Cabrini University will handle all instances of sexual misconduct that arise within its student body with a high degree of severity. The University makes use of its Sexual Misconduct Policy to take disciplinary action against students who violate the policy. The process itself is separate from the manner in which the college handles incidents of standard behavioral misconduct. Due to the serious nature of these incidents, the University will apply a greater degree scrutiny when handling these cases.
Cabrini College Sexual Misconduct Policy
When a student files a complaint against another for sexual misconduct, the University will begin an investigative hearing process to resolve the situation. Throughout this process, the student who files the report will be referred to as the "complainant," while the student who is facing accusations is known as the "respondent." During the investigative process, if it is believed for any reason that the respondent poses any threat to the investigation or to the complainant, the University may impose certain interim measures. This can include class schedule changes, relocation, or even a temporary suspension.
Investigative Hearing Process
Investigations will consist of separate interviews with the complainant, respondent, and witnesses. The complainant and the respondent will not be in the same room at the same time, and will not engage in direct questioning of one another. Instead, they may submit their questions for the opposing party to the investigator for consideration. Both parties may also suggest witnesses during the investigative process for the investigative team to gain different perspectives. If there are any discrepancies, the investigator may meet once more with the parties to address these concerns and to gain clarification on the matter. Once the investigator believes that enough information has been heard, a decision will be made using the standard of a "preponderance of evidence."
Throughout all stages of the investigative process, students are entitled to the presence of an advisor of their own choosing. Sexual misconduct allegations can carry severe consequences that can have far-reaching negative effects on a student's professional and academic goals. Because of this, students should select an attorney to serve as their advisor throughout the process. Attorneys will be able to provide students with insight into methods of cross-examination that can come into play when selecting questions to suggest to the investigator. An attorney will also be able to ensure that a student's rights are protected throughout the process. In addition, should any additional adverse consequences result form the filing of the complaint at Cabrini University, an attorney will be able to help guide a student through these circumstances.
Appeals at Cabrini University
Should the investigation result in an unfavorable outcome, students may make an appeal. Appeals must be submitted within five (5) business days after the outcome letter. Appeals must be on the grounds of new evidence, a mistake in the process, or inappropriate sanctions.
If you or your student is currently facing Title IX charges or sexual misconduct allegations at Cabrini University, contact LLF Law Firm today.