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 Upstate Medical 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 SUNY Upstate Medical University's disciplinary process and why you need an attorney-advisor if you find yourself in this predicament.
SUNY Upstate Medical University's Disciplinary Process
According to Title IX, SUNY Upstate Medical 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.
Employees, applicants for employment, and others who do business with DMC, DMC facilities, or otherwise interact with the DMC may file complaints regarding sexual misconduct. Complainants should use the sexual misconduct policy complaint form to file a complaint.
Upon receipt of a complaint, ODI will determine whether the complaint alleges a violation of this regulation. If ODI believes that irreparable harm will occur before the complaint can be fully investigated and resolved, ODI may recommend interim relief pending completion of the investigation of the complaint.
An investigation will commence, which entails complainant, respondent, and witness interviews as well as the collection of other relevant evidence. Based on this evidence, recommended findings will be compiled for the University President to review.
The University President will review the investigative findings and ultimately come up with a written determination within 90 working days of receipt of the complaint unless circumstances warrant an extension of the time period. Complainants and respondents will be informed in writing of the determination by ODI. If a violation of this regulation is substantiated, the respondent's supervisor/VP will confer with ODI to determine if any disciplinary or corrective action is required.
Both the complainant and respondent 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 original determination.
New York Title IX Attorney
If you've been accused of sexual misconduct at SUNY Upstate Medical 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.