Seton Hall University's Title IX Policy is overseen by the University's Title IX Coordinator, who upholds the disciplinary actions taken against students who violate the University's Sexual Misconduct Policy. Incidents of alleged sexual misconduct are resolved through the University's normal disciplinary proceedings, however, certain measures and greater scrutiny apply in these cases.
Seton Hall Sexual Misconduct Disciplinary Process
When a sexual misconduct complaint is filed against a student, it will be investigated by the Office of the Title IX Coordinator. The student who files the report will be known throughout the hearing process as the "complainant," while the student who is facing sexual misconduct allegations will be known as the "respondent." While the investigation is ongoing, the respondent may choose to accept or deny responsibility or withdraw completely from the University prior to the resolution of the matter. In addition, respondents who are deemed to be a danger to the University community may face temporary interim measures, such as relocation, change in class schedules, or even suspension.
Review Board Hearings
The University will convene a Review Board to determine if the Sexual Misconduct policy has been violated. The Chair of the Review Board will oversee and adjudicate the hearing. Hearings will proceed according to the discretion of the Board Chair. The Chair will also decide whether or not special circumstances will apply during the hearing. In Sexual Misconduct Hearings it may be deemed necessary for the complainant and respondent to engage in indirect questioning of one another, submitting questions to the Chair first, who will then pose the questions to the applicable party. While the hearing will proceed according to the Chair, both complainant and respondent will have an opportunity to present their own supporting evidence and witnesses. Witnesses are subject to questioning from both parties, as well as the members of the board. Relevant records of the student's prior actions may be considered if the Chair deems it appropriate. After all, information has been heard by the board, the hearing will close and the board will begin deliberations. Decisions will be made using the standard of "a preponderance of evidence."
At hearings, and throughout any investigative meetings, students are entitled to the presence of an advisor. Allegations of sexual misconduct can have long-term damaging effects on a student's academic and professional careers. Because of the seriousness of these allegations, students should choose an attorney to serve as their advisor in these matters. Attorneys can provide students with valuable knowledge of courtroom methods of witness examination, evidence presentation, and argument construction. These methods can make a major difference in the outcome of a student's hearing. An attorney will also be able to ensure that a student's rights and interests and protected during the Title IX investigation and disciplinary process. In addition, students may face additional consequences from the initial report at Seton Hall University. If this happens, an attorney will be able to offer guidance and assistance through these consequences, if necessary.
Seton Hall Appeals
In the event of an unfavorable outcome, students are offered a chance at an appeal of the decision. Appeals must be submitted within five (5) calendar days of the decision notification. The grounds for appeal are a debate of the severity of sanction, evidence of a procedural error, or new evidence to submit for review.
If you or your student is facing Title IX charges or sexual misconduct allegations at Seton Hall University, contact attorney Joseph D. Lento today.
