York College of Pennsylvania, or YCP as it is colloquially known, upholds a strict Sexual Misconduct Policy. The policy is meant to both prohibit certain acts that fall under the umbrella of sexual misconduct and also provide a process for taking disciplinary action against College students found responsible. The processes used for disciplining acts of sexual misconduct mirror what the College utilizes for acts of standard behavioral misconduct, however, these incidents are treated with greater scrutiny and potential severity.
York College Of PA Sexual Misconduct Policy
When a report is filed with a College official, the process for resolving sexual misconduct allegations will begin. Throughout the resolution process, the student who faces the allegations will be known as the "accused," while the student who initiated the complaint will be known as the "complainant." The campus will initiate an investigation into the matters to determine what transpired. During the investigation phase, if the College believes it necessary, certain interim measures may be imposed upon the accused. This can include rescheduling of classes, or even a temporary suspension.
Once the investigation has concluded, a hearing will be held to determine whether or not the accused is in violation of the College's Sexual Misconduct Policy. Hearings are held and decided upon by the Student Conduct Hearing Board. The board is led by a Chairperson, who will direct the order of the hearing. There is no absolute agenda for how a hearing must proceed, however, the accused and the complainant will in theory have certain rights guaranteed to them. Both parties will be able to present witnesses and pertinent evidence to the board. The board may elect to take certain precautions to accommodate the complainant, if deemed necessary, including having the parties participate in the hearing from separate rooms or locations. The board will close the hearing once both sides have finished presenting their supporting information, and make a decision using the standard of "a preponderance of evidence."
At hearings, students are permitted the presence of an advisor of their own choosing. Students that face sexual misconduct allegations also face serious endangerment of their future professional and academic careers. The reporting of these allegations can carry long-term negative consequences for a student. For this reason, an attorney should be selected to serve as their advisor throughout the Title IX investigation and hearing process. An attorney can offer students specialized knowledge of courtroom-tested methods of argument, which can strongly impact the outcome of a hearing. In addition, should any adverse consequences arise from the initial reporting of the allegations at York College of Pennsylvania, students can depend on their attorney to guide them through these consequences.
Appeals At York College of PA
In the event of an unfavorable outcome, students may make an appeal. Appeals are to be submitted within two (2) business days of the hearing outcome. In addition, appeals must be on the grounds of a departure from procedure, new evidence, or a disproportionate sanction for the offense.