Title IX of the Education Amendments is a federal law that prohibits sexual misconduct in federally funded higher education institutions. Being accused of sexual assault, sexual harassment, rape, or any other form of sexual misconduct at the New York Institute of Technology 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 NYIT's disciplinary process and why you need an attorney-advisor if you find yourself in this predicament.
The New York Institute of Technology's Disciplinary Process
According to Title IX, the New York Institute of Technology is required to adjudicate any cases of sexual misconduct brought to the institution's attention. The Department of Education urges compliant higher education institutions like NYIT to respond to these accusations in a manner that is prompt and equitable. If the university 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.
Filing a Complaint
If a student has experienced or witnessed sexual misconduct, they are encouraged to submit a conduct report to NYIT's Title IX Coordinators. The complaint must include the full names of the people involved, the names of witnesses, a detailed description of the alleged conduct, when and where the conduct occurred, and relevant evidence of correspondence (text messages, emails, social media, etc).
The Investigation
The Title IX investigation will ensue once a complaint is filed. Both the complainant and respondent will be notified of the investigatory process, and they will be provided with a copy of NYIT's policy and procedure.
During the course of an investigation, an investigator will:
- Give the respondent proper notice of the complaint and investigation and provide him or her an opportunity to render information
- Interview the complainant, the respondent, and any material witnesses
- Gather all relevant documentary and/or physical evidence
- Complete the investigation in a timely manner, without unnecessary deviation from the intended timeline
- Maintain communication with the complainant and the respondent on the status of the investigation and overall process
The Decision
Based on the findings of an investigation, the Judicial Body will come up with a determination. This decision will dictate whether a respondent is “responsible” or not responsible for violating school policy.
Appeals
Students have within five calendar days of the date of receipt of the decision to file a written appeal to an Appeal Officer. The grounds for an appeal must contain at least one of the following grounds:
- There was a substantial procedural error made in the process
- Material evidence exists that wasn't available to the investigator or the Judicial Body
- The disciplinary sanction was too severe or not severe enough
New York Title IX Attorney
If you've been accused of sexual misconduct at the New York Institute of Technology, 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 at 888-535-3686 for help.
