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.
Fairleigh Dickinson University treats incidents of sexual misconduct with a high degree of seriousness. Incidents of sexual misconduct are resolved through the University's Nondiscrimination & Anti-harassment Policy. The University's Title IX Coordinator is responsible for the review and adjudication of the policy.
Investigation & Resolution at Fairleigh Dickinson
Throughout the process, the student who initiated the report will be known as the "Reporting Party" while the subject of the report will be known as the "Responding Party." When a report is filed against a student for sexual misconduct, the title IX Coordinator will assemble a Response Team to conduct a preliminary assessment of the situation to determine if any interim measures should be imposed on the Responding Party. These interim measures can include temporary suspension, relocation of housing assignment, and other restrictions. The Response Team will make the determination on how to proceed with resolving the incident.
Informal Resolution
An Informal Resolution can be pursued voluntarily by both parties involved in the incident. These situations are typically remedied by educational programs, or at times mediative sessions between the parties. Allegations of Sexual Assault, Sexual Violence, and the like, cannot be resolved informally.
Formal Resolution
When a matter is to be settled through Formal Resolution, the University will conduct a thorough investigation into the matter. The Title IX Coordinator will appoint an Investigating Officer to gather evidence and facts regarding the incident. This may involve a number of investigative interviews with witnesses and both parties. Once enough information has been gathered, the Investigative Officer will finalize the findings in an investigative report. Both parties will have an opportunity to review the information before the final report is generated.
A hearing will then be held. The Deputy Title IX Coordinator will serve as the adjudicator for the case. The Adjudicator will call a pre-hearing meeting to meet with both parties separately, where they may submit any additional information to be considered. After a short time has passed, and enough time has been allowed for the Adjudicator to review the investigative report and all other pertinent information, both parties will be asked again to attend a Formal Resolution Meeting. Both parties will speak with the Adjudicator separately and both will be informed of the decision.
At hearings and meetings with the Adjudicator, students are permitted the presence of both a support person and an advisor. The role of a support person is to lend emotional support to the student, however, the role of an advisor is more active, as an advisor may provide guidance to the student. Due to the potential for serious consequences from sexual misconduct incidents, the advisor selected should be an attorney. An attorney can ensure that a student's rights are protected throughout the process. In addition to this, an attorney will be able to guide a student through any additional adverse consequences that may follow from the initial reporting at Fairleigh Dickinson University.
Fairleigh Dickinson University Appeals
In the event of an unfavorable outcome, students may make an appeal of the decision. Appeals must be submitted in writing within five (5) business days of receiving the outcome. The grounds for appeal are an error in procedure or new evidence for consideration.
If you or your student is facing Title IX charges or allegations of sexual misconduct, contact attorney Joseph D. Lento today.
