Facing allegations of misconduct under Title IX can be overwhelming. You know you need to act, but knowing the right path can be challenging. Your reputation, education, and future are on the line.
For those accused of sexual misconduct under Title IX, it's not just the allegations against you. It's that people rush to assume the worst about you or assume that accusations are automatically true. Colleges or universities may want to make an example of you and fail to fully investigate the truth of the allegations or surrounding events.
Fighting accusations of Title IX misconduct doesn't have to be lonely. The Education Law Team at the Lento Law Firm is here to advocate for you and protect your rights and your future.
If you live, work, or attend school in Albany or the surrounding region, the Education Law Team at the Lento Law Firm can help you. We have experience in defending against Title IX allegations, whether you're a faculty member, student, or staff member.
We assist our clients in knowing their options and making sense of the Title IX rules and procedures. Call us at 888-535-3686 or fill out an online form.
What is Title IX?
A federal law, Title IX places requirements on any college, university, or other institution that receives federal funds. Namely, by accepting federal funds, these institutions must prohibit discrimination on the basis of gender or sex.
In addition to the federal law, New York State may include additional requirements under the state's Title IX laws, and colleges and universities may add to it within their policies. The federal law is the base. States and schools can add to what Title IX requires but not subtract from it.
In New York, the relevant state law is New York State Education Law Article 129-B, informally known as “Enough Is Enough.”
Rensselaer Polytechnic Institute states that its Title IX policy combines federal law, New York law, and RPI policy. Rensselaer defines sex-based discrimination to include:
- Gender identity
- Gender expression
- Sex stereotypes
- Sexual orientation
- Pregnancy or related conditions
- Sex-based harassment such:
- Quid pro quo harassment
- Hostile environment harassment
- Sexual misconduct
Their policy defines sexual misconduct as including sexual assault, dating violence, domestic violence, and stalking. This policy is nonexclusive, meaning that someone can commit an action different than those listed and still be accused of sexual misconduct.
Colleges or universities may be liable if they are aware or should be aware of Title IX violations, such as sexual harassment, but fail to act. In these cases, the question will turn to when and where the sexual misconduct occurred, such as on campus or at a school-sponsored event. When a school might be liable, victims can file a lawsuit against the school.
Off-Campus Conduct
Title IX generally covers activities and conduct that occur on campus or as part of university-related activities or other sponsored events. SUNY Adirondack states the school may investigate allegations of misconduct when they occur off-campus but have a nexus, or connection, to the school.
In comparison, Rensselaer's policy casts a wider net. Its policy covers all faculty, staff, and students in any physical location. This means conduct that occurs on or off campus regardless of whether it occurs within Rensselaer's programming or sponsored activities.
Online Activity
Online conduct can be more difficult to determine when and if it falls under Title IX. A January 2025 publication from the U.S. Department of Education Office of Civil Rights states that sexual harassment includes conduct that occurs online or through other technology.
The challenge with online activity is determining when and where it occurred. Harassment or other behavior that occurs on school-owned devices creates a clear relationship between the school and the conduct. Colleges and universities have no obligation to monitor the online activity of members of the school community.
It can also depend on the type of conduct. Like many schools, Siena College includes online activity in its definition of stalking.
The challenge comes from defining when and how a school can punish a student, faculty member, or staff member for online activity. Individuals should also keep in mind that they may not face Title IX charges but may face other disciplinary action or criminal charges.
Revenge porn is a crime in New York. If an individual distributes revenge porn on their personal devices, off-campus, and unrelated to their activities, they may face criminal charges but may not face misconduct allegations under their school's Title IX policies.
Allegations of online misconduct under Title IX can be difficult to unravel. If you're facing a Title IX complaint related to online activity, contact the Education Law Team at the Lento Law Firm.
Title IX and Colleges and Universities in Albany
Colleges and universities in the Albany area range from large research institutions to community colleges. One common thread for these schools is all of them receive federal funding and are therefore required to follow Title IX.
The Albany region is home to a wide variety of colleges and universities. From community colleges to graduate and professional schools, the area serves tens of thousands of students. Some schools, such as Bryant & Stratton, have robust online programs and a national enrollment.
These institutions include:
- Albany College of Pharmacy and Health Sciences
- Albany Law School
- Albany Medical College
- Bryant & Stratton College
- Columbia-Greene Community College
- Empire State College
- Excelsior University
- Fulton-Montgomery Community College
- Hudson Valley Community College
- Maria College
- Rensselaer Polytechnic Institute
- Russell Sage College
- Schenectady County Community College
- Siena College
- Skidmore College
- State University of New York at Cobleskill
- SUNY Adirondack
- SUNY Plattsburgh at Queensbury
- SUNY Poly CNSE
- Union College
- University at Albany, State University of New York
Colleges and universities only fall under Title IX if they receive federal funding. Funding includes financial aid programs for students.
While all schools that fall under Title IX follow the same rules, the law gives colleges and universities some flexibility in how they enforce these policies. Students should consult with the university's handbook or code of conduct for specific policies. For large universities, different schools may each have their own Title IX policies and procedures.
