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.
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 Niagara University 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 Niagara University's disciplinary process and why you need an attorney-advisor if you find yourself in this predicament.
Niagara University's Disciplinary Process
According to Title IX, Niagara University 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.
Making a Report
If you are a student and experience sexual misconduct in association with our programs, when studying abroad, or while you are a student, you may make a private complaint to a member of the Residence Life staff, the Dean of Students, the Title IX Coordinator, Campus Safety, Human Resources, of the General Counsel's Office.
The Investigation
Upon notification of an allegation of sexual misconduct, the Title IX Coordinator will initiate an investigation and take actions deemed necessary to protect the rights of all parties involved. Investigations are conducted by trained members of the Title IX Team, or in some cases, by a qualified external investigator.
At the conclusion of an investigation, the investigation team will provide a summary of findings to the Title IX Coordinator who will review the information and, in consultation with the Dean of Students, will offer an administrative resolution to the case that will include a finding and sanction(s) when appropriate.
Sexual Misconduct Hearings
All hearings involving allegations of sexual misconduct will be conducted in accordance with the normal rules and procedures of the student conduct process. Each party will deliver an impact statement in person or in writing that describes how the incident has affected him/her. After all statements have been heard and all witnesses have been questioned, the hearing officer/panel will use a preponderance of evidence to evaluate the complaint and come up with a determination of either “responsible” or “not responsible.”
Appeals
Students may appeal the decision and/or sanction to the Appeals Committee. Appeals must be submitted within five business days of receipt of the findings letter.
New York Title IX Attorney
If you've been accused of sexual misconduct at Niagara University, 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.
