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.
Title IX of the Education Amendments is a federal law that prohibits sexual misconduct in federally funded. Being accused of sexual assault, sexual harassment, rape, or any other form of sexual misconduct at Clark University 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 Clark University's disciplinary process and why you need an attorney-advisor if you find yourself in this predicament.
Clarkson University's Disciplinary Process
According to Title IX, Clarkson University is required to adjudicate any cases of sexual misconduct brought to the institution's attention. The Department of Education urges compliant institutions like Clark University 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 Report
An individual can report a Title IX complaint to a University employee, a Title IX Coordinator, or a deputy 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.
Preliminary Meeting
Complainants and respondents are made aware of their options. Each party will be informed of the appropriate support services, interim remedies, and other accommodations. The coordinator will decide if there was a possibility of a violation and, if so, which grievance process is appropriate. Mediation is not allowed in the event of sexual violence and parties do not have to be in the same room to allow for grievance proceedings.
Investigation
An investigator will interview all parties involved - the respondent, the complainant, and witnesses - and compile a finding. This finding will be assessed in a hearing.
Hearing
The will be led by a three-person panel, who will facilitate statements made by each party and a questioning period for clarification. When all statements are heard and all questions are answered, the panel will make a determination based on the preponderance of evidence.
Appeal
Either party may appeal the determination and/or sanction within three 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
- There is new evidence that was not available at the time of the
- The sanctions are too severe or not severe enough
New York Title IX Advisor
If you've been accused of sexual misconduct at Clarkson University, you can anyone to be your advisor in the Title IX process. It would be in your best interest to an attorney who can help you effectively navigate the process and build a solid defense for you. Contact attorney Joseph D. Lento today for help.
