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 Marist 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 Marist College's disciplinary process and why you need an attorney-advisor if you find yourself in this predicament.
Marist College's Disciplinary Process
Under Title IX, Marist 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 Marist College to respond to these accusations in a manner that is prompt and equitable. If the university 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 Misconduct
Any member of the community, guest or visitor who believes that school policy has been violated is encouraged to contact the Title IX Coordinator or designee. The school emphasizes that a report should be submitted within 24 hours of becoming aware of a report or incident, but there is no statute of limitations.
Intake
Following receipt of the notice, the Title IX Coordinator will conduct an initial Title IX assessment. The end goal of this assessment is to provide an integrated and coordinated response to these reports. The assessment will consider the nature of the report, the safety of the individual, the campus community, and the reporting parties' preference for resolution.
A full investigation will necessarily be pursued if there is evidence of a pattern of misconduct or a perceived threat of further harm to the community or any of its members.
Investigation
If the Title IX assessment concludes that College disciplinary action may be appropriate, and the reporting party wishes to pursue a formal resolution the College will initiate an investigation.
At the conclusion of the investigation, the investigator(s) will prepare a report setting forth the facts gathered which will be forwarded to the Title IX Coordinator and the College Administrator responsible for initiating disciplinary resolution proceedings.
Formal Hearing
The Title IX Coordinator will appoint a panel Chair, along with several panel members and conduct a hearing. The complainant, respondent, and witnesses will all be interviewed for clarification and additional information. After all accounts are heard, the panel will deliberate to determine whether the responding party is responsible or not responsible for the violation in question.
Appeals
All requests for appeal considerations must be submitted in writing to the Title IX Coordinator within five business days of the delivery of the written determination of the panel.
New York Title IX Attorney
If you've been accused of sexual misconduct at Marist 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 the Lento Law Firm today at 888-535-3686 for help.
