Under federal law Title IX, colleges and universities are required to adjudicate all complaints involving sexual misconduct committed by and/or against students and staff. This means all cases that involve sexual harassment, sexual assault, dating violence, and other forms of misconduct will be handled internally, as opposed to being handled by law enforcement or an outside source. An investigation is a vital part of the administrative process higher education institutions use to determine whether Title IX has been violated.
Although a Title IX investigation shares similarities with a criminal investigation, there are significant differences. The conclusion of an investigation won't dictate guilty or innocence in any respect to federal, state, or local laws, nor is the process confined by legal rules and stipulations. A Title IX investigation will end when a “finding” determining responsibility or irresponsibility is comprised. Based on this finding, schools will have wide discretion as to how the issue will be remedied.
The Role of an Advisor
Individuals who bring allegations (complainants), and individuals who respond to these claims (respondents), are afforded the right to choose a person to serve as their advisor throughout the investigation process. This right is extended to these parties because they'll definitely need assistance navigating the complex Title IX investigation process. Choosing the right advisor can make all the difference when it comes to achieving a favorable case outcome.
The Benefits of Choosing an Attorney as Your Title IX Advisor
As a respondent, you may feel like the cards are stacked against you. In some ways they are. Respondents experience real consequences when people develop a presumption of guilt against them. When accused of stigmatized allegations like sexual misconduct, people have a tendency to assume that the accused is guilty. Based on this perception, they start to treat them like they're guilty before they get a chance to prove otherwise. Saying or doing the wrong thing during the investigation process will only confirm in the minds of spectators that you're guilty. This is one of the many reasons why respondents need the guidance of an attorney in this process.
The Title IX Process
Here's a general overview of the Title IX process in New York college and universities:
- A complaint is filed: colleges encourage every member of its community to immediately report all rumored, witnessed, and experienced incidents of alleged sexual misconduct. A complaint can be filed by anyone, from a "victim" to a mandatory reporter.
- Interim measures: a school's main concern is to keep a complainant and the campus community safe. This is why in some cases, colleges implement interim measures upon respondents, like a no-contact order, housing accommodations, or restrict them from attending certain areas of campus altogether to limit their interactions with complainants.
- The investigation: a formal investigation will be conducted. Complainants, respondents, witnesses and any other relevant parties will be interviewed in an effort to gather information for a finding.
- The Hearing: although many schools decide responsibility for sexual misconduct charges strictly through the Title IX investigative process, some schools use a hearing "model", or a combination of both; at schools that use a hearing, this is the last opportunity for the respondent to tell his or her side of the story, with the the hearing being similar in concept to a courtroom trial (although there are also major differences between a sexual misconduct hearing and a courtroom trial)
- Sanctions: if a finding indicates that a respondent is "responsible" for violating Title IX, a sanction that consists of either an intervention program, treatment, the removal of a scholarship, suspension, or expulsion will be imposed.
- Appeals: an appeal is a request for a school to reconsider its decision. If any party is dissatisfied with the outcome of an investigation or with a recommended sanction, he or she may file an appeal, which is a whole process in and of itself.
New York Title IX Attorney
If you attend a New York school and are facing sexual misconduct allegations, it is crucial you contact an attorney. Skilled legal professional Joseph D. Lento has extensive experience representing people who have been in your shoes. Contact him today for help.
