Title IX of the Education Amendments is a federal law that prohibits sexual misconduct in federally funded universities. Being accused of sexual assault, sexual harassment, rape, or any other form of sexual misconduct at Daemen 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 Daemen College's disciplinary process and why you need an attorney f you find yourself in this predicament.
Daemen College's Disciplinary Process
According to Title IX, Daemen 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.
Report the Incident
Daemen College encourages but does not require victims, survivors, complainants, and witnesses to report the to the Title IX Coordinator via complaint. 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.
Initial Assessment
The Title IX Coordinator will promptly make an initial assessment upon notification of the complaint. The purpose of an initial assessment is to determine the validity of any information received about the incident. If the College determines that an investigation is required, it will attempt to seen consent from the complainant prior to conducting the investigation.
The Investigation
In investigating the complaint, the Title IX Coordinator shall discuss the allegations in the complaint with the respondent and the complainant at separate meetings, and provide them both equal opportunities to identify witnesses and present evidence supporting their respective positions at these meetings.
The Hearing
A Campus Standards Board hearing will be convened where the matter will be reviewed and a determination of responsibility and sanctions, if applicable, will be made.
Appeals
The respondent or the complainant may appeal a decision made by a conduct review body. A request for an appeal must be submitted in writing to the VSPA within five calendar days of the decision.
The written request for any appeal must be based upon one or more of the following reasons, which must be specifically specified in the appeal:
- Violation of College conduct review procedures;
- Misinterpretation of the policies alleged to be violated;
- New evidence not reasonably available at the time of the hearing;
- Improper or excessive sanction(s);
- Decision not supported by a preponderance of evidence.
New York Title IX Attorney
If you've been accused of sexual misconduct at Daemen College, you can choose 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 and build a solid defense for you. Contact attorney Joseph D. Lento today for help at 888-535-3686.
