Morgan State University in Baltimore, Maryland is a well-respected institution that prides itself on community engagement, public service, intensive research, and excellence in teaching. At the forefront of the university’s values is the goal of maintaining a safe campus community and environment. This is why the school has implemented several policies that condemn and discourage any violations of the Title IX policy. Sexual misconduct is one of the most serious violations that a student could possibly commit on campus. If you’re a member of this community and have been accused of sexual misconduct, it’s important to know what you’re up against. Let us help you navigate Morgan State University’s Title IX process with confidence.
Morgan State University’s Sexual Misconduct Policy:
The school provides several definitions of terms that will ultimately be used to determine your innocence or guilt in a sexual misconduct case. The terms such as “sexual assault,” “dating violence,” “rape,” and “sexual harassment” will be used in any case involving sexual misconduct. It’s critical to note that affirmative consent is one of the key factors that will be discussed during the hearing. Other related concepts like “incapacitation” and “coercion” will also come into play. Therefore, you must gain a comprehensive understanding of these terms to fully comprehend the type of evidence you need to collect and what you must prove to a panel in a hearing. At Spodek Law Group, we can help you understand these terms and provide guidance on how to collect evidence to strengthen your case.
The Title IX Process:
Filing a complaint:
All members of the Morgan State community are encouraged to report any instances of sexual misconduct they’ve experienced or witnessed. Once a complaint is filed, the Title IX process will immediately begin. It’s important to note that the Title IX coordinator and other school authorities will use specific terms to characterize the parties listed in the complaint. For example, an individual who experienced the reported prohibited conduct, regardless of whether that individual made the report, is known as a “complainant.” In some cases, schools have been known to occupy the role of a complainant in an investigation. An individual who has been accused of committing said prohibited conduct is known as a “respondent.”
Interim measures:
Once a Title IX coordinator receives word of a complaint, their first priority is to prevent anyone from retaliating against a respondent. In an effort to do so, certain measures are implemented to keep all parties from being in the same vicinity throughout the course of the Title IX process. These interim measures may include the issuing of a no-contact order, rescheduling examinations, coursework, work schedule, and job assignments, parking and/or transportation accommodations, and reassignment for housing and residences. Our firm understands how to navigate these measures to ensure that your rights are protected during this difficult time.
The investigative process:
Preliminary hearing:
A preliminary hearing is held between a Title IX coordinator and a complainant for the purpose of gathering more information. This meeting will clarify specific facts that will determine whether or not the complaint will proceed. A coordinator will assess factors like the age of the complainant, the existence of violence, the use of a weapon, the disciplinary history of a respondent, and other relevant factors. At Spodek Law Group, we can help you prepare for this hearing and guide you on how to present your case effectively.
The formal investigation:
If the process continues, a Title IX coordinator will hire investigators to gather more facts about the alleged incident of sexual misconduct. Interviews featuring the complainant, respondent, and witnesses that may know any relevant information will be conducted. An investigative finding will be comprised from this information. Using the preponderance of evidence standard, it will be determined whether or not it was likely that the alleged misconduct occurred.
The hearing:
The hearing is the last opportunity for both complainants and respondents to present their case. A panel will listen to testimony, witness accounts, presentations of evidence, and final statements from both sides. Once all parties are heard, the panel will deliberate and ultimately come up with a final determination and recommended sanction (if applicable). At Spodek Law Group, our attorneys have experience in representing clients during this hearing and know how to effectively present your case to the panel.
Appeals:
If a respondent is dissatisfied with a school’s decision, they have the opportunity to appeal the decision. An appeal is a request for the school to reconsider a decision. In order for an appeal to be granted, it must be based on specific grounds. The sole grounds for an appeal include a procedural error that significantly affected a determination or sanction, new information that was not available at the time of an investigation or hearing surfaced that could have reasonably affected a determination or sanction, or if the sanction is not proportionate to the severity of a violation. Students have five calendar days to submit a written appeal.
Choose a Title IX Advisor You Can Trust:
When you choose an attorney to accompany you through your school’s processes, you are sending a message to the institution that the protection of your rights is important. Attorney Todd Spodek has helped students who were previously in your predicament to come out on top in these cases, and he can do the same for you. Contact him today for help.
Todd Spodek is a renowned attorney with deep experience in Title IX cases. He has nearly two decades 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. Todd Spodek is a licensed attorney in New York and New Jersey and is admitted as an attorney pro hac vice in state and federal court if needed when representing clients nationwide. He serves as a Title IX advisor to students facing disciplinary cases in Maryland and throughout the nation. Todd Spodek can help protect your rights and ensure that your interests are represented during the Title IX process.
If you’re facing a Title IX violation or charges, it’s crucial to have an experienced attorney who understands the process and can provide guidance on how to navigate it. At Spodek Law Group, we have the experience and expertise to help you through this difficult time. Contact us today to schedule a consultation and take the first step towards protecting your future.
Interim Measures
When a complaint is filed, interim measures are immediately implemented to keep all parties from being in the same vicinity throughout the course of the Title IX process. These interim measures may include the issuing of a no-contact order, rescheduling examinations, coursework, work schedule, and job assignments, parking and/or transportation accommodations, and reassignment for housing and residences. It’s important to note that these measures are taken to protect the rights of both the complainant and respondent.
The Formal Investigation
If it is determined that the process will continue, a Title IX coordinator will hire investigators to gather more facts about the alleged incident of sexual misconduct. Using the preponderance of evidence standard, it will be determined whether or not it was likely that the alleged misconduct occurred. The investigative finding will be comprised from this information. Interviews featuring the complainant, respondent, and witnesses that may know any relevant information will be conducted. Our attorneys at Spodek Law Group know how to navigate this process and can provide guidance on how to present your case effectively.
The Hearing
The hearing is the last opportunity for both complainants and respondents to present their case. A panel will listen to testimony, witness accounts, presentations of evidence, and final statements from both sides. Once all parties are heard, the panel will deliberate and ultimately come up with a final determination and recommended sanction (if applicable). The outcome of this hearing can have a significant impact on your future. That’s why it’s crucial to have an experienced attorney by your side who can help you present your case effectively. At Spodek Law Group, our attorneys have experience in representing clients during this hearing and know how to effectively present your case to the panel.