Marywood University takes a firm stance against instances of sexual misconduct that arise within its student body. The University upholds a Sexual Misconduct Policy to enforce instances of sexual misconduct. The process is overseen by the University's Title IX coordinator.
Marywood University Sexual Misconduct Procedure
The process begins when a complaint is filed with a University official. Students who file the complaint are known as the "complainant," while the student facing allegations is referred to as the "respondent." At times, the complainant may choose to engage in a mediation process to resolve the complaint informally, however, instances of sexual violence or sexual assault are ineligible for an informal resolution, and will always result in a disciplinary investigation. In addition, the University may take certain interim measures to protect the complainant, as well as the integrity of the investigation. This may result in changes to class schedules, housing, and possibly even a temporary suspension for the respondent.
Investigation And Resolution
Investigations will consist of separate interviews with the complainant, respondent, and any known witnesses. At these interviews, students may also suggest witnesses and evidence to be taken into account by the investigation. Investigations may also consider the respondent's past disciplinary history with the University. At the conclusion of the investigative phase, the investigator will generate a written summary of what the facts of the investigation were, including any witness statements. At this point, the investigator will also provide a finding and recommended sanctions to the Title IX Coordinator. The finding will be based on the standard of "a preponderance of the evidence." The Title IX Coordinator may choose to uphold this finding or may present the case to a chosen review panel. The review panel meets in a closed hearing and will meet with just the investigator and witnesses. The panel may call the complainant and respondent as witnesses if it is deemed necessary. Both complainant and respondent are able to submit questions to the review panel for questioning witnesses, and to the respective opposing party. The review panel will make all decisions using the same preponderance of evidence standard as the investigator.
At all stages of the investigative process, students are entitled to the presence of an advisor. Sexual misconduct allegations are incredibly serious charges and can carry severe and long-lasting consequences for students with further academic and professional goals. Because of this, students facing these accusations should select an attorney to serve as their advisor throughout these proceedings. An attorney will be able to provide deep insight into proper cross-examination and witness questioning techniques and can help ensure that a student's rights remain protected as the investigation moves forward. In addition, if any adverse consequences follow or accompany the initial allegations at Marywood University, an attorney can guide a student through them.
Appeals at Marywood University
In the event of an unfavorable outcome, students may have a chance to make an appeal. Appeals must be made within ten (10) working days of the outcome. The grounds for appeal are new evidence, a claim that evidence was not considered, a claim of procedural error, or a claim of disproportionate sanctions.
If you or your student is currently facing sexual misconduct allegations or Title IX charges at Marywood University, contact the LLF Law Firm today.
