misconduct within its student body. The College holds a policy against sexual misconduct within its Student Handbook. The handbook contains information on what actions will constitute sexual misconduct, as well as what actions the College takes for administering disciplinary measures for students who have been alleged to violate the policy. The disciplinary process will mirror that used for incidents of standard misconduct, however, certain special measures may be taken due to the nature of these incidents.
La Roche College Sexual Misconduct Process
The process for investigating and resolving acts of sexual misconduct will begin once a student reports allegations to the College. The College will begin an investigation into the misconduct to gather the facts necessary for the student to be brought to a hearing. During the investigation, if it is deemed appropriate, the student may be subjected to certain interim measures. These can include changes to residence assignments, class schedule, or even a temporary suspension from College activity. Once the investigation has concluded, the Title IX Coordinator will convene a hearing board to make a decision on the sexual misconduct case.
Hearings
Once an investigation has concluded and is set to go to a hearing, a hearing authority will be chosen. For more serious violations, the matter will be directed to a hearing board, the members of which will be chosen by the Title IX Coordinator. At a hearing, the student who files the complaint will be known as "the complainant," while the student facing charges will be known as the "student charged." Hearings will begin with the chairperson of the board reading the charges, and the student charged entering a plea. Next, the complainant will introduce their supporting evidence, witnesses, and argument, which will be cross-examined by the board. Following this stage, the student charged will do the same, subject to the same cross-examinations from the board members. The student charged will then have an opportunity to make closing remarks, and the hearing will close for deliberation. The board will make a decision by a majority vote, using the standard of "a preponderance of the evidence" to make their individual decisions.
Students are entitled to an advisor of their own choosing, however, in most cases, the advisor must be from the College community. Sexual misconduct allegations, due to their serious nature and potentially severe consequences, may warrant a special circumstance for the student to select a member from outside the community. In either case, it is critical that students facing allegations obtain an attorney's counsel either at their side if permitted, or behind the scenes of the College's investigation. An attorney will make sure that a student's rights remain protected and can even help a student prepare evidence and argument for their case. An attorney can also ensure that the integrity of the College's Title IX investigation and disciplinary proceedings is upheld. In addition, should any adverse consequences follow the initial reporting of the allegations at La Roche College, an attorney can serve as a legal guide.
Appeals at La Roche College
In the event of an unfavorable outcome, students have a chance to make an appeal. Appeals must be submitted within 72 hours of the hearing decision. The grounds for appeal are unfairness in the hearing, a decision contrary to evidence, inappropriate sanctions, and new evidence.
If you or your student is currently facing sexual misconduct allegations or Title IX charges at La Roche College, contact LLF Law Firm today.
