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 SUNY Polytechnic Institute 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 SUNY Polytechnic Institute's disciplinary process and why you need an attorney-advisor if you find yourself in this predicament.
SUNY Polytechnic Institute's Disciplinary Process
Under Title IX, SUNY Polytechnic Institute 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 an Incident
Any person with knowledge of an alleged incident of sexual misconduct is encouraged to report to a Title IX Coordinator. Complaints must entail the names of everyone involved, a detailed description of the alleged conduct, when and where the conduct occurred, and the relevant evidence of correspondence (social media, emails, text messages, phone calls, etc.)
There is no statute of limitations on filing a complaint of an alleged incident. This means that any amount of time could pass, and you could still report an incident. Just remember that the longer you wait, the more difficult it has been to preserve evidence.
Upon receipt of a report alleging sexual misconduct, an investigation will ensue. The Title IX Coordinator do the following, in no particular order:
- The Title IX Coordinator/Investigator will be assigned to conduct the investigation
- The assigned Title IX Investigator will notify all parties of the complaint if their identities are known, that the College will be conducting the investigation
- The assigned Title IX investigator will meet with the reporting individual
- The Title IX Coordinator will comprise an investigative report and come up with a determination
Both the complainant and the respondent, if a student, faculty member or employee, may file an appeal based on dissatisfaction with the finding of responsibility for a violation (or the lack of such a finding), or with the sanction imposed, or both. The grounds of appeal are limited to:
- A procedural error occurred during the process that had a direct impact on the outcome.
- New evidence has come to light that has a direct impact on the outcome which could not have been discovered by a properly diligent person before or during the original proceeding.
- The sanction is too severe (appeal from respondent), or the sanction is too lenient (appeal from the complainant).
Students must submit an appeal within five business days of the determination to the Office of Student Conduct.
New York Title IX Attorney
If you've been accused of sexual misconduct at SUNY Polytechnic Institute, 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.