Federal law Title IX prohibits sexual misconduct on federally funded campuses. Being accused of sexual assault, sexual harassment, rape, or any other of sexual misconduct at Farmingdale State College is a Title IX violation that the school must adjudicate. If you are found “responsible” for this conduct, you could be exposed to pretty serious repercussions that could jeopardize your plans to graduate.
In this article, we'll provide an overview of Farmingdale State College's disciplinary process, and why it's crucial you retain an attorney-advisor throughout this process.
Farmingdale State College's Disciplinary Process
Under Title IX, Farmingdale State College is obligated to adjudicate any cases of sexual misconduct brought to the institution's attention. The Department of Education urges compliant institutions like The New School to respond to these accusations in a manner that is prompt and equitable. If the school fails to do so, its federal 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.
Filing a Complaint
Employees and students must file a complaint within 180 days of an incident. Complaints beyond the 180-day deadline will be evaluated on a case-by-case basis.
The complaint should be in writing and sufficiently detailed. Immediately after the complaint is filed, the respondent will be promptly notified and given an opportunity to respond.
Pursuant to a sexual misconduct complaint, it will be investigated expeditiously by the Title IX Coordinator. Farmingdale places an emphasis on confidentiality, claiming that it will be maintained whenever possible. But absolute confidentiality is not always possible, especially in high-profile cases.
During the investigation, a third party investigator will interview the respondent, the complainant, witnesses, and other relevant parties. If, based on the findings, the complaint is found to be valid, appropriate action shall be taken.
An appeal must be filed in writing to the Appeals Panel within five calendar days of the decision. In order for an appeal to be granted, it must be based on certain grounds. They include:
- The existence of new facts that were not available throughout the investigation and adjudication process, and may have materially affected the decision if they had been available at the time of the investigation and adjudication
- Evidence that set forth were not followed, and that the failure to follow may have materially affected the decision
- That the sanction(s) imposed was outside the range of sanctions authorized by school policy
New York Title IX Attorney
If you've been accused of sexual misconduct at Farmingdale, you can anyone to be your advisor to assist you throughout the Title IX process. It would be in your best interest to an attorney who can help you effectively navigate the process and build a solid defense for you. Contact attorney Joseph D. Lento today at 888-535-3686 for help.