Title IX is a federal law that prohibits sexual misconduct against students. Being accused of sexual assault, sexual harassment, rape, or any other form of sexual misconduct at Adelphi University is a Title IX violation that your school must adjudicate. 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 Adelphi's disciplinary process and why you need an attorney-advisor if you find yourself in this predicament.
Adelphi University's Disciplinary Process
Under Title IX, Adelphi University is required to resolve any cases of sexual misconduct brought to the institution's attention. The Department of Education urges compliant higher education institutions like Adelphi to respond to these accusations in a manner that is prompt and equitable. If the university 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.
File a Complaint
Complaints of sexual misconduct may be made verbally or in writing to the Title IX Coordinator. To ensure a prompt and thorough investigation of a complaint, the complainant should provide detailed and relevant information. There is no time limit on when a complaint can be made.
An investigation will be conducted for the sole reason of determining if school policy has been violated, and interim measures may be imposed.
A Title IX Coordinator will inform both the complainant and respondent in writing that an investigation has ensued. During the course of an investigation, an investigator will interview the complainant, respondent, and witnesses.
Formal Resolution Process
Since sexual misconduct cases cannot be resolved informally at Adelphi University, students will undergo the formal resolution process. This process consists of an administrator who will assess the findings of an investigation and use the preponderance of evidence standard to prove that a violation has occurred. The final outcome will be sent simultaneously and in writing to the complainant and respondent within 10 business days.
Students have within three business days of the receipt of the original outcome to request an appeal of a decision and/or sanction to the Associate Vice President for Human Resources and Labor Relations. This appeal must be based on certain grounds to be considered. They are as follows:
- A procedural error has occurred that significantly impacted the outcome of a decision and/or sanction
- The discovery of significant and relevant new information that was unavailable during the original process, has become available and could impact the outcome
- The sanction imposed is clearly not appropriate for the violation
New York Title IX Attorney
If you've been accused of sexual misconduct, 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 at 888-535-3686 for help.