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 the Berkeley College of New York 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 the Berkeley College of New York's disciplinary process and why you need an attorney-advisor if you find yourself in this predicament.
The Berkeley College New York's Disciplinary Process
According to Title IX, the Berkeley College of New York 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 Berkeley 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 Complaint
An individual can report a Title IX complaint to the Title IX Coordinator. 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).
There is no statute of limitations with respect to filing a complaint of an alleged incident. However, complainants are encouraged to report a violation as soon as possible.
Preliminary Meeting
After receipt of a complaint, the school's Title IX Coordinator will meet with the complainant within one week. This meeting is known as a “preliminary meeting.” During this meeting, the coordinator will inform the complainant about the investigation procedure and timeline, and he or she will be able to provide or present evidence and witnesses on their behalf.
The Investigation
The Title IX Coordinator will have 30 days from the preliminary meeting to complete the investigation of the event in question. The investigations entail gathering facts, interviewing witnesses and comprising all the information gathered into a finding. A finding compiled of this information will be drafted.
The Decision
An administrator will review the findings compiled during the investigation and determine whether there was a violation of school policy.
Appeal
Students have within 5 business days of the date of receipt of the determination to file a written appeal to the Appeals panel. The appropriate grounds for an appeal are as follows:
- A procedural error occurred
- New information exists that would substantially change the outcome of the finding
- The sanction is disproportionate with the violation
New York Title IX Attorney
If you've been accused of sexual misconduct at the Berkeley College of New York, you can choose anyone to be your advisor in the Title IX process. Because the stakes are so high, it would be in your best interest to choose a legal professional 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.
