Title IX of the Education Amendments is a federal law that prohibits sexual misconduct in federally funded schools and universities. Being accused of sexual assault, sexual harassment, rape, or any other form of sexual misconduct at Medaille 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 Medaille College's disciplinary process and why you need an attorney-advisor if you find yourself in this situation.
Medaille College's Disciplinary Process
According to Title IX, Medaille 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 Medaille College 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.
The Complaint
Any person can file a complaint with Medaille College alleging that a student, employee, or third party violated the school's sexual misconduct. Individuals who believe that they have been harassed or discriminated against should address their concerns to the appropriate administrative official at the College as set forth below:
- Faculty Members: Director of Human Resources
- Staff Members (including Administrative Staff): Director of Human Resources
- Students: Vice President of Student Development or Title IX Coordinator
The Process
The Title IX Coordinator will arrange for individual(s) to act as an investigator(s) in the matter. The investigator will gather evidence and interview all the parties and any person believed to have relevant factual knowledge.
Hearing
The hearing will be led by a 3-person panel, who will facilitate statements made by each party and a questioning period for clarification. When all statements are heard and all questions are answered, the panel will make a determination based on the preponderance of evidence.
Appeal
Either party may appeal the determination and/or sanction within three business days of the receipt of the determination. Grounds for appeal are limited to:
(1) Violation of Medaille College conduct review procedures;
(2) Previously unavailable, relevant evidence that could affect the outcome;
(3) Improper or excessive sanctions; and/or
(4) The decision is not supported by a preponderance of the evidence.
New York Title IX Attorney
If you've been accused of sexual misconduct at Medaille College, you can choose anyone to be your advisor in 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. Contact attorney Joseph D. Lento today for help at 888-535-3686.
