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 CUNY Lehman 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 CUNY Lehman College's disciplinary process and why you need an attorney-advisor if you find yourself in this predicament.
CUNY Lehman College's Disciplinary Process
According to Title IX, CUNY Lehman 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 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.
Reporting to the College
CUNY encourages students who have experienced sexual harassment, gender-based harassment, or sexual violence to report the incident to the following parties: a Title IX Coordinator, the Office of Public Safety, the Office of the Vice President for Student Affairs and/or Dean of Students, or the Residence Life Staff.
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).
Investigating Complaints of Sexual Misconduct
The Title IX Coordinator is responsible for conducting an investigation in a prompt, thorough, and impartial manner. The investigation will include an interview with the complainant, respondent, and any relevant witnesses.
Following the completion of the investigation, the Title IX Coordinator will report his/her findings to the College President in writing. The President will then review the investigation report and authorize such action as she or he deems necessary to address the issues raised by the findings.
Any party involved may file an appeal to overrule the determination and/or sanction(s). But the grounds of appeal are limited to the following:
- A procedural error occurred that had a direct impact on the outcome
- New evidence has come to light that has a direct impact on the outcome which could not have been discovered by a properly diligent person before or during the original proceeding;
- The sanction is too severe or not severe enough
Students have within five business days of the determination to file an appeal.
New York Title IX Attorney
If you've been accused of sexual misconduct at CUNY Lehman 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.