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 colleges and universities. Being accused of sexual assault, sexual harassment, rape, or any other form of sexual misconduct at D'Youville 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 D'Youville College's disciplinary process and why you need an attorney-advisor if you find yourself in this predicament.
D'Youville College's Disciplinary Process
Under Title IX, D'Youville 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
D'Youville strongly encourages the prompt reporting of sexual misconduct. The report may be made by:
- A person covered by this policy who believes they experienced sexual misconduct; or
- A person who has information that sexual misconduct may have been committed by a person covered by this policy.
Reports should be made to the Title IX Coordinator.
Investigation
Upon receipt of a complaint, the Title IX Coordinator will conduct a fair and impartial investigation. An investigation will entail interviews with the complainant, respondent, and any relevant witnesses. After all the information has been gathered, an investigative report will be compiled.
At the conclusion of the investigation, the Title IX Coordinator will prepare a written report. The investigator's written report will generally contain, at a minimum, a summary of the investigation and a recommendation regarding any actions the College will take to provide accommodations to the impacted party.
The Review Committee
At the conclusion of the investigation process, the Review Committee will review the investigator's report to determine if the investigation was sufficiently thorough, fair, and devoid of procedural irregularities. During this review period, the Committee may ask questions of the Title IX Coordinator for clarification and factual understanding of the report.
The Review Committee's written determination will be provided after deliberation.
Appeals
Both parties have the right to submit an appeal to overturn a determination and/or sanction. An appeal under this policy must be submitted within 14 calendar days of the appealing party's receipt of the Review Committee's written determination. The grounds of appeal are limited to:
- A procedural error occurred during the process that had a direct impact on the outcome;
- New evidence has come to light that has a direct impact on the outcome which could not have been discovered by a properly diligent person before or during the original proceeding;
- The sanction is too severe (appeal from respondent), or the sanction is too lenient (appeal from complainant)
New York Title IX Attorney
If you've been accused of sexual misconduct at D'Youville 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.
