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 Wagner 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 Wagner College's disciplinary process and why you need an attorney-advisor if you find yourself in this predicament.
Wagner College's Disciplinary Process
According to Title IX, Wagner 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 Wagner College 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.
File A Complaint
Any person may file a complaint against a student who they believe has violated the College's Community Standards. The complaint must be prepared in writing, signed, and submitted to a Title IX Coordinator. All complaints should be submitted as soon as possible after the event takes place.
Preliminary Meeting
Complainants and respondents are made aware of their options. Each party will be informed of the appropriate support services, interim remedies, and other accommodations. The coordinator will decide if there was a possibility of a violation and, if so, which grievance process is appropriate. Mediation is not allowed in the event of sexual violence and parties do not have to be in the same room to allow for grievance proceedings.
Investigation
An investigator will interview all parties involved - the respondent, the complainant, and witnesses - and compile a finding. This finding will be assessed in a hearing.
Hearing
The hearing will be led by a 3-person panel, who will facilitate statements made by each party and a questioning period for clarification. When all statements are heard and all questions are answered, the panel will make a determination based on the preponderance of evidence.
Appeals
Either party may appeal the determination and/or sanction within three business days of the receipt of the determination. An appeal must be based on at least one of the following factors to be considered:
- There was a procedural error
- There is new evidence that was not available at the time of the hearing
- The sanctions are too severe or not severe enough
New York Title IX Attorney
If you've been accused of sexual misconduct at Wagner 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.
