In April of 2024, the Department of Education approved New Title IX rules, which are scheduled to take effect on August 1, 2024. Our firm is closely monitoring ongoing challenges to these new rules in court, and is working hard to provide you the most up-to-date information. Click here to learn about the current state of Title IX and how we can help if you are facing accusations.
Carlow University handles instances of sexual misconduct with a high degree of seriousness. The University's policy for disciplining situations of sexual misconduct that arise within its student body is contained within the pages of the University's Student Handbook. The process for disciplining students for sexual misconduct mirrors that of standard violations, however, greater scrutiny is applied.
Carlow University's Procedures For Sexual Misconduct
The disciplinary process for allegations of sexual misconduct begins when a report is filed with a University Authority. The student who initiates the process is known as the "complainant," while the student facing allegations is known as the "accused." The University will then launch an investigation into these matters to obtain facts necessary to determine whether or not it is appropriate to pursue the Conduct Process against a student for the alleged violations. If the University believes that an accused student may attempt to interfere with the investigation or retaliate against the complainant, the accused may face interim measures. Such measures can include changes in class schedules, residence, or even suspension from the University for a temporary time. Mediation and informal resolutions will not be used to resolve sexual misconduct allegations, and instead, the student facing allegations must undergo a board hearing.
Student Conduct Board Hearings
Student Conduct Board Hearings are led and decided upon by a group of University personnel, assigned to handle cases of this nature. Hearings will not have any particular or specific agenda, and will instead proceed according to the discretion of the Conduct Board. However, both complainant and the accused will, in theory, be guaranteed certain rights throughout the process. Both parties will be given the opportunity to present witnesses to support their respective cases. In addition, students may review any information presented to the board, as well as present any new information they believe to be supportive or relevant to the matters at hand. Students also have the ability to question witnesses that appear before the hearing. The board may demand that certain measures be taken for the complainant's protection at the hearing. After all relevant evidence has been presented, the board will close the hearing and begin deliberations upon the matter. Decisions are to be made using the standard of "a preponderance of the evidence."
At hearings, students are entitled to have an advisor. When a student faces sexual misconduct allegations, their future prospects for their academic and professional goals are thrown into jeopardy. Due to the very serious nature of these allegations, students should select an attorney to serve as their advisor. An attorney will be able to protect a student's interests during the investigation and disciplinary proceedings.An attorney will also have specialized knowledge of defensive argument tactics, and methods of cross-examination for witnesses. These techniques can be incredibly useful in a University hearing. In addition, if any adverse consequences follow the reporting of the allegations at Carlow University, an attorney will be able to assist students through them.
Carlow University Appeals
In the event of an unfavorable outcome, students have a chance at an appeal. Appeals must be submitted within five (5) business days of the outcome. The grounds for appeal are procedural error, new information, or a claim of excessive sanctions.
If you or your student is facing Title IX charges or sexual misconduct allegations at Carlow University, contact LLF Law Firm today.
