The University of Baltimore is located in the heart of Maryland's largest city, and is considered the choice school for approximately 6,000 students who strive to receive their undergraduate, graduate, and law degrees. Similar to other federally funded institutions, this school condemns the existence of gender-based discrimination (in compliance with Title IX) committed by or against anyone belonging to the University of Baltimore community.
Sexual misconduct falls under the definition of gender-based discrimination, which means that schools who have implemented Title IX regulations are required to investigate and resolve complaints of this nature. However, each school's method of resolving these complaints is distinct. If you have been accused of sexual misconduct of any its forms (sexual harassment, dating violence, rape, sexual assault etc.) on the University of Baltimore campus, it's important you understand what you're up against. For the purposes of this article, we will provide a brief overview of the university's Title IX process.
Title IX Process
The university of Baltimore aims to investigate and resolve all complaints of sexual misconduct within 60 calendar days from which a report is made.
Once a Title IX coordinator receives notice of an alleged instance of sexual misconduct, their primary concern is to protect a complainant from retaliation. In order to successfully do so, school authorities will impose interim measures to separate complainants and respondents to prevent conflict. Interim measures may include, but are not limited to:
- The issuing of a no contact order
- Parking and/or transportation accommodations
- Changes in work schedule or job assignment
- Housing arrangements
- Restrictive access to certain areas of the university etc.
The Title IX coordinator will plan to meet with a complainant to host a preliminary meeting. At this meeting, complainants will be provided general information regarding school policy and procedures, options for pursuing a complaint, resources for support and whether or not the complaint is within Title IX jurisdiction. A coordinator will also assess specific facts of the complaint to determine whether or not the process should proceed. Factors such as the age of a complainant, the existence of violence, the use of a weapon, and the disciplinary history of a respondent will be considered when making this decision.
Investigation and resolution
During this phase of the process, the complainant, respondent and witnesses will be interviewed by investigators for the purpose of gathering information. All parties have the chance to present evidence to investigators to support their account of events. Once investigators deem it necessary to conclude the investigation, an investigative finding will be drafted and presented to school authorities. It will contain a final determination along with a recommended sanction(s), if applicable.
The outcome of an investigation may be appealed by a respondent. An appeal is a written request for a school to reconsider a determination and/or sanction(s). However, in order for an appeal to be granted, it must be based on reasonable grounds. The sole grounds for an appeal includes, but is not limited to:
- The sanction is not proportionate to the severity of a violation
- New information that was not available at the time of an investigation or hearing surfaced that could have reasonably affected a determination and/or sanction
- A procedural error that significantly affected a determination or sanction
An appeal must be submitted within five days after the date of the notice of a decision.
Title IX Advisor
By choosing an attorney to occupy the role of an advisor throughout the course of your schools Title IX processes, you are sending a message to the school that says the protection of your rights is important. And with so much at stake, you deserve an experienced attorney to help you defend yourself at the best of your ability. Skilled legal professional Joseph D. Lento has helped other students in your predicament get through these processes with a favorable result, and he can do the same for you. Contact him today for assistance.
Title IX violations and Title IX charges can change an accused student's life if not defended against properly and as early as possible during the disciplinary process, and Joseph D. Lento has nearly a decade of experience passionately fighting for the future of his clients at universities and colleges throughout the nation. He does not settle for the easiest outcome, and instead, prioritizes his clients' needs and well-being. Joseph Lento is a licensed attorney in Pennsylvania 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 to students facing disciplinary cases in Maryland and throughout the nation. Make certain your or your student's interests are protected - Joseph D. Lento can help.