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 Metropolitan College of New York 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 Metropolitan College of New York's disciplinary process and why you need an attorney-advisor if you find yourself in this predicament.
Metropolitan College of New York's Disciplinary Process
Under Title IX, Metropolitan College of New York 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 Misconduct/Filing a Complaint
Any instance of misconduct should immediately be reported via complaint to a College official such as the Title IX Coordinator or to Campus Security Staff. Complaints should be made, in writing, to the Title IX Coordinator. The complaint must clearly describe the incident, including specific time and date of the occurrence and all persons involved.
Investigations
After the receipt of a report of misconduct, the Title IX Coordinator will meet up with the complainant and respondent to gather as much information as possible. The Coordinator will also meet with witnesses or individuals who may have information about the conduct at issue. The Coordinator may ask for written statements and other documents or evidence which may aid in the investigation, so it's imperative all parties preserve evidence associated with the conduct to help the Coordinator understand what happened.
Hearing Process
After the completion of an investigation, and upon a threshold determination that there is sufficient evidence to move on to a formal review of the evidence, the Title IX Coordinator will convene a hearing. A hearing officer will be appointed to hear all testimony relevant to the complaint and ask questions of all parties and witnesses. The hearing officer's determination regarding responsibility will be based on the preponderance of the evidence and will be submitted to the Title IX Coordinator.
Appeal
Decisions of the hearing office may be appealed, in writing, within 10 business days of receipt of the decision. Appeals will only be granted in certain circumstances. These circumstances are when there is concern that:
- The original hearing was not conducted in a fair manner and in accordance with College policy,
- The decision was not based on a preponderance of the evidence or there was a misapplication of evidence,
- The sanctions were inappropriate for the violation, and/or
- New information that was not available at the time of the initial hearing has just become available.
New York Title IX Attorney
If you've been accused of sexual misconduct at Metropolitan College of New York, 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.
