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 Molloy 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 Molloy College's disciplinary process and why you need an attorney-advisor if you find yourself in this predicament.
Molloy College's Disciplinary Process
Under Title IX, Molloy 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 Sexual Misconduct at Molloy
The College encourages members of the community to report the following types of incidents: sexual violence, rape, sex abuse, forcible touching, sexual harassment, other sexual misconduct (exploitation, etc.), domestic and dating violence, stalking, sex and gender discrimination and retaliation for reporting such instances. Molloy College offices and employees who cannot guarantee confidentiality will maintain your privacy to the greatest extent possible.
Upon notice of any allegation of sexual misconduct, the Title IX Coordinator, or his or her designee, will schedule an individual intake meeting with the complainant. At the initial intake meeting or at a subsequent time, the Title IX Coordinator will seek to determine how the complainant wishes to proceed.
The Title IX Coordinator will promptly coordinate an official investigation and will appoint an investigator(s) from a list of trained investigators to conduct the fact-finding for the complaint within three (3) business days of the intake meeting(s). Within five (5) business days of the investigation's completion, the investigator(s) will provide a written report of the factual findings of his or her investigation to the Title IX Coordinator.
Hearing and Determination
The hearing will be led by a three-person panel, who will facilitate statements made by each party and a questioning period for clarification. When all statements are heard and all questions are answered, the panel will make a determination based on the preponderance of evidence.
All appeals will be conducted in a fair, impartial, and equitable manner. Either party can file a written appeal based upon:
- Potential procedural errors that had an impact on the decision
- A claim that the sanction(s) imposed is not proportionate to the finding of facts; and
- New evidence that was not reasonably available at the time of the adjudication.
Students must submit an appeal within five business days of the determination.
New York Title IX Attorney
If you've been accused of sexual misconduct at Molloy 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.