Canisius College

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 Canisius 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 Canisius College's disciplinary process and why you need an attorney-advisor if you find yourself in this predicament.

Canisius College's Disciplinary Process

Under Title IX, Canisius College 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 Canisius 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 Complaint

An individual can report a Title IX complaint to a University employee or a 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.

Initial Assessment

Upon receipt of a complaint, the Title IX Coordinator will conduct an initial assessment to determine whether the allegations in the initial report(s), if true, would constitute a violation of school policy.

If it is determined that there could be a potential violation of school policy, the complaint will be resolved informally or formally. Most sexual misconduct cases are solved formally.

Formal Investigation and Resolution Proceedings


During the course of an investigation, a third-party investigator will:

  • Give the respondent proper notice of the complaint and investigation and provide him or her an opportunity to render information
  • Interview the complainant, the respondent, and any material witnesses
  • Gather all relevant documentary and/or physical evidence
  • Complete the investigation in a timely manner, without unnecessary deviation from the intended timeline
  • Maintain communication with the complainant and the respondent on the status of the investigation and overall process

Decision

The preponderance of evidence standard is the required standard for determining whether a policy violation has transpired. Administrators and hearing panels will be charged with rendering a decision, based on the information provided, if the respondent is responsible or not responsible for the sexual misconduct.

Appeal

Either party may appeal the determination and/or sanction within five business days of the receipt of the determination. An appeal must be based on at least one of the following factors to be considered:

  • There was a procedural error
  • There is new evidence that was not available at the time of the hearing
  • The sanctions are too severe or not severe enough

New York Title IX Attorney

If you've been accused of sexual misconduct at Canisius College, 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.

Contact Us Today!

Footer 2

If you, or your student, are facing any kind of disciplinary action, or other negative academic sanction, and are having feelings of uncertainty and anxiety for what the future may hold, contact our offices today, and let us help secure your academic career.

This website was created only for general information purposes. It is not intended to be construed as legal advice for any situation. Only a direct consultation with a licensed Pennsylvania, New Jersey, and New York attorney can provide you with formal legal counsel based on the unique details surrounding your situation. The pages on this website may contain links and contact information for third party organizations – the Lento Law Firm does not necessarily endorse these organizations nor the materials contained on their website. In Pennsylvania, Attorney Joseph D. Lento represents clients throughout Pennsylvania's 67 counties, including, but not limited to Philadelphia, Bucks, Chester, Delaware, Montgomery, Berks, Lancaster, Lehigh, and Northampton County. In New Jersey, attorney Joseph D. Lento represents clients throughout New Jersey's 21 counties: Atlantic, Bergen, Burlington, Camden, Cape May, Cumberland, Essex, Gloucester, Hudson, Hunterdon, Mercer, Middlesex, Monmouth, Morris, Ocean, Passaic, Salem, Somerset, Sussex, Union, and Warren County, In New York, Attorney Joseph D. Lento represents clients throughout New York's 62 counties. Outside of Pennsylvania, New Jersey, and New York, unless attorney Joseph D. Lento is admitted pro hac vice if needed, his assistance may not constitute legal advice or the practice of law. The decision to hire an attorney in Philadelphia, the Pennsylvania counties, New Jersey, New York, or nationwide should not be made solely on the strength of an advertisement. We invite you to contact the Lento Law Firm directly to inquire about our specific qualifications and experience. Communicating with the Lento Law Firm by email, phone, or fax does not create an attorney-client relationship. The Lento Law Firm will serve as your official legal counsel upon a formal agreement from both parties. Any information sent to the Lento Law Firm before an attorney-client relationship is made is done on a non-confidential basis.

Menu