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.
Centenary University takes instances of sexual misconduct within its student body particularly seriously. The University upholds and enforces a Sexual Violence Response & Prevention Policy. The policy contains language that depicts what is considered sexual misconduct, as well as what actions will be taken by the University when an incident of sexual misconduct is reported. The University's process for resolving incidents of sexual misconduct is separate from the process used to resolve and discipline instances of standard misconduct, and greater scrutiny will be applied.
Centenary University Sexual Misconduct Process
The University will begin a process for resolving incidents of sexual misconduct one a complaint has been filed with a University official. The process is overseen by the University's Title IX Officer. Students who file complaints will be known as the "complainant," while the student who faces allegations will be known as the "claimed offender." Once a complaint has been filed, it will be reviewed by the Title IX Officer for the appropriate action to be taken. This is referred to as a "Gatekeeper Determination," and will be used to see if formal resolutions are necessary. The University will make an effort to resolve complaints through an informal process, if it is applicable to the situation. Informal resolutions will rely on a mediative process between students, and will be guided by the the University. The University will not, however, use an informal resolution for incidents of sexual assault.
Formal Resolutions
If the University deems it necessary to resolve the complaint formally, there will be an investigation held to determine the facts. The Title IX Officer will meet separately with both the complainant and the claimed offender. From the investigation, the Title IX Officer and the appointed investigator will make a determination of a student's responsibility for the allegations based on the standard of "a preponderance of evidence." The finding will be shared with the University Title IX Coordinator, who will help determine the appropriate sanction.
At hearings and through investigations, students may be accompanied by an advocate selected from the University's faculty or staff. Sexual misconduct allegations are extremely serious matters, and can carry serious consequences for students that will follow them throughout all walks of life. At a minimum, consequences resulting from an adverse Title IX finding and sanction can seriously jeopardize a student's academic and professional goals. For these reasons and others, students should receive counsel from an attorney; even if working form behind the scenes. An attorney can work with a student to ensure that their rights are protected throughout the investigative process. In addition to this, if a student faces any additional consequences from the initial reporting of the allegations at Centenary University, an attorney can guide a student through these circumstances.
Appeals at Centenary University
If the investigative process results in an unfavorable outcome, the result may be appealed. Appeals must be submitted within 72 business hours of receiving the letter of outcome. There are no particular grounds for appeal, though the appeal must state its stances.
If you or your student is currently facing Title IX charges or sexual misconduct allegations at Centenary University contact attorney Joseph D. Lento today.
