In April of 2024, the Department of Education approved New Title IX rules, which are scheduled to take effect on August 1, 2024. Our firm is closely monitoring ongoing challenges to these new rules in court, and is working hard to provide you the most up-to-date information. Click here to learn about the current state of Title IX and how we can help if you are facing accusations.
Montclair State University upholds a Title IX Policy, implemented by the University's Title IX Coordinator. The policy's aims is that incidents and allegations of sexual misconduct are resolved efficiently through a dedicated process. The process differs from how the University resolves standard behavioral misconduct violations, and also has significantly more severe consequences.
The Montclair State University Conduct Process
Students may file a formal Title IX complaint at any time. These complaints must be filed through the office of the Title IX Coordinator. When a student files a complaint they will be known as the "complainant" throughout the University's Conduct Process. The subject of the complaint will be known as the "respondent." Once a complaint is filed, the University will launch a prompt investigation into these matters.
Investigations will consist of separate interviews with the complainant, respondent, and any witnesses involved in the matter. Matters of sexual misconduct will be adjudicated through a hearing with the University Hearing Board. During the investigation phase, the University may impose interim measures that are deemed appropriate for the complainant's safety, and in order to prevent interaction between complainant and respondent. These measures can include removal from housing, class rescheduling, or even temporary suspension, however, the University allows respondents a chance to appeal these measures while the Title IX investigation is taking place.
At hearings, the hearing panel will conduct the procedure. Respondents may submit their own supporting witnesses and evidence to be presented and considered at the hearing. All questioning will be done by the hearing panel, though the respondent will be present for all testimony. Following the presentation of witnesses and evidence, the respondent will be given a brief period of time to make a closing statement and clarify any outstanding questions. Following the, the hearing panel will close the hearing and engage in a deliberation phase. Decisions on the respondent's responsibility for the matter will be made using the standard of "a preponderance of evidence."
Respondents facing sexual misconduct allegations are entitled to the presence of an attorney with them at these proceedings. Sexual misconduct allegations are often more heavily scrutinized and treated as a much more grave matter at the University than a standard behavioral violation. Many times, even the mere filing of a Title IX complaint can have far reaching and damaging consequences for a respondent's future academic and professional goals. For this reason, it is beyond important that a student select an attorney to serve as their advisor throughout these matters. Attorneys can offer insight into courtroom strategies that can greatly impact the outcome of a University hearing. In addition, attorneys will be able to assist and walk students through any adverse and additional consequences that may follow from the initial reporting of the incident at Montclair State.
Montclair State University Appeals
In the event of an unfavorable outcome, Montclair State University offers students a chance at an appeal. Appeals must be made within three (3) business days of the initial decision. The grounds for appeal are a failure in the procedures, a claim of an unduly severe sanction, and/or new information not available at the hearing.
If you or your student is currently facing Title IX charges or sexual misconduct allegations at Montclair State University, contact attorney Joseph D. Lento today.
