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 Nyack College is a Title IX violation that your school is required to 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 Nyack College's disciplinary process and why you need an attorney-advisor if you find yourself in this predicament.
Nyack College's Disciplinary Process
According to Title IX, Nyack 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 the Misconduct
The College encourages each member of the campus community who has experienced or witnessed sexual misconduct to report it immediately. To report, students will have to complete a sexual assault incident report. This institution specifically emphasizes that time is a critical factor for evidence collection and preservation. It encourages each complainant to do the following:
- Obtain necessary medical treatment
- Don't wash, douche, brush teeth, use the toilet, or change clothes prior to a medical exam
- Don't straighten up the area where the assault took place
- The complainant should keep a journal of everything that occurred, including dates, places and times of events
- When the communication is electronic, he/she should save any voicemails, e-mails, texts and instant messages
Upon receipt of a complaint, the College will conduct an investigation. The investigation process will typically include interviews with the complainant and respondent separately and any identified witnesses. The investigator will also gather any available physical evidence, including, but not limited to, documents, communications between the parties, and other electronic records.
The hearing will be led by a 3-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 requests for a final appeal must be submitted in writing to the Title IX Coordinator or designee within five business days of the delivery of the written findings of the Hearing Panel. Either party may appeal, but appeals are limited to the following:
- A procedural error or omission occurred that significantly impacted the outcome of the Hearing or the sanction imposed;
- New evidence, unknown or not reasonably available during the investigation or Hearing that could substantially impact the original finding;
- Review of whether sanctions imposed are substantially disproportionate to the severity of the violation.
New York Title IX Attorney
If you've been accused of sexual misconduct at Nyack 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 at 888-535-3686.