New York colleges and universities where Joseph D. Lento can help as your or your student's Title IX advisor during sexual misconduct investigations (and also hearings and appeals) include, but are not limited to, the following schools:
State University of New York (SUNY):
SUNY University Centers
- State University of New York at Buffalo
- Binghamton University
- Stony Brook University
- University at Albany, State University of New York
SUNY Technology College
- Alfred State College
- State University of New York at Canton
- State University of New York at Cobleskill
- State University of New York at Delhi
- State University of New York at Farmingdale
- State University of New York at Morrisville
- State University of New York Polytechnic Institute
- State University of New York Maritime College
SUNY Comprehensive Colleges
- Buffalo State College
- Empire State College, Saratoga Springs
- State University of New York at Brockport
- State University of New York at Cortland
- State University of New York at Fredonia
- State University of New York at Geneseo
- State University of New York at New Paltz
- State University of New York at Old Westbury
- State University of New York at Oswego
- State University of New York at Plattsburgh
- State University of New York at Potsdam
- Crane School of Music
- State University of New York at Purchase
SUNY Specialized Doctoral Granting Units
- State University of New York Downstate Medical Center
- State University of New York Upstate Medical University
- State University of New York College of Environmental Science and Forestry
- State University of New York State College of Optometry
SUNY Community Colleges
- Adirondack Community College
- Broome Community College
- Cayuga County Community College
- Clinton Community College
- Columbia-Greene Community College
- Corning Community College
- Dutchess Community College
- Erie Community College
- Fashion Institute of Technology
- Finger Lakes Community College
- Fulton-Montgomery Community College
- Genesee Community College
- Herkimer County Community College
- Hudson Valley Community College
- Jamestown Community College
- Jefferson Community College
- Mohawk Valley Community College
- Monroe Community College
- Nassau Community College
- Niagara County Community College
- North Country Community College
- Onondaga Community College
- Orange County Community College
- Rockland Community College
- Schenectady County Community College
- Suffolk County Community College
- Sullivan County Community College
- Tompkins Cortland Community College
- Ulster County Community College
- Westchester Community College
SUNY State-wide Colleges
- Empire State College
- SUNY Learning Network
CUNY Senior Colleges and Graduate Schools
- Baruch College
- Brooklyn College
- City College
- Sophie Davis - School of Biomedical Education; School of Professional Studies
- College of Staten Island
- CUNY Graduate Center
- CUNY Graduate School of Journalism
- CUNY Law School
- Hunter College
- John Jay College of Criminal Justice
- Lehman College
- Medgar Evers College
- New York City College of Technology at MetroTech
- Queens College
- Aaron Copland School of Music
- York College
CUNY Community Colleges
- Borough of Manhattan Community College
- Bronx Community College, University Heights
- Guttman Community College
- Hostos Community College
- Kingsborough Community College
- LaGuardia Community College
- Queensborough Community College
Federal-Service Academies
- United States Merchant Marine Academy (exempt from Title IX and the Clery Act)
- United States Military Academy (exempt from Title IX and the Clery Act)
Private Colleges and Universities
- Adelphi University
- Albany College of Pharmacy and Health Sciences
- Alfred University
- American Museum of Natural History; Richard Gilder Graduate School
- Bank Street College of Education
- Bard College
- Barnard College
- Brooklyn Law School
- Cazenovia College
- Clarkson University
- Cold Spring Harbor Laboratory; Watson School of Biological Sciences (graduate school)
- Colgate University
- Columbia University
- College of Dental Medicine
- Columbia Business School
- Columbia College
- Columbia Graduate School of Architecture, Planning, and Preservation
- Columbia Graduate School of Arts and Sciences
- Columbia Law School
- Fu Foundation School of Engineering and Applied Science
- Graduate School of Journalism
- Mailman School of Public Health
- School of the Arts
- School of General Studies
- School of International and Public Affairs
- School of Social Work
- School of Nursing
- College of Physicians and Surgeons
- School of Professional Studies
- Cooper Union
- Cornell University
- Cornell Tech
- Weill Cornell Graduate School of Medical Sciences
- Weill Cornell Medicine
- Culinary Institute of America
- Daemen College
- Dowling College
- Elmira College
- Hamilton College
- Hartwick College
- Helene Fuld College of Nursing
- Hobart and William Smith Colleges
- Hofstra University
- Frank G. Zarb School of Business
- Icahn School of Medicine at Mount Sinai
- Ithaca College
- Juilliard School
- Keuka College
- Long Island University
- LIU Brooklyn
- LIU Post (formerly C.W. Post)
- Manhattan School of Music
- Manhattanville College
- Marymount Manhattan College
- Medaille College
- Mercy College
- Metropolitan College of New York
- Monroe College
- Bronx campus
- New Rochelle campus
