Being accused of sexual assault, sexual harassment, rape, or any other form of sexual misconduct at Touro College 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 Touro's disciplinary process and why you need an attorney-advisor if you find yourself in this predicament.
Touro College's Disciplinary Process
Under Title IX, Touro College is required to adjudicate any cases of sexual misconduct brought to the institution's attention. The Department of Education urges compliant higher education institutions like Touro College to respond to these accusations in a manner that is prompt and equitable. If the university 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.
Filing a Complaint
A complaint of alleged sexual misconduct must be submitted within either 30 days after the conduct, or the end of the semester in which the incident transpired. The complaint should consist of the following details: the complainant's full name, address, email, phone number, and Touro student/employee ID number, the name of the respondent, a complete statement of the facts that constitute the alleged misconduct, and other relevant details.
Obviously, prompt reporting is encouraged. Touro's policy claims that if more than 365 days have elapsed since the day of the complaint, it will not be processed.
After receipt of a complaint, the school's Title IX Coordinator will meet with the complainant within one week. This meeting is known as an “intake interview.” During this meeting, the coordinator will inform the complainant about the investigation procedure and timeline, and he or she will be able to provide or present evidence and witnesses on their behalf.
Investigation of Complaints
The Title IX Coordinator will have 30 days from the intake interview to complete the investigation of the event in question. The investigations entail gathering facts, interviewing witnesses and comprising all the information gathered into a finding.
Notice of Determination and Further Action
The Title IX Coordinator will then report the findings to an impartial Fact Finder, and he or she will issue a determination within 15 days. The determination will include whether is probable cause to believe the sexual misconduct occurred, a description of actions taken to prevent similar problems from occurring in the future, and the proposed resolution of the complaint.
Students have within 7 business days of the date of receipt of the determination to file a written appeal to the Appeals panel. The appropriate grounds for an appeal are as follows:
- A procedural error occurred
- New information exists that would substantially change the outcome of the finding
- The sanction is disproportionate with the violation
New York Title IX Attorney
If you've been accused of sexual misconduct at Touro College, you have the freedom to choose anyone to be your advisor throughout 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 at 888-535-3686 for help.