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 Long Island University 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 Long Island University's disciplinary process and why you need an attorney-advisor if you find yourself in this predicament.
Long Island University's Disciplinary Process
Under Title IX, Long Island University 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.
All members of the university community should report incidents of sexual misconduct in order to support the community.
The University is responsible for conducting adequate, reliable, and impartial investigations of reports and complaints of sexual misconduct. The Title IX Coordinator oversees many aspects of this response, including:
- Determining whether the report or complaint alleges conduct that may, upon investigation, constitute prohibited sexual misconduct;
- Appointing an investigative team upon such determination;
- Making certain that individual reports and complaints are handled properly and in a prompt and timely manner;
- Informing all parties regarding the grievance process;
- Confirming that all parties have been notified of grievance decisions and of the right to, and procedures for, appeal, if applicable,
- Maintaining information and documentation related to the investigation in a secure manner, and
- Monitoring compliance with time frames specified in the grievance procedures
At the conclusion of an investigation, the investigation will take remedial action based on the facts and circumstances.
Either party to a Title IX complaint is entitled to appeal the outcome to a Board of Appeals consisting of a panel of University administrators appointed by the Title IX Coordinator. However, appeals are only permitted on the basis of:
- Serious procedural deficiency on the part of the University in responding to this complaint
- The availability of evidence not considered by this investigation, which might affect the outcome.
Appeals must be filed within 15 days of receipt of this determination and should contain a written statement explaining why one (or both) of the two bases of appeal apply to this determination.
New York Title IX Attorney
If you've been accused of sexual misconduct at Long Island University, 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.