Temple University's Title IX process takes a much firmer stance on instances of a student's sexual misconduct than the University does when it comes to other kinds of disruptive misconduct. Sexual misconduct is categorized by a number of actions such as stalking, harassment, sexual violence, and can even include any gender-based aggressions as well. Students at Temple who are accused of Title IX violations will go through a separate Student Conduct Process for Title IX violations.
Student Conduct Process at Temple University
The Student Conduct Process begins when a formal complaint is filed against a student. When a student is accused of a violation, they will be referred to throughout the Student Conduct Process as the "accused student." The student who initiated the formal complaint will be known as the complainant. There is also an informal process that does not result in formal charges and keeps the identity of the student confidential. Even if a formal complaint is not initially filed, the University or the complainant may decide to follow the process for a formal complaint.
When a formal complaint is initiated, the University will launch an investigation into the matter. The results of the investigation will be used in the University hearings. Investigations will focus on finding witnesses and obtaining information from both complainant and the accused student. An interim suspension and other precautionary measures such as "no contact orders" may be imposed upon the accused student during the course of the Title IX investigation.
Hearings
When an accused student faces allegations of Title IX violations, they will be subjected to a hearing process to determine their responsibility for the charges. The hearing will be held and decided by a hearing board of individuals selected specifically for Sexual Misconduct violations. At hearings, both complainant and accused will be able to present their own respective sides. Evidence and witness testimony may be used at hearings to support the case from either side. After the board has heard all relevant evidence and testimony, they will go into a private deliberations phase. The standard for making a decision is "more likely than not."
Students are allowed to have an advisor of their choosing to assist them through the process. A student's advisor should be an attorney because so much is at stake; academically, professionally, and otherwise. Attorneys have an understanding of proper methods of presenting evidence, construction of argument and examination of witnesses, which can be incredibly useful when applied in a University hearing. A student armed with an attorney's counsel and advice can have a critical edge when facing the hearing board. An attorney can ensure that the integrity of the Title IX investigation and disciplinary proceedings at Temple University is upheld, and that an accused student's rights and interests are protected throughout the process. An attorney will also be able to advise and counsel accused students regarding other potential adverse consequences that can result from the allegations made in the University setting.
Appeals
In the event of an unfavorable outcome, the decision of the hearing may be appealed. Students have five (5) business days of the decision to make an appeal. The appeal must be on the grounds of either a defect in the established procedure or new evidence that can affect the outcome. Appeals are reviewed and decided upon by an Appellate Board.
If you or your student is facing sexual misconduct or Title IX allegations at Temple University, contact attorney Joseph D. Lento today.
