When an instance of sexual misconduct occurs within its student body, Monmouth University makes use of its Sexual Misconduct Policy to take disciplinary action against students. The policy is handled by the University's Office of Equity and Diversity. The University pursues disciplinary action against students in a much more serious and severe manner than it does with normal student code of conduct violations.
Monmouth University Sexual Misconduct Procedures
When a complaint is filed against a student, the University will launch an investigation into these matters. Students who initiate the filing will be known as "complainant," while the student who is the subject of the complaint will be known as the "respondent." The investigation will be handled by the University's Title IX Coordinator. During the investigation process, the University may impose certain interim measures on a respondent if they believe that there may be attempts to interfere with the investigation or if there is reason to believe that a student poses a threat to the complainant or the University community.
Hearings
Following the University's investigation, the hearing process will begin. Hearings are held and decided upon by a hearing panel, featuring 3 designated individuals from various branches of the University community. These individuals are chosen specifically for resolving Title IX cases. Hearings are not governed by any specific order, and will instead proceed according the direction of the hearing authority. Although there is no schedule or standard flow of a hearing, both complainant and respondent are, in theory, guaranteed certain rights. Prior to hearings, both parties will be given access to information acquired by the University during the Title IX investigation. In addition, both parties are able to submit their own statements in response to the information and events detailed in the investigation. When witnesses are called forward, both parties will be given the opportunity to question them, along with the hearing panel. The witnesses will not be questioned directly, instead, both parties will submit their questions to the hearing panel, who will pose the questions to witnesses. After all of the relevant information has been heard, the hearing panel will close the hearing and deliberate. Decisions will be made by majority vote using the standard of "a preponderance of the evidence" as the standard for proof.
At hearings, students are entitled to the presence of an advisor of their own choosing. Sexual misconduct allegations are very serious claims that can negatively affect a student's academic and professional success in the both the short and long term. Because of this, students should select an attorney to serve as an advisor. Not only can an attorney provide a student with knowledge of time-tested courtroom techniques for argument and questioning, but they can also guide a student through any additional consequences that may arise from the initial reporting at Monmouth University.
Monmouth University Appeals
In the event of an unfavorable outcome, students may make an appeal. Appeals must be submitted within seven (7) calendar days of the hearing outcome. In addition, they must also be on the grounds of an error in the hearing process, a violation of a student's rights, inappropriate sanctioning, and/or new evidence to be considered.
If you or your student is currently facing Title IX charges or allegations of sexual misconduct at Monmouth University, contact attorney Joseph D. Lento today.
