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.
Indiana University of Pennsylvania, or as it is more commonly known, IUP, has a separate policy for Title IX violations and incidents of sexual misconduct. The process for administering disciplinary action for Title IX violations is in the hands of the University's Title IX coordinator. The process is resolved using IUP's Sexual Harassment and Sexual Violence Policy.
IUP Sexual Misconduct Policies and Procedures
When a student faces allegations of sexual misconduct, the University demands that only formal procedures be used to resolve the dispute. The student that initiates the charges is known as the referring student, while the student facing the allegations will be known as the accused student. While there is a separate policy for actions that constitute sexual misconduct, the disciplinary process will follow the same Student Conduct Process as normal Code of Conduct violations, however, a different hearing authority will be used to adjudicate and decide the outcome.
Hearings
For Sexual Misconduct hearings, the University will designate a neutral party to represent the referring party throughout the hearing. There is a special hearing board for acts of sexual misconduct that is compromised of University staff. Prior to the start of a hearing, the accused student can challenge board members for impartiality. When the hearing begins, the board will question both the referring party and the accused student. Following this, both parties may appear to defend their claims, answer questions, question witnesses and present their own evidence to support their own side. After all relevant information and testimony have been heard by the board, the board will go into deliberations. The board will decide upon both a decision of responsibility and what sanctions are appropriate.
Accused students are entitled to the presence and assistance from an advisor of their choosing in sexual misconduct matters. With such high stakes in the matter, students should have an attorney as their advisor. Because of the nature of Title IX offenses, a University hearing board will treat the matter much more seriously than most allegations of standard student misconduct. Attorneys can provide a student with insight into methods of defensive argument and evidence presentation that are used in courtrooms across the country. The earlier on in the process that an attorney is involved, the better prepared a student will be when they are brought into a hearing. An attorney will also be able to advise and counsel the accused student regarding any related adverse consequences that may accompany IUP's disciplinary proceedings.
Appeals
In the event of an unfavorable outcome from a hearing, students are offered a chance at an appeal. Students have ten calendar days from the decision to make an appeal to the Vice President for Student Affairs. The grounds for appeal are a procedural error, new information that was unavailable at the prior hearing, or inappropriate sanctions.
If you or your student is facing allegations of sexual misconduct or Title IX charges at Indiana University of Pennsylvania, contact the attorneys of LLF Law FIrm today.
