Title IX of the Education Amendments is a federal law that prohibits sexual misconduct in federally funded colleges and universities. Being accused of sexual assault, sexual harassment, rape, or any other form of sexual misconduct at Iona College is a Title IX violation that your school must resolve. If you are found “responsible” for this conduct, you could be exposed to pretty serious repercussions that could jeopardize your plans to graduate.
For the purposes of this article, we'll address Iona College's disciplinary process and why you need an attorney-advisor if you find yourself in this predicament.
Iona College's Disciplinary Process
Under Title IX, Iona College is required to adjudicate any cases of sexual misconduct brought to the institution's attention. The Department of Education urges compliant higher education institutions like Iona College to respond to these accusations in a manner that is prompt and equitable. If the school fails to do so, its federal funding 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.
Complaint Procedure
Any member of the College community who believes that they've experienced or witnessed sexual misconduct is encouraged to file a complaint. But there is a procedure that each individual must follow in order for his or her complaint must be pursued.
If you're a staff member, you should report to an immediate supervisor or the Director of Human Resources. As a faculty member, you should report to the Department Chair, the Dean, or the Director of Human Resources. Students with a complaint of sexual misconduct must report to the immediate supervisor, the Dean, the Vice President, the Vice President of Student Life, or the Director of Human Resources.
Complaints should be made verbally or in writing.
Investigation Procedure
Upon receipt of the complaint, The Director of Human Resources or designee will conduct an immediate review of the allegations, which is known as an “investigation.” The investigation may consist of the following actions:
- Gather and review relevant documents including emails, texts, electronic communications or phone records and preserving them
- Meet with the individual bringing the complaint and with the individual responding to discuss the available procedures and possible avenues for resolution of the complaint
- Interview all parties involved, including any relevant witnesses
- Create a written documentation of the investigation
- Notify the individual who complained and the individual(s) who responded of the final determination and implement any corrective actions identified
- Inform the individual who complained of their right to file a complaint or charge externally
A finding compiled of this information will be created.
The Determination
The Director of Human Resources will review the findings compiled during the investigation and determine whether there was a violation of school policy.
Appeals
Either party may appeal the determination and/or sanction within five business days of the receipt of the determination. An appeal must be based on at least one of the following factors to be considered:
- There was a procedural error
- There is new evidence that was not available at the time of the hearing
- The sanctions are too severe or not severe enough
New York Title IX Attorney
If you've been accused of sexual misconduct at Iona College, you can choose anyone to be your advisor in the Title IX process. It would be in your best interest to choose an attorney who can help you effectively navigate the process and build a solid defense for you. Contact attorney Joseph D. Lento today for help at 888-535-3686.
