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 the Dominican College of Blauvelt 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 the Dominican College of Blauvelt's disciplinary process and why you need an attorney-advisor if you find yourself in this predicament.
Dominican College of Blauvelt's Disciplinary Process
According to Title IX, the Dominican College of Blauvelt 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 a Potential Policy Violation
The College takes all allegations of sexual misconduct seriously and encourages any member of the College community who has been a victim of sexual misconduct or a witness to sexual misconduct to report the incident to College officials.
A report should contain 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 (e-mails, social media, text messages, etc). There is no statute of limitations for filing a complaint of an alleged incident.
Initial Review
Once the Title IX Coordinator receives a complaint that this policy has been violated, he/she will review the allegations to determine if the behavior, as reported, could violate this policy. Depending on the nature of the allegations, the Title IX Coordinator may conduct the review and determination individually or with the assistance of the Title IX team.
Investigation/Hearing
If it is determined that an investigation is warranted, then the Title IX Coordinator will appoint an internal and/or external investigator to conduct a prompt, impartial, thorough, and fair investigation. The investigation will include separate interviews of the complainant and respondent and a review of all relevant documents provided by each party. The investigation may also include interviews with witnesses to the underlying allegations.
Reaching a Determination
Following an investigation, the investigator(s) will provide the investigative report to the administrative reviewer(s). The administrative reviewer(s) will then submit a determination report to the Title IX Coordinator detailing the outcome of the investigation, and the rationale for the decision. The determination will be made using the “preponderance of evidence” standard, which means that it must be more likely than not that this policy was violated in light of all the information and evidence presented.
Appeal
Both the complainant and respondent can appeal. Appeals must be made to the Title IX Coordinator in writing within five business days of the issuance of the College's decision. The Appeal Board will review the record and will grant an appeal only if one or more of the following criteria exist:
- There was a procedural defect in the original investigation and/or hearing that would substantively affect the outcome of the hearing
- The sanction(s) issued is/are disproportionate to the policy violation
- The presence of new evidence, which was unavailable at the time of the investigation or hearing
New York Title IX Attorney
If you've been accused of sexual misconduct at the Dominican College of Blauvelt, 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.
