Title IX of the Education Amendments is a law that prohibits sexual misconduct in federally funded. Being accused of sexual assault, sexual harassment, rape, or any other form of sexual misconduct at Barnard College 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 Barnard College's disciplinary process and why you need an attorney-advisor if you find yourself in this predicament.
Barnard College's Disciplinary Process
Under Title IX, Clarkson 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 like Barnard College 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.
Filing a Report
Any report of alleged misconduct by a student, member of the faculty, staff or administrators of Barnard College or a person who is not a member of the Barnard College community can be filed with the Title IX Coordinator. It is important to note, however, that not every report leads to a disciplinary process.
Promptly following the receipt of a report, the information will be reviewed by the Title IX Coordinator to determine if there may be a reason to believe that a policy may have been violated. An initial inquiry will be undertaken by the Title IX Coordinator, if necessary, to determine whether a formal investigation must commence. An inquiry is a prompt process that should not take longer than five to ten calendar days from receipt of the complaint.
Reports of alleged misconduct will be equitably investigated in a fair, impartial, thorough and prompt fashion, providing a meaningful opportunity for participants to be heard. The investigation will be conducted by individuals without a conflict of interest or bias for or against either party.
A trained Title IX Investigator will interview the complainant, respondent, and available witnesses, as appropriate. The complainant and respondent may each have an advisor of choice present at all meetings and interviews. At the conclusion of the investigation, an investigative report will be created.
Upon review of the investigative report, the respondent will be given the opportunity to respond to the alleged violation of policy. If the respondent declines responsibility, the case will be forwarded to an adjudicator for review and adjudication.
A panel of three administrators will serve as the appeals panel. An appeal must be submitted within 5 business days following the date on the outcome letter.
New York Title IX Attorney
If you've been accused of sexual misconduct at Barnard College, you can choose anyone to be your advisor in 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.