Caldwell University will handle any violations of sexual misconduct that arise within its student body with potentially severe consequences. The University's policies and procedures on how it will handle these incidents are outlined in the University's Student Handbook. The policies used for instances for sexual misconduct are separate from the processes used for standard misconduct. The process is upheld and enforced by the University's Title IX Coordinator.
Caldwell University Sexual Misconduct
When a report is filed with a University official concerning sexual misconduct alleged to have been committed by a student, the University will begin its process for resolving the incident. Throughout the process, the student that initiates the complaint will be known as the "complainant," while the student facing allegations will be known simply as the "accused student." The University will begin investigating the complaint to see which actions are appropriate for the situation. Investigations will consist of meeting with each party separately, and each party will have a chance to suggest evidence and witnesses they deem relevant for review and consideration. After the investigation has concluded, the results of the investigation will be compiled in a report and the students will be made aware of the findings. If it is believed that the University's Title IX policies have been violated, the investigator will move the case forward to a hearing. If it is deemed necessary, the University may impose certain interim measures upon the accused student. This can include no contact orders, reassignments of housing or classes, or potential suspensions.
Hearings
If a case is to move forward to a Title IX hearing, it will be decided upon by the Student Conduct Board. At hearings, the meeting will proceed according to the will of the board, however, both parties will, in theory, be guaranteed certain rights throughout the process, such as presentation of evidence and witnesses. The Hearing Board may take certain precautions or measures for the safety and comfort of the complainant. After all, information has been presented, the Hearing Board will deliberate upon the evidence and reach a decision. Decisions are made using the standard of "more likely than not."
At hearings, students are entitled to the presence of an advisor of their own choosing. Sexual misconduct allegations at Caldwell University are taken incredibly seriously and can carry punishments up to and including expulsion. In addition, the very reporting of these allegations can have long-term serious consequences for a student's academic and professional career. For these reasons, students should select an attorney to serve as an advisor at their hearings. Attorneys can ensure that a student's rights remain protected throughout the process, and can help students select and present valuable evidence to support their case. In addition, if any adverse consequences follow the allegations at Caldwell University, an attorney can serve as a guide through these consequences.
Appeals at Caldwell University
If the hearing presents a student with an unsatisfactory outcome, an appeal may be made if certain grounds are met. Appeals are to be submitted within five (5) working days of the result, and the grounds for appeal are procedural error, new evidence, or disproportionate sanctions.
If you or your student is facing sexual misconduct allegations or Title IX charges at Caldwell University, contact attorney Joseph D. Lento today.