- The New School
- College of Performing Arts
- Eugene Lang College, School for Liberal Arts
- Parsons School of Design
- School for Social Research
- The Schools of Public Engagement
- New York Chiropractic College
- New York Institute of Technology
- Central Islip campus
- Columbus Circle
- Old Westbury campus
- New York University
- College of Arts & Science
- Courant Institute of Mathematical Sciences
- Gallatin School of Individualized Study
- Institute of Fine Arts
- Liberal Studies
- School of Law
- School of Medicine
- Sackler Institute of Graduate Biomedical Sciences
- Steinhardt School of Culture, Education, and Human Development
- School of Professional Studies
- School of Social Work
- Stern School of Business
- Tandon School of Engineering
- Tisch School of the Arts
- Pace University
- Manhattan campus
- Pleasantville campus
- White Plains campus
- Paul Smith's College
- Pratt Institute
- Rensselaer Polytechnic Institute
- Rochester Institute of Technology
- Sage Colleges
- Russell Sage College
- Sage College of Albany
- Sage Graduate Schools
- Sarah Lawrence College
- Skidmore College
- St. Lawrence University
- St. Thomas Aquinas College
- University of Rochester
- Eastman School of Music
- College of Arts Sciences and Engineering
- Margaret Warner Graduate School of Education and Human Development
- Simon Business School
- Union College
- Utica College
- Vassar College
- Vaughn College of Aeronautics and Technology
- Villa Maria College
- Webb Institute
- Wells College
Private Colleges and Academies (For Profit)
- ASA College
- Downtown Brooklyn campus
- Midtown Manhattan campus
- White Plains campus
- Berkeley College
- Brooklyn campus
- Midtown Manhattan campus
- DeVry University
- Five Towns College
- Globe Institute of Technology
- LIM College (Laboratory Institute of Merchandising)
- New York Film Academy
Religious Affiliated/Oriented Private Institutions
- Canisius College
- College of Mount Saint Vincent
- College of New Rochelle
- College of St. Rose
- Concordia College
- Davis College
- Dominican College
- D'Youville College
- Fordham University
- Lincoln Center campus
- Rose Hill campus
- General Theological Seminary
- Hebrew Union College-Jewish Institute of Religion
- The Debbie Friedman School of Sacred Music
- Hilbert College
- Houghton College
- Iona College
- Jewish Theological Seminary of America
- King's College
- Le Moyne College
- Manhattan College
- Marist College
- Molloy College
- Montefiore Medical Center and Yeshiva University
- Albert Einstein College of Medicine
- Mount Saint Mary College
- Nazareth College
- New York Theological Seminary at The Interchurch Center
- Niagara University
- Nyack College
- Roberts Wesleyan College
- Siena College
- St. Bonaventure University
- St. Francis College
- St. John's University
- St. Joseph's College
- St. John Fisher College
- Syracuse University
- Touro College
- College of Osteopathic Medicine
- Manhattan
- Lander College for Men
- Lander College for Women – The Anna Ruth and Mark Hasten School
- Lander Institute
- Law Center
- Trocaire College
- Union Theological Seminary
- Wagner College
- Yeshiva University
- Benjamin N. Cardozo School of Law
- Rabbi Isaac Elchanan Theological Seminary
- Stern College for Women
- Sy Syms School of Business
- Yeshiva College
It is critical to make certain the Title IX investigation at your college or university is handled properly and that the accused student's or employee's interests are protected from as early as possible during the sexual misconduct investigative process. One major reason is because even at schools where a finding of responsibility for sexual misconduct charges is made at a hearing, the investigation will set the stage for what the hearing panel is provided prior to a hearing (and what the hearing panel will in large part rely on at a hearing), and at schools where the finding of responsibility is made solely through the investigative process, what takes place during the investigation itself will determine whether the accused is found responsible or not responsible for Title IX charges.
Unfortunately, some students, families, and college employees make the mistake of not taking the necessary precautions as soon as possible when accused of sexual misconduct. Some people will mistakenly believe that if they "just explain what happened," their school will be fair and impartial and will arrive at the truth. In a perfect world this may be the case, but in a perfect world, sexual misconduct and Title IX charges would not exist.
Fighting passionately for the future of his clients at universities and colleges throughout the nation for a decade, Joseph D. Lento knows how important it is to mount the strongest defense because he understands that an accused's academic and professional future is on the line. He does not settle for the easiest outcome, and instead prioritizes his clients' needs and well-being. Joseph Lento is a licensed attorney in New York and New Jersey, is admitted as an attorney pro hac vice in state and federal court if needed when representing clients nationwide, and serves as a Title IX advisor and educational consultant to students facing sexual misconduct investigations and disciplinary cases in New York and throughout the nation. Make certain your or your student's interests are protected - Contact National Title IX attorney Joseph D. Lento today.
