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 CUNY Medgar Evers 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 CUNY Medgar Evers College's disciplinary process and why you need an attorney-advisor if you find yourself in this predicament.
CUNY Medgar Evers College's Disciplinary Process
According to Title IX, CUNY Medgar Evers 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 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 Sexual Misconduct to the College
CUNY strongly encourages individuals who have experienced sexual misconduct to file a complaint with the 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 an alleged violation as soon as possible.
Investigating Complaints of Sexual Misconduct
The Title IX Coordinator is responsible for conducting any investigation in a prompt, thorough, and impartial manner and may designate another appropriately trained administrator to conduct all or part of the investigation. The investigation will consist of interviewing the complainant, respondent, and any relevant witnesses.
At the conclusion of the investigation, an investigative report will be compiled and sent to the College President. If the President decides that discipline is warranted, a hearing will be scheduled to make a final determination.
At a hearing, a panel will listen to the testimony of all relevant parties, ask questions of the witnesses, review the testimony and evidence presented at the hearing, and make a decision as to responsibility.
After the panel hears what it needs to hear, it will deliberate and issue a written decision.
A respondent or a complainant may appeal a decision of the faculty-student disciplinary committee to the president on the following grounds:
(i) procedural error,
(ii) newly discovered evidence that was not reasonably available at the time of the hearing, or (iii) the disproportionate nature of the penalty.
Students have within 15 calendar days of the delivery of the decision to file an appeal to the board committee.
New York Title IX Attorney
If you've been accused of sexual misconduct at CUNY Medgar Evers 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 for help at 888-535-3686.