Title IX of the Education Amendments is a federal law that prohibits sexual misconduct in federally funded schools. Being accused of sexual assault, sexual harassment, rape, or any other form of sexual misconduct at Marymount Manhattan 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 Marymount Manhattan College's disciplinary process and why you need an attorney-advisor if you find yourself in this predicament.
Marymount Manhattan College's Disciplinary Process
According to Title IX, Marymount Manhattan 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 MMC 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
An individual can report a Title IX complaint to a University employee, a Title IX Coordinator, or a deputy coordinator. Complaints are to include the names of the people involved, the names of witnesses, a detailed description of the alleged conduct, when and where the conduct occurred, and relevant evidence of correspondence (text messages, emails, social media, etc).
There is no statute of limitations with respect to filing a complaint of an alleged incident. However, complainants are encouraged to report a violation as soon as possible.
Initial Review
When the College receives a complaint or otherwise learns of a concern about sexual misconduct, it will review the matter to determine if the behavior, as reported, would violate MMC policies.
Investigation
The Title IX Coordinator will appoint an internal and/or external to conduct a prompt, thorough and impartial investigation of the complaint. This investigation consists of separate interviews of the complainant, the respondent, or other individuals who may have witnessed the reported incident or incidents or have other relevant information, and a review of any relevant documents, paragraphs or other materials. At the completion of the investigation, the investigator will provide an investigation report to the Title IX Coordinator.
Findings and Outcomes
If the investigation determines that the policy was violated, the College will act promptly to eliminate the offending conduct, prevent its recurrence and address its effects, which may include sanctions/discipline, where appropriate.
Appeals
The complainant and respondent may appeal the outcome of the complaint. Appeals must be made in writing and submitted to the Title IX Coordinator within 14 calendar days of the notification of the decision regarding the outcome of the case. Grounds for appeal include:
- A material deviation from the procedures affected the outcome of the case;
- There is new and relevant information that was unavailable, with reasonable diligence and effort, at the time of the investigation, that could reasonably affect the findings; or
- The sanctions are disproportionate to the determined violation(s).
New York Title IX Attorney
If you've been accused of sexual misconduct at Marymount Manhattan College, you have the right to choose anyone to be your advisor and assist you throughout the Title IX process. It would be in your best interest to an attorney who can help you effectively navigate the process and build a solid defense for you. Attorney Joseph D. Lento of the Lento Law Firm has extensive experience defending respondents in sexual misconduct cases, contact him today for help at 888-535-3686.
