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 the Manhattan School of Music 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 the MSM's disciplinary process and why you need an attorney-advisor if you find yourself in this predicament.
The Manhattan School of Music's Disciplinary Process
Under Title IX, the Manhattan School of Music 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.
Report an Incident
Students who believe they have experienced an incident of sexual misconduct may choose to report to the school and/or to law enforcement. Allegations may be reported anonymously or confidentially to the Campus Health Nurse, counseling staff, or the Title IX Coordinator during office hours.
MSM does not limit the timeframe for filing a report alleging sexual misconduct; however, timeliness in reporting increases the School's ability to fully investigate. MSM will make every effort to resolve an allegation of sexual misconduct within sixty calendar days after the initial report.
Investigation
The Title IX Coordinator will assess a report and determine if an investigation is warranted. If so, an investigation of sexual misconduct will be conducted in a prompt and thorough manner. During the course of the investigation, the Coordinator will attempt to interview the complainant, the respondent, and any other witnesses, and gather any appropriate documentation materials. Both parties will have an equal opportunity to present witnesses and other evidence and will have equal access to information during the investigation.
At the conclusion of an investigation, a written investigative report and summary of provisional findings will be produced. This report will be transmitted to the Chief Resolution Officer for adjudication.
Adjudication
The Chief Resolution Officer will review the investigative report and consult with other officials to come up with a determination based on the preponderance of evidence standard. All involved parties will be informed in writing of the “responsible” or “not responsible” finding for the alleged sexual misconduct
Appeals Process
Both parties have the right to file an appeal with the Title IX Coordinator, who will present the appeal to an Appeals Panel. In most cases, appeals will not be entertained if they are filed more than five business days from the date the parties are notified of the panel adjudication. Appeals will be entertained for the following reasons only:
- When new evidence comes to light.
- When an error has been made in following the resolution process.
- When either complainant or respondent finds the sanction too severe/not severe enough given the gravity of the infraction.
New York Title IX Attorney
If you've been accused of sexual misconduct at the Manhattan School of Music, 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.
