If you live, work, or attend school in Albuquerque and are facing allegations of a Title IX violation, you may not be sure what to do. What you shouldn't do is nothing or trust that the school will handle it.
Those accused of sexual misconduct or harassment face a difficult path. People can rush to assume the worst of you. Your college or university may not properly investigate the allegations or fail to consider relevant evidence.
Here's the problem: You're the one who faces the fallout. The people who investigate and make disciplinary decisions, this is just part of their job. They don't face backlash or damage to their reputation or relationships. They don't face damage to their education, career, and future.
Only you face those stark consequences, which is why it's so important to be proactive in fighting against these allegations. Don't assume that a school will “do the right thing” or that, because you believe or know you're innocent, a disciplinary board will feel similarly.
You may face unnecessarily severe discipline or otherwise be used as an example to prove a college or university is “tough” on sexual misconduct or harassment. Moreover, some people may misstate events or otherwise provide an inaccurate picture of what happened.
For students, faculty members, and staff who attend or work at schools in the Albuquerque area, you don't have to fight these accusations alone. The Education Law Team at the Lento Law Firm knows how to defend against Title IX allegations. We assist faculty members, students, and staff in Albuquerque and throughout New Mexico to protect their education, careers, and future.
We advocate for our clients. We help them understand the process and the laws, enabling them to take back control and defend against these allegations. Call us at 888-535-3686 or fill out an online form.
What is Title IX?
Title IX is a federal law. Any college, university, or other institution that receives federal funds must prohibit discrimination on the basis of gender or sex in educational programs and activities.
The University of New Mexico highlights the four areas of Title IX compliance:
- Disparate treatment
- Sex-based harassment
- Program equity
- Training
If a college or university knows about and ignores sexual harassment or assault that occurs on campus or during school-sponsored programs or activities, the school may be liable. This means that a court can hold a school responsible for harassment that a faculty member, staff, or student commits.
Off-Campus and Online Conduct
Colleges and universities may investigate conduct that occurs off-campus. Incidents that occur as part of a school activity or other sponsored event are more likely to result in an allegation of a Title IX violation than off-campus conduct that occurs outside of an individual's school responsibilities or position.
How a school chooses to address online conduct can depend on the school. The University of New Mexico, for example, limits applying this policy to online postings and activities that cause a substantial in-program disruption.
When school staff and faculty members engage in online harassment, the school will only get involved when they're acting in their official or work-related capacity.
Supportive Measures
Both the accuser and those accused should have access to supportive measures. Under Title IX, supportive measures are individualized supports for students, staff, and faculty members who are involved in sexual harassment or other sexual misconduct cases.
The purpose of supportive measures is to ensure everyone still has equal access to education programs or activities, and without unreasonably burdening the other party. This can include putting measures into place to protect all individual's safety.
The University of New Mexico lists the following types of supportive measures:
- Academic accommodations
- Housing accommodations
- Campus escort services
- No contact directives
- Counseling services
- Leave of absences
- Work schedule modifications
- Emergency removals
- Increased security and monitoring of certain campus areas
- Other measures as appropriate
The university says that these accommodations are available as appropriate and reasonably available. All accommodations are provided to students, faculty members, and staff for free. Individuals can request these measures at any time.
Supportive measures are available to both the complainant and respondent. In other words, a school cannot deny accommodations because someone has been accused of sexual misconduct.
Title IX and Colleges and Universities in Albuquerque
Colleges and universities in the Albuquerque 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 University of New Mexico is the largest university in Albuquerque and New Mexico. Central New Mexico Community College, funded by Bernalillo County, has the largest undergraduate student population in the state.
Other colleges and universities in Albuquerque, including programs and satellite campuses, are:
- Lewis University, Albuquerque
- New Mexico Highlands University, Albuquerque
- Southwestern Indian Polytechnic Institute
- St. Norbert College, Master of Theological Studies at the Norbertine Abbey of Santa Maria de la Vid
- University of St. Francis, Albuquerque Campus and home of the school's Physician Assistant program
Some of these schools have their main campuses located in other states. St. Norbert College, for example, is based out of De Pere, Wisconsin. This may present challenges in Title IX cases as some administrators may be out of state.
Trinity Southwest University
Students, faculty members, and staff at Trinity Southwest University should know that the university does not accept any federal, state, or local governmental funding. This means the school isn't required to abide by Title IX. The Education Law Team at the Lento Law Firm can still assist members of the Trinity Southwest community with sexual misconduct cases, but the process may differ from a school covered by Title IX.
University-Specific Programs
In general, colleges and universities, in comparison to K-12 schools, have more leeway in how they administer their Title IX programs. This includes their procedures for investigating and deciding Title IX issues.
Faculty members, staff, and students should refer to their school's specific policies and programs. While disciplinary processes are often similar between schools, students, faculty members, and staff shouldn't automatically assume they are. Schools may have different deadline requirements, different forms, or even different ways to submit evidence.
Complaint and Investigation
Accusations of Title IX violations generally begin with a complaint. Once a school receives this complaint, they will notify all parties and launch an investigation.
