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.
Immaculata University takes instances of sexual misconduct that occur within its student body very seriously. The University's Title IX Policy prohibits sexual misconduct and lays out a process for enforcing discipline when a complaint arises. The process for resolving complaints about sexual misconduct is separate to the way the University will manage instances of standard misconduct and is also handled with a greater degree of scrutiny.
Immaculata University Complaint Process
The University will begin the complaint process once an incident is reported to a University official. When a complaint is filed, the student who initiates the complaint will be known as the complainant, while the student who will face allegations will be known as the respondent. The University will investigate the matters once the complaint is filed. During the investigation, the University may take special interim protection measures for the complainant. The goal of which is to prevent interference or retaliation from the respondent. These protective measures may include providing special considerations for the complainant or enacting a "no contact order" against the respondent, depending on the situation. Interim measures can be imposed at any time during the investigation.
Formal Investigation & Resolution
The University will resolve complaints through an investigation and resolution process. With the aid of the Title IX Coordinator, the investigation will aim to get to the facts of the matter, reach a decision, and issue any resulting sanctions should they be necessary. Typically, investigations are meant to be resolved within a time frame of up to 60 days from the initial complaint. Investigations will consist of separate meetings with both the complaint and respondent. The complainant or respondent may suggest witnesses and evidence to support their own cases, and the investigator will review these persons or items accordingly. Parties are no allowed to cross-examine one another. Once the time frame has been reached, or once enough evidence and information has been gathered, the investigator will make a determination on what violations occurred. Decisions are made using the standard of "a preponderance of evidence."
The University does not make it explicitly clear on what rights a respondent has on the process, however, students may find it helpful to receive an attorney's counsel from behind the scenes. Sexual misconduct allegations are taken very seriously by the University. The consequences of these allegations can have a long-term impact on a student's academic and career goals. For this reason, students should have an attorney working with them during the investigation. An attorney can help to ensure that a student's rights are protected throughout the investigative process. In addition, if any adverse consequences follow the initial allegations, an attorney will be able to guide a student through these circumstances.
Appeals
In the event of an unfavorable investigation outcome, students are entitled to an appeal through the University's guidelines. Both complainant and respondent are entitled to an appeal.
If you or your student is facing sexual misconduct allegations or Title IX charges at Immaculata University, contact the LLF Law Firm today.
