Rowan University handles all cases of sexual misconduct that occur within its student body through the University's Student Sexual Misconduct and Harassment Policy. The policy specifically outlines what kind of conduct is prohibited, and also provides a method for disciplinary measures for students who face allegations of violating the policy.
Rowan University Title IX Procedures
The process for Title IX Disciplinary Procedures begins when a Title IX complaint is filed by a student. Throughout the process, the student that initiates the complaint will be known as the "complainant," while the student who is facing sexual misconduct allegations will be known simply as the "accused student." While the disciplinary proceedings are taking place, the University may impose certain interim measures on the accused student, one of which includes a "no contact directive," which prevents the accused student from interacting with the complainant in any way. The University, following investigations into the matter, will resolve the incident in one of two ways: Voluntary Resolution or Formal Resolution.
Voluntary Resolutions
Voluntary Resolutions are used only when deemed appropriate by the University, typically in cases that do not warrant severe sanctions. These cases are resolved through mediation, however, both parties must agree to use this method. If the parties do not agree, the matter will be resolved through Formal Resolution.
Formal Resolutions
Formal Resolutions are used when deemed necessary by the University, or when parties do not agree to resolve the matter voluntarily. Hearings will be held and decided by either the Sexual Misconduct & Harassment Hearing Board (for situations that may result in suspension or expulsion), or an Administrative Hearing Officer (for all other sanctions). Hearings begin with opening statements from the complainant and accused student. Following opening statements, there will a phase for the presentation of witnesses, all of whom can be questioned by both parties. Witnesses will then be questioned by the Board or Hearing Officer, depending on the nature of the case. Following the questioning of the witnesses, the Board or Hearing Officer will then question both the complainant and the accused student. Next, the accused student and complainant can make responding statements regarding the allegations. The Board or Hearing Officer will do a final round of questioning, and both parties will make their closing statements. The Board or Hearing Officer will then retire to deliberate, and a decision will be made (by majority vote when the case is presided over by the Board) using the standard of "a preponderance of evidence."
At hearings, students are entitled to have an advisor of their choosing at their side throughout the process. Sexual misconduct allegations are incredibly serious. The mere reporting of sexual misconduct violations can have long-lasting negative impacts on a student's academic, professional and personal goals. For this reason, an attorney should be selected to serve as advisor. Attorneys can bring courtroom tactics to the University hearing room. Methods of cross-examination and argument can have a strong impact on the outcome of a hearing. In addition, if any adverse consequences arise from the initial reporting at Rowan University, an attorney will be able to guide students through them.
Rowan University Appeals
In the event of an unfavorable outcome, students have a chance to make an appeal. Appeals must be made within five business days of the initial outcome. The grounds for appeal are evidence of a procedural error, new information, an argument for insufficient evidence to support the outcome, or a claim of an inappropriate sanction.
If you or your student is currently facing Title IX charges or allegations of sexual misconduct at Rowan University, contact attorney Joseph D. Lento today.