Colleges and universities should make their Title IX reporting procedure clear. Southwestern Indian Polytechnic Institute, for example, has its complaint form available online. This complaint form extends to more than just Title IX complaints, and students can submit this form to the Title IX Coordinator.
Title IX doesn't have a set statute of limitations, meaning each college or university sets its own. This means that an individual may face accusations months or even years after the alleged event. A delayed accusation can be difficult for students, faculty members, and staff to defend against because key evidence may be difficult to obtain, and people's memories may be fuzzy.
Moreover, investigations may not be comprehensive. They may miss needed information that can provide context to events. This is why it's so important for you to be proactive.
The Education Law Team at the Lento Law Firm works with our clients to ensure they can present all relevant evidence during the process. We work hard to make sure our clients face charges that don't rely on incomplete or cherry-picked evidence.
Disciplinary Hearings
All colleges and universities must have a formal resolution process. Colleges and universities have flexibility in deciding how they set their disciplinary hearing policies.
The University of New Mexico, for example, has the following procedures for its disciplinary hearings. After the conclusion of an investigation that finds evidence that a Title IX violation potentially occurred, the next step is for the school to conduct a live hearing.
Ahead of the hearing, both sides can assemble evidence and otherwise prepare to defend their case. The university should provide everyone involved with the relevant information on the hearing and on-campus resources, such as obtaining an advocate or advisor.
At this hearing, both parties can choose to have an advocate or advisor present. The advantage of having an advocate or advisor present, such as an attorney from the Education Law Team at the Lento Law Firm, is that they have the experience to help guide you through the process and the day.
Hearings can be stressful and emotional. Having someone in that room who can advocate for you and knows how to navigate the procedures can reduce stress on you.
Hearing Officers oversee disciplinary hearings. These hearings are similar to a courtroom trial with a neutral third party overseeing proceedings and both sides having the chance to present their evidence and witnesses.
During the hearing, the Hearing Officer may ask questions of both parties and any witnesses. Each party does have the right to request to a cross-examination of the other party or the other party's witnesses.
These disciplinary hearings aren't open to the public. Even witnesses are only allowed to be present during their part of the hearing. That said, Title IX hearings are recorded, and individuals can request to review the recording.
Title IX hearings don't have a set time. How long a hearing takes largely depends on the complexity of a case. Simple cases tend to be resolved quickly while others may take a significant amount of time to complete.
The Hearing Officer will make a decision. If a student, faculty member, or staff member is found to have committed the alleged acts, they may be subject to disciplinary action.
Possible Disciplinary Action
What disciplinary action a school takes depends on the facts of the case and the person in question. How the school disciplines a faculty member generally differs from how they would discipline a student.
The University of New Mexico, for example, has four categories of people for disciplinary action:
- Students
- Visitors
- Staff members
- Faculty members
Students face everything from a written warning to expulsion. The school may also bar a student from campus. If a student lives on campus, they may lose housing or be reassigned to a different dorm room or residence hall.
Faculty members and staff face different repercussions. Both may be fired. What penalties they face may also depend on whether they're a union member. Even union members may face dismissal if they're found to have committed sexual misconduct.
Appeals
All colleges and universities should have a state policy for Title IX appeals. The University of New Mexico gives people seven days to appeal. Central New Mexico Community College, in comparison, gives individuals five business days to appeal to the Title IX Coordinator.
Central New Mexico Community College states that appeals will be considered based on the following:
- Did any procedural irregularities affect the hearing's outcome?
- Does either party have no evidence that wasn't reasonably available at the time of the hearing and could affect the hearing's outcome?
- Did anyone involved have a potential conflict of interest that may have affected their decision-making ability and the hearing's outcome?
Different schools may have different criteria for appeals. These questions, however, provide a good understanding of the key issue for any appeal: Showing why the hearing's outcome was wrong.
Informal Resolution Process
In addition to disciplinary hearings, or a formal resolution process, schools may choose to have an information resolution process. Title IX doesn't require schools to provide this second option. If a school does offer the informal option, the school's Title IX coordinator decides which cases to allow into the informal process.
Central New Mexico Community College provides members of its community with the informal option. The school describes it as a voluntary, remedies-based process. No disciplinary action is taken, and nothing will appear in anyone's record.
At Central New Mexico Community College, individuals may qualify for the informal process when:
- The complainant filed a formal complaint
- After an initial assessment, the Title IX Coordinator has determined that, if the alleged conduct did occur, it would be considered sexual harassment under Title IX
- The Title IX Coordinator finds that the informal resolution process is appropriate in this case
The Title IX Coordinator also approves all agreements reached during the informal resolution process.
Protect Your Reputation and Your Future
Allegations of sexual misconduct and Title IX violations can follow you for years. One of the best ways to minimize the fallout is to be proactive in building your defense and ensuring you have allies at your side.
The Education Law Team at the Lento Law Firm supports students, faculty members, and staff in Albuquerque and throughout New Mexico who are dealing with accusations of misconduct under Title IX. We focus on the individual and helping them build the best case for their situation.
Don't let Title IX and sexual misconduct allegations derail your life, your education, your dreams, or your future. Call us at 888-535-3686 or fill out an online form.