University-Specific Programs
Colleges and universities may have programs and policies above and beyond Title IX or New York State requirements. The law gives colleges and universities flexibility in how they run their Title IX programs.
This is why it's important for individuals to know their school's specific policies. SUNY Cobleskill, for example, has a non-Title IX Sexual Violence Prevention and Response Policy. The University of Albany has a list of safety accommodations, such as campus escorts.
Colleges and universities may also have separate programs for employees and students. Russell Sage College has different resources for students and faculty members.
Title IX Procedure
While all colleges and universities set their policies and procedures for Title IX, many follow a similar process. All schools should have their Title IX reporting procedure and an overview of the disciplinary process easy to access.
SUNY Schenectady County Community College's Title IX procedure follows these steps:
- Filing a report, or complaint of alleged misconduct
- Investigation
- These generally take approximately 60 days after receiving the complaint
- This step generally involves assembling evidence, talking to witnesses, and meeting separately with both parties
- Written report
- Hearing
- Issue a decision
- Disciplinary action, if any
One of the challenges with Title IX complaints is ensuring that the investigations are impartial and comprehensive. Unfortunately, investigations may miss crucial evidence or fail to consider the surrounding events or circumstances.
If facing allegations of misconduct under Title IX, individuals shouldn't assume their college or university will complete a thorough investigation. You need to be proactive and understand that a school's job isn't to defend or protect you.
The Education Law Team at the Lento Law Firm advocates for our clients. We help to ensure all relevant evidence is included in the process and protect our client's rights.
Disciplinary Hearings
Title IX requires that all colleges and universities have a formal resolution process, usually called a hearing. Each school determines the process involved in its hearings.
These hearings are often similar to courtroom trials. A neutral third party oversees the hearing. Both sides generally have the opportunity to present their version of events via evidence and witnesses.
Skidmore College has adjudication hearings. The third party, known as an adjudicator, is usually a member of the campus community, although the college's policy does allow outside individuals to preside over hearings. A hearing panel may also oversee the proceedings.
Skidmore emphasizes that anyone chosen as an adjudicator or hearing panelist shouldn't have any knowledge or information that may bias them. If they do, the college expects them to withdraw from the hearing.
The school must inform parties of the date and time of the hearing at least ten days before the hearing. Both parties will then have 48 hours to request any changes to the date and time of the hearing. Hearings can be rescheduled but must be rescheduled within five business days of the original hearing date.
Skidmore also allows either party to request that the two parties be located in separate rooms during the trial. In this case, the hearing will use technology to allow all parties can see and hear the other participants.
During the hearing, the adjudicator or hearing panel has the right to ask questions. Both parties have the right to have an advisor present.
At this hearing, both parties can choose to have an advocate or advisor present. An attorney from the Education Law Team at the Lento Law Firm can fill that role. Our team guides clients from pretrial preparation to the day of the hearing and beyond.
After the hearing, the adjudicator or hearing panelists will find either responsible, meaning sexual misconduct occurred, or not responsible. They will complete a written determination.
This policy is unique to Skidmore College. It provides a good example of a typical Title IX hearing, although individuals should still consult their school's specific policies.
Possible Disciplinary Action
Colleges and universities set their policies for disciplinary action. These actions can differ for students and staff members.
Anyone found to have violated Title IX will face a wide range of disciplinary actions. Penalties can range from minor to severe, up to and including expulsion for students and termination for staff and faculty.
When determining an appropriate disciplinary action, in general, a hearing officer or panel will consider:
- The severity of the misconduct
- Any previous disciplinary history
- Other relevant facts about the situation
Appeals
Each school sets its policies for appealing a Title IX decision. This policy should be easy to locate in a student handbook, employee handbook, or code of conduct. In general, a college or university's appeal policy should include:
- The deadline to appeal (e.g., within five days of a decision)
- How to appeal (e.g., Do individuals need to submit a certain form?)
- Where to appeal (e.g., what office to submit an appeal request)
- Any other relevant information
Not appealing before a deadline or not properly appealing can potentially end an individual's ability to appeal.
The University of Albany allows students to appeal for three reasons:
- Procedural error
- New evidence
- Sanction severity, or disciplinary action disproportionate to a student's conduct
Students must file appeals within seven business days of receiving the decision letter after a hearing. Their request for appeal must include grounds for appeal. Failing to include grounds for appeal can cause a student to lose their right to appeal.
Don't Gamble with Your Future
When accused of misconduct under Title IX, one of the worst things to do is trust that the process will sort everything out and protect you. You need to be proactive in building a defense and protecting your life.
Accusations of sexual misconduct can seriously affect your life and your reputation. It can affect your professional and educational opportunities. It can damage your standing among classmates and colleagues.
If you attend or work at a college or university in the Albany area, the Education Law Team at the Lento Law Firm is here to help you. We work with students, faculty members, and staff who are facing accusations of misconduct under Title IX.
Our goal is to be the support you need to navigate this challenging chapter in your life. Call us at 888-535-3686 or fill out an online form.
