Mount St. Mary's University Title IX Violations

If you have been accused of sexual misconduct, it's crucial that you understand the processes that you will undergo due to these allegations. For the purposes of this article, we will provide a brief overview Mount St. Mary's University's Title IX Policy.

Title IX Process

Mount St. Mary's University aims to resolve all Title IX complaints within 60 business days. However, this timeline may be extended if more time is necessary to come to a resolution.

Filing a Complaint

In the midst of Title IX processes, school authorities, the Title IX coordinator and anyone else who you will interact with will use certain terms to characterize you and your accuser. An individual who identifies as a victim/survivor will be referred to as a “complainant.” In some cases, a school will take on the role of a complainant. Since you are the one being accused of this alleged misconduct, you will be labeled as a “respondent.”

All members of the Mount St. Mary's University community are encouraged to report any instances of behavior that they see, witness, or experience to the school. Campus employees, known as “responsible employees,” have mandatory reporting obligations to the school in the event that they see or hear of any behavior in relation to sexual misconduct. The failure of them to do so could lead to repercussions. Whichever way this alleged misconduct is reported, the school must respond to these allegations promptly, by immediately initiating the Title IX Process.

Interim measures

Once a Title IX coordinator receives word of the alleged misconduct, his or her priority is to ensure that a complainant is safe from retaliation - another serious violation of school policy. In order to redress harm, the following remedies may imposed upon a respondent:

  • Alternative work arrangements
  • Adjustments to academic deadlines, course schedules etc.
  • The implementation of a no contact order
  • Alternative housing situations
  • Temporary leave of absence etc.

The investigation period

Preliminary investigation

The school's Title IX coordinator will meet with a complainant to get a basic understanding of his or her account of events. Based on this short meeting, the coordinator will assess certain factors to determine if the process should continue, or if the complaint warrants no action. Factors such as the age of the complainant, the existence of violence, the use of a weapon, and the disciplinary history of a respondent will be considered.

Formal investigation

This information is more in-depth, thorough and critical to developing a resolution. Complainants, respondents and witnesses will be interviewed to gather more facts and evidence about the alleged instance. Investigators appointed by the Title IX coordinator will, from this information, create an investigative finding that dictates whether or not there is enough sufficient evidence to continue the process with a hearing.

The hearing

A hearing is each party's last and final chance to tell their side of the story. A hearing officer will listen to testimony, the presentation of evidence, cross-examinations (in some circumstances) and final statements to get a well-rounded idea of the account of events. Once both sides of the story have been told, the hearing officer will deliberate in a closed session and come up with a determination of responsibility using the preponderance of evidence standard.

Appeals

If a respondent feels dissatisfied with a determination or sanction. He or she is allowed to request an appeal. This is essentially a request to get the school to reconsider its decision. A viable appeal is based upon the following grounds:

  • A procedural error that occurred that significantly impacted the outcome of a hearing
  • New evidence that was unavailable during the time of an investigation or hearing has surfaced
  • The sanctions imposed are disproportionate to the severity of a violation

An appeal must be submitted within 3-5 days of notification of a determination.

Title IX Advisor

Choosing an attorney to accompany you through these processes will make all the difference in a case outcome. Contact skilled attorney Joseph D. Lento to help you level the playing field in a hearing.

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 Pennsylvania and New Jersey, 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.

Contact Us Today!

Footer 2

If you, or your student, are facing any kind of disciplinary action, or other negative academic sanction, and are having feelings of uncertainty and anxiety for what the future may hold, contact our offices today, and let us help secure your academic career.

This website was created only for general information purposes. It is not intended to be construed as legal advice for any situation. Only a direct consultation with a licensed Pennsylvania, New Jersey, and New York attorney can provide you with formal legal counsel based on the unique details surrounding your situation. The pages on this website may contain links and contact information for third party organizations – the Lento Law Firm does not necessarily endorse these organizations nor the materials contained on their website. In Pennsylvania, Attorney Joseph D. Lento represents clients throughout Pennsylvania's 67 counties, including, but not limited to Philadelphia, Bucks, Chester, Delaware, Montgomery, Berks, Lancaster, Lehigh, and Northampton County. In New Jersey, attorney Joseph D. Lento represents clients throughout New Jersey's 21 counties: Atlantic, Bergen, Burlington, Camden, Cape May, Cumberland, Essex, Gloucester, Hudson, Hunterdon, Mercer, Middlesex, Monmouth, Morris, Ocean, Passaic, Salem, Somerset, Sussex, Union, and Warren County, In New York, Attorney Joseph D. Lento represents clients throughout New York's 62 counties. Outside of Pennsylvania, New Jersey, and New York, unless attorney Joseph D. Lento is admitted pro hac vice if needed, his assistance may not constitute legal advice or the practice of law. The decision to hire an attorney in Philadelphia, the Pennsylvania counties, New Jersey, New York, or nationwide should not be made solely on the strength of an advertisement. We invite you to contact the Lento Law Firm directly to inquire about our specific qualifications and experience. Communicating with the Lento Law Firm by email, phone, or fax does not create an attorney-client relationship. The Lento Law Firm will serve as your official legal counsel upon a formal agreement from both parties. Any information sent to the Lento Law Firm before an attorney-client relationship is made is done on a non-confidential basis.

Menu