Federal law Title IX prohibits sexual misconduct on federally funded campuses. Being accused of sexual assault, sexual harassment, rape, or any other of sexual misconduct at The New School is a Title IX violation that the 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 The New School's disciplinary process and why you need an attorney-advisor if you find yourself in this predicament.
The New School's Disciplinary Process
Under Title IX, The New School is obligated to adjudicate any cases of sexual misconduct brought to the institution's attention. The Department of Education urges compliant institutions like The New School to respond to these accusations in a manner that is prompt and equitable. If the school fails to do so, its federal 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.
Report an Incident
There are five ways to report an allegation of sexual misconduct at the New School.
- an anonymous sexual assault incident report through the system
- the Title IX Coordinator
- Speak with a university confidential employee - a confidential employee is any university employee who is a licensed medical, clinical, or mental-health professional
- Speak with a university responsible employee - a responsible employee is a staff member or faculty member who is required to report information about an incident if it is mentioned
- Contact the Chief Human Resources Officer
Investigation
After an incident is reported, the Title IX Coordinator or designee is tasked with conducting an investigation. This entails speaking with the complainant, respondent, and witnesses to follow up on relevant information. After all the information is gathered, the Coordinator or designee will comprise a finding to be presented to an administrator or a hearing panel.
The Decision
Based on the information compiled by the Title IX Coordinator, an outcome will be decided by the hearing panel or administrator. Both involved parties will be made aware of the determination, and they will be given an opportunity to file an appeal.
Appeal
An appeal must be filed in writing to the Assistant Vice President for Student Equity & Access within 10 calendar days of the decision. In order for an appeal to be granted, it must be based on certain grounds. They include:
- The existence of new facts that were not available throughout the investigation and adjudication process, and may have materially affected the decision if they had been available at the time of the investigation and adjudication
- Evidence that set forth were not followed, and that the failure to follow procedures may have materially affected the decision
- That the sanction(s) imposed was outside the range of sanctions authorized by the Non-Academic Disciplinary Procedures and/or Sexual Misconduct and Violence Policy
New York Title IX Attorney
If you've been accused of sexual misconduct at The New School, you can choose anyone to be your advisor to assist you throughout 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 at 888-535-3686 for help.
