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 Concordia College New York 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 Concordia College New York's disciplinary process and why you need an attorney-advisor if you find yourself in this predicament.
Concordia College New York's Disciplinary Process
According to Title IX, Concordia College New York is required to adjudicate any cases of sexual misconduct brought to the institution's attention. The Department of Education urges compliant higher education institutions 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.
Reporting
Any student, faculty, or staff member of Concordia College who believes that he or she has been a victim of sexual misconduct is strongly encouraged to bring a complaint to the appropriate Title IX Coordinator.
Complainants may withdraw their complaint or involvement from the Concordia College process at any time.
Investigation
Normally, the investigation process shall include the following elements:
- The appointment of investigator(s): the Title IX Coordinator, or his or her designee, will appoint one or more investigators. The complainant and the respondent will be notified in writing of the identity of the investigator(s) assigned to their case.
- The complainant's account of the alleged misconduct: the investigator(s) will interview the complainant to obtain their account of what happened
- The respondent's account of the alleged misconduct: the investigator(s) will interview the respondent to obtain their account of what transpired
- Witness statements: the investigator(s) may interview any witnesses who may have information of relevance to the alleged misconduct.
- Investigator's summary of the investigation: the investigator(s) will prepare a written summary of the investigation to guide the adjudicator in her/his review of the information gleaned from interviews, affirmed summaries, and any other evidence provided.
Adjudication
Normally, the adjudication process shall include the appointment of an adjudicator and a determination. The adjudicator will render a decision based upon the investigation summary,, and response to this summary from both parties, and any other information presented. The adjudicator will use a “preponderance of evidence” (more likely than not) standard in determining whether a violation of school policy has occurred.
Appeals
Following the communication of the decision by the adjudicator(s), the complainant or respondent may request an appeal of the decision. The basis for an appeal will be limited to the following:
- Newly-discovered evidence which may substantially affect the outcome of the adjudication
- A procedural error which substantially affected the outcome of the adjudication; and
- The sanction was too lenient or too severe.
An appeal must be submitted in writing to the Title IX Coordinator within three business days of receiving the notice of outcome.
New York Title IX Attorney
If you've been accused of sexual misconduct at Concordia College New York, 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 for help at 888-535-3686.
