In April of 2024, the Department of Education approved New Title IX rules, which are scheduled to take effect on August 1, 2024. Our firm is closely monitoring ongoing challenges to these new rules in court, and is working hard to provide you the most up-to-date information. Click here to learn about the current state of Title IX and how we can help if you are facing accusations.
Title IX of the Education Amendments is a federal law that prohibits sexual misconduct in federally funded colleges and universities. Being accused of sexual assault, sexual harassment, rape, or any other form of sexual misconduct at Utica 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 Utica College's disciplinary process and why you need an attorney-advisor if you find yourself in this predicament.
Utica College's Disciplinary Process
Under federal law Title IX, Utica 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 Utica to respond to these accusations in a manner that is prompt and equitable. If the school 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.
Reporting Misconduct
Any Utica College community member who has been the victim of sexual misconduct has the right to make a report to the College. If reported to the College under this policy, a reporting individual will be protected from retaliation and will receive appropriate assistance and resources from Utica College.
The Investigation
If a report identifies a potential violation of policy, the College will conduct an investigation. Two investigators will collect information from the complainant and respondent. At the conclusion of the investigation, the investigators will document their findings, including determinations of fact and recommendations, in an investigatory report. This report will be sent to the Title IX Coordinator, who will provide each party with a reasonable opportunity to review the report and share their perspective.
The Decision
The Title IX Coordinator will notify both parties in writing (via letter or email), of a determination of either “responsible” or “not responsible” in regard to the respondent's alleged misconduct.
Appeals
In all cases, if either party is dissatisfied with the decision made through the disciplinary process regarding the responding party's responsibility (or the lack of such a finding), or the sanction(s) imposed, or both, either party may file an appeal within three (3) business days of the decision.
The grounds for an appeal are limited to the following:
- A procedural error occurred during the process that had a direct impact on the outcome;
- New evidence that was not previously available has come to light that has a direct impact on the outcome;
- The sanction (if applicable) is too severe or too lenient; or
- The decision is not supported by a preponderance of the evidence.
New York Title IX Attorney
If you've been accused of sexual misconduct at Utica College, you can choose anyone to be your advisor in 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 for help at 888-535-3686.
