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 LIM 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 LIM College's disciplinary process and why you need an attorney-advisor if you find yourself in this predicament.
LIM College's Disciplinary Process
Under Title IX, LIM 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 an Incident
Any member of the LIM College community may report an alleged violation of school policy to the Dean of Student Affairs. The intentional filing of a false report will subject the person filing the report to disciplinary action.
Preliminary Review
Upon receiving a report or otherwise learning of an alleged violation of school policy, the Dean of Student Affairs will conduct a preliminary review of the complaint to determine if there is sufficient information or basis to conduct a disciplinary review.
Disciplinary Review
A hearing board comprised of three members will review the case. At this review, both parties will submit evidence and present testimony in front of the board. After hearing all sides, the board will deliberate and come up with a determination.
Appeals
Both parties have the right to appeal. Appeals may only be made on one or more of the following grounds:
- It can be clearly and specifically demonstrated that the student was denied a fair review;
- The sanctions imposed were disproportionate to the offense for which the student was found responsible; and/or
- New information that was not available and could not have been available at the time of the hearing has surfaced, the consideration of which would likely have resulted in a different conclusion or sanction.
Appeals must be made within 10 calendar days, not to include days LIM College is closed, of the date of the outcome letter. The appeal must be addressed to the college official indicated in the outcome letter as responsible for reviewing appeals.
New York Title IX Attorney
If you've been accused of sexual misconduct at LIM 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.
