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 Le Moyne 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 Le Moyne College's disciplinary process and why you need an attorney-advisor if you find yourself in this predicament.
Le Moyne College's Disciplinary Process
Under Title IX, Le Moyne 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 Le Moyne 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.
Making a Complaint
An individual can report a Title IX complaint to a University employee or a Title IX Coordinator. Complaints are to include the names of the people involved, the names of witnesses, a detailed description of the alleged conduct, when and where the conduct occurred, and relevant evidence of correspondence (text messages, emails, social media, etc).
While there is no time limit for bringing forward a report, the passage of time may make an incident difficult or even impossible to investigate fairly or fully and to adjudicate. Therefore, people who believe that they are a victim of sexual misconduct are encouraged to make a report as soon as possible after an incident has transpired.
Investigation
Upon receipt of a report and a desire by the complainant to move forward, the College will conduct an investigation. The Title IX Coordinator reserves the right to utilize external investigation, alone or in conjunction with internal investigators. During the investigation, the complainant and respondent will have an equal opportunity to share information and request that witnesses be interviewed.
At the conclusion of the investigation, the investigation team will provide a report.
The Decision
A review panel will assess the investigation findings and determine whether a respondent is “responsible” for the alleged misconduct. If so, sanctions will be imposed.
Appeals
Appeals must be submitted in writing to the Title IX Coordinator within five business days of the date of the Dean's findings letter. An appeal must be based on one or more of the following grounds:
● A procedural error occurred during the process that had a direct impact on the outcome,
● New information has come to light that has a direct impact on the outcome and which could not have been discovered by a properly diligent person before or during the Investigation, and/or
● The sanction is inappropriate (too severe or too light).
New York Title IX Attorney
If you've been accused of sexual misconduct at Le Moyne 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.
