Allegations of sexual misconduct are serious, and if found responsible for this misconduct by a school, all of the educational and professional you've set for yourself will be ruined. This is why it's important that you understand your school's processes and what you'll be up against to level the playing field in a system that is designed to work against you. Here is a brief overview of Loyola University's Title IX Process.
Title IX Process
Filing a complaint
During the Title IX process, there are certain terms that school authorities will use to characterize all the parties involved in a complaint. An individual who identifies as a victim/survivor in the complaint is referred to as a “complainant.” In some cases, a school may occupy the role of a complainant in sexual misconduct cases. The individual who has been accused of exhibiting said misconduct is known as a “respondent.” Loyola University Maryland encourages all members of the campus community to report any alleged misconduct they hear about, experience, or witness. The school also has a policy that obligates “responsible employees” to report to a Title IX coordinator immediately when they receive word of a possible violation of school policy. Once a complaint has filed, the Title IX process will be promptly initiated.
Interim measures
When a Title IX deputy receives a report of alleged misconduct, his or her primary concern is ensuring that a complainant is not retaliated against. Therefore, interim measures will be reviewed and imposed based on the circumstances of a case. These measures may include alternative employment arrangements, temporary leaves or withdrawals from campus, housing reassignments, a no contact order, etc.
The investigation
Once a Title IX deputy feels that there is sufficient evidence to conduct an investigation, this part of the process will begin. An investigation entails interviewing a respondent, a complainant, and witnesses who may know valuable information. Appointed interviewers will take the facts they gathered and comprise them into a finding. This finding will be sent to the Title IX deputy for review. If the deputy determines that there is probable cause to move forward, a hearing will be scheduled shortly.
The hearing
The Director of Student Life will conduct a hearing that allows respondents and complainants to testify, present evidence and make a final statement. After each side is heard, the panel will deliberate to come up with a final determination and sanctions.
Appeals
If a respondent is dissatisfied with the determination of responsibility, he or she may appeal this decision and/or the sanction to the University Board on Discipline. A student has 10 business days to submit an appeal on reasonable grounds. Sole grounds for an appeal include:
- The decision/sanction is not supported by or is inconsistent with the evidence
- There was new evidence that was not available during an investigation or hearing that could have significantly impacted a case outcome
- The sanction(s) imposed are grossly disproportionate with the findings of responsibility
Title IX Advisor
Choosing an attorney to represent you during these processes will make all the difference in the outcome of your case. Contact skilled attorney Joseph D. Lento today to help guide you through your school's processes.
Title IX violations and Title IX charges can change an accused student's life if not defended against properly and as early as possible during the disciplinary process, and Joseph D. Lento has nearly a decade of experience passionately fighting for the future of his clients at universities and colleges throughout the nation. He does not settle for the easiest outcome, and instead, prioritizes his clients' needs and well-being. Joseph Lento is a licensed attorney in New Jersey and New York, is admitted as an attorney pro hac vice in state and federal court if needed when representing clients nationwide, and serves as a Title IX advisor to students facing disciplinary cases in Maryland and throughout the nation. Make certain your or your student's interests are protected - Joseph D. Lento can help.
