Federal law Title IX prohibits sexual misconduct on federally funded campuses. Being accused of sexual assault, sexual harassment, rape, or any other of sexual misconduct at the SUNY College at Brockport is a Title IX violation that the 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.
In this article, we'll address SUNY's disciplinary process and why you need an attorney-advisor to help you navigate through this process.
SUNY College at Brockport's Disciplinary Procedures
In accordance with Title IX, the SUNY College at Brockport is obligated to adjudicate any cases of sexual misconduct brought to the institution's attention. The Department of Education urges compliant institutions like this one to respond to these accusations in a manner that is prompt and equitable. If the school fails to do so, its federal 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.
The Complaint
A complaint of sexual misconduct can be filed with the Student Conduct System, University Police, or the Title IX coordinator. It is recommended that complaints are made in writing, but they can be submitted anonymously online also.
Initial Meeting with Reporting Individual
A college official will schedule an individual meeting with the complainant in order to identify support services and accommodations and inform the complainant of the process of adjudication a complaint of sexual misconduct.
Investigation
After an incident is reported, the Title IX Coordinator or designee is tasked with conducting an investigation. This entails speaking with the complainant, respondent, and witnesses to gather as much relevant information as possible.
Resolution
At this point, the coordinator will consult with the respondent to determine how the case will be resolved.
Informal Resolution
Informal resolution provides an opportunity for a complainant to confront a respondent in the presence of a Title IX coordinator. They can express themselves about the incident, its impact, and their wishes regarding protection in the future. The outcome of informal resolution usually results in the imposition of protective actions instead of sanctions.
Although informal resolution is less formal than formal resolution, it is not equated to mediation. It's important to note that informal resolution is not an option for complaints of nonconsensual intercourse.
Formal Resolution
Formal resolution can be carried out by conducting a hearing or allowing an administrator to come up with a determination. If a respondent is found “responsible” for sexual misconduct by a method of formal resolution, sanctions will be imposed.
Appeals
Both complainants and respondents have the option to appeal a decision and/or sanction(s) to the vice president for enrollment management and student affairs within five business days of the determination. An appeal may be heard on the following grounds only:
- Due process: there was a procedural error made at some point throughout the process
- Severity of sanctions: the sanction is “too severe” or “not severe enough”
- New evidence: new evidence has appeared that was not known at the time of the original hearing and would have had an impact on the outcome of the original conduct decision
New York Title IX Attorney
If you've been accused of sexual misconduct at the SUNY College at Brockport, you can choose anyone to be your advisor to assist you throughout the Title IX process. It would be in your best interest to 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.
