East Stroudsburg University of Pennsylvania, sometimes known as ESU, holds a dedicated policy for incidents of sexual misconduct that occur within its student body. This is laid out in the university's Title IX Procedures. The process is upheld and overseen by the University's Title IX Coordinator.
East Stroudsburg University Title IX Process
The process begins once a formal complaint is made to the Vice President for Student Affairs, and forwarded to the Title IX Coordinator. From this point, an investigation will be conducted by the Office of Student Conduct. Students facing sexual misconduct allegations will be subject to the same judicial process as standard conduct violations, however, there are certain special actions taking for sexual misconduct incidents. Throughout the process, the student that initiated the complaint will be known as the "accuser," while the student facing allegations will be known as the "accused." The University may impose certain interim measures on the accused to ensure that the accuser remains free from harassment or intimidation; such measures can include a no-contact order, an interim suspension, and the like.
Formal Hearings
Instances of sexual misconduct allegations are normally resolved through the University's Formal Hearing Process. Hearings will be held and decided by an Administrative Hearing Body. Hearings begin with the charges being read to the accused. A representative from the Office of Student Conduct will be selected to present the case against the accused. This representative will act similar to a prosecutor, and will present their case first, including witnesses and evidence. The accused will then present their own case including evidence and witnesses to support their claims. Following the presentation of all information, the hearing body will retire to deliberate and decide on the accused's responsibility for violations. The standard of decision-making will be "a preponderance of evidence."
At hearings involving sexual misconduct, the accused student is entitled to the presence of an advisor to assist them through the process. Allegations of sexual misconduct can seriously jeopardize and complicate a student's academic and professional career. Because of this, it is of utmost importance that a student select an attorney to act as advisor in these hearings. An attorney will be able to provide students with a wealth of knowledge on methods of evidence presentation, oral argument, and witness examination that are used in courtrooms. These skills can be particularly effective when applied to a hearing at the University. In addition, an attorney can guide students through the process related to any potential adverse consequences outside of the University that may follow from the initial reporting at ESU.
East Stroudsburg Appeals
In the event of an unfavorable outcome students may file an appeal. Appeals must be made within five (5) working days following the outcome. The grounds for appeal are a lack of due process, a lack of substantial evidence, new evidence to be considered, and overly severe sanctions.
If you or your student is facing Title IX charges or allegations of sexual misconduct at East Stroudsburg University, contact the LLF Law Firm today.
