Title IX 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 Ithaca 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 Ithaca's disciplinary process and why you need an attorney-advisor if you find yourself in this predicament.
Ithaca College's Disciplinary Process
Under Title IX, Ithaca 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 Ithaca to respond to these accusations in a manner that is prompt and equitable. If the university 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.
Filing a Complaint
Any college student, staff member, or faculty member who has been the victim of sexual misconduct is encouraged to seek support and assistance from within or outside the College. The school encourages complainants to report sexual misconduct to a Title IX Coordinator expeditiously to preserve evidence that may be necessary to prove the offense occurred.
There is no time limit to file a complaint at Ithaca College.
The Investigation
If a report alleged a plausible violation of this policy, the College will conduct an investigation. An investigation may occur because a complainant wishes to proceed with a complaint, or because the College determines that this is necessary despite the wishes of the complainant.
An investigation is usually performed by one or more of the Responsible Administrators available, but the College may appoint an appropriate person(s) to conduct one.
Disciplinary Hearing
After an investigation has concluded, a disciplinary hearing will ensue. In a hearing, the complainant and respondent will have an equal opportunity to present relevant information and evidence. Afterwards, the College will come up with a decision.
The standard for decisions in disciplinary proceedings is a preponderance of evidence - meaning that it is more likely than not a violation of this policy occurred. Both parties will receive simultaneous written notice of outcomes of all disciplinary proceedings, to the extent permitted by law.
Appeals
Both the complainant and respondent will have the right to appeal pursuant to the applicable disciplinary procedures described above. Students have within five calendar days of the date of receipt of the decision to file a written appeal to an Appeal Officer. The sole grounds for an appeal are as follows:
- There was a procedural error
- The disciplinary measures taken against the respondent are excessive
- There is new information that wasn't available during the investigation or hearing that could have impacted the decision and/or sanction
New York Title IX Attorney
If you've been accused of sexual misconduct, 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 at 888-535-3686 for help.
