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 The Sage College's 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 The Sage College's disciplinary process and why you need an attorney-advisor if you find yourself in this predicament.
The Sage Colleges' Disciplinary Process
According to Title IX, TSC 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.
Report the Incident
TSC encourages, but does not require, victims, survivors, complainants, and witnesses with victim status of sexual offenses to report the incident to a Title IX Coordinator, to UHA Public Safety, or the local police department.
It is important to note that when a respondent is a student, TSC will issue a mandatory “no-contact order,” which means that the accused's continued intentional contact with the complainant is a violation of school policy.
Initial Assessment
The Title IX Coordinator will make an initial assessment regarding the validity of any information received about the incident. The initial determination will be made within five business days of TSC becoming aware of the suspected sexual offense.
The Investigation
If TSC determines that an investigation is required, it will seek consent from reporting individuals prior to conducting an investigation. In investigating the complaint, the Title IX Coordinator or other trained staff will:
- Meet with the appropriate individuals and review all appropriate records that bear on the case
- Provide the accuser and the accused with copies of the sexual offense policies & procedures for students and employees
- Discuss the allegations in the complaint with the accuser and accused at separate meetings, and provide both parties with equal opportunities to identify witnesses and present evidence supporting their respective positions at these meetings
- Give both parties the opportunity to submit evidence during an investigation concerning a report of a sexual offense, and the opportunity to exclude their own prior sexual history with people other than the parties involved
Once an investigation is complete, the parties will be informed, in writing, of the outcome within two business days of the issuance of the determination.
Appeals
Each party is allowed to exercise their right to appeal a determination and/or sanction if applicable. An appeal must be filed within two business days of the decision.
New York Title IX Attorney
If you've been accused of sexual misconduct at TSC, 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.
