Title IX of the Education Amendments is a federal law that prohibits sexual misconduct in federally funded colleges and universities. Being accused of sexual assault, sexual harassment, rape, or any other form of sexual misconduct at Yeshiva University 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 Yeshiva University's disciplinary process and why you need an attorney-advisor if you find yourself in this predicament.
Yeshiva University's Disciplinary Process
Under Title IX, Yeshiva University is required to adjudicate any cases of sexual misconduct brought to the institution's attention. The Department of Education urges compliant higher education institutions 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.
Complaint Reporting Procedures
Complaints may be reported by the victim or by anyone else who has knowledge of a violation of school policy. Anyone who wishes to initiate a complaint regarding a violation of this policy may do so by contacting any of the following:
- Title IX Coordinator
- Security Department
- Dean of Students
- A member of the Unlawful Harassment Panel
- Office of Human Resources
- Office of the General Counsel
- The University's Confidential Compliance Hotline
Complaints are to include the names of the people involved, the names of witnesses, a detailed description of the alleged conduct, when and where the conduct occurred, and relevant evidence of correspondence (text messages, emails, social media, etc).
Investigation of Reported Incidents
Upon receipt of a complaint, the Title IX Coordinator will conduct a fair and impartial investigation. An investigation will entail interviews with the complainant, respondent, and any relevant witnesses. After all the information has been gathered, an investigative report will be compiled.
The Hearing Process
The hearing will be led by a three-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.
Appeals
In all cases, there are three possible grounds for appeal:
• An alleged material violation of the established procedures in this Policy;
• Evidence is now available that could not have been obtained at the time of the initial hearing; or
• The sanction is excessive, inconsistent or insufficient with the nature of the offense.
The appeal request must be submitted to the Title IX Coordinator within five days of the date of the final determination letter.
New York Title IX Attorney
If you've been accused of sexual misconduct at Yeshiva University, you can choose anyone to be your advisor in the Title IX process. It would be in your best interest to choose 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.
