Utica College

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.

Contact Us Today!

Footer 2

If you, or your student, are facing any kind of disciplinary action, or other negative academic sanction, and are having feelings of uncertainty and anxiety for what the future may hold, contact our offices today, and let us help secure your academic career.

This website was created only for general information purposes. It is not intended to be construed as legal advice for any situation. Only a direct consultation with a licensed Pennsylvania, New Jersey, and New York attorney can provide you with formal legal counsel based on the unique details surrounding your situation. The pages on this website may contain links and contact information for third party organizations – the Lento Law Firm does not necessarily endorse these organizations nor the materials contained on their website. In Pennsylvania, Attorney Joseph D. Lento represents clients throughout Pennsylvania's 67 counties, including, but not limited to Philadelphia, Bucks, Chester, Delaware, Montgomery, Berks, Lancaster, Lehigh, and Northampton County. In New Jersey, attorney Joseph D. Lento represents clients throughout New Jersey's 21 counties: Atlantic, Bergen, Burlington, Camden, Cape May, Cumberland, Essex, Gloucester, Hudson, Hunterdon, Mercer, Middlesex, Monmouth, Morris, Ocean, Passaic, Salem, Somerset, Sussex, Union, and Warren County, In New York, Attorney Joseph D. Lento represents clients throughout New York's 62 counties. Outside of Pennsylvania, New Jersey, and New York, unless attorney Joseph D. Lento is admitted pro hac vice if needed, his assistance may not constitute legal advice or the practice of law. The decision to hire an attorney in Philadelphia, the Pennsylvania counties, New Jersey, New York, or nationwide should not be made solely on the strength of an advertisement. We invite you to contact the Lento Law Firm directly to inquire about our specific qualifications and experience. Communicating with the Lento Law Firm by email, phone, or fax does not create an attorney-client relationship. The Lento Law Firm will serve as your official legal counsel upon a formal agreement from both parties. Any information sent to the Lento Law Firm before an attorney-client relationship is made is done on a non-confidential basis.

Menu