Defending Yourself Against Sexual Misconduct Charges: Understanding the Title IX Process
Sexual misconduct charges in university campuses can lead to serious consequences such as suspension or even expulsion. If you are facing such charges, you probably have a lot of questions, but finding answers can be challenging. The case may be particularly complex that it would be impossible to handle it alone. Thus, it is important to seek the help of an experienced attorney specializing in university misconduct cases.
Universities like CUNY Baruch use two different processes when investigating sexual misconduct allegations – the Title IX process and non-Title IX process. Both processes provide due process rights including the right to review evidence in the case and receive advance notice of all meetings. However, students who undergo Title IX cases have additional rights like the right to cross-examine witnesses.
Title IX Cases
Each Title IX case begins with a formal complaint filed by either a complainant or the school’s Title IX Coordinator. As soon as a complaint has been made, respondents must know about their specific allegations and their rights including their right to an advisor of their choice who may serve as their attorney.
The Coordinator assigns an investigator who collects physical evidence, interviews witnesses from both parties, and meets up with both sides for this investigation. Respondents can review all evidence while having an advisor with them at each meeting within 120 days or less.
Following this period, once the investigation is complete, the investigator provides a summary report forwarded by the Title IX Coordinator which takes ten days for both sides to review before suggestions of revisions become available.
In situations where investigations have concluded without resolution or either party wants further investigation into particular aspects of the allegation(s), respondents get entitled to “pre-hearing discovery.” This could prompt deposition taken from key players useful for building rapport for future legal strategies.
Neither party has access nor possession over any documentation created during the pre-hearing phase unless subject to appeal scrutiny later. Once completed, meetings are set up for this live hearing with a 3-member committee finalizes decisions regarding penalties based on the “preponderance of evidence” standard.
Non-Title IX Cases
Unlike Title IX cases, non-Title IX proceedings’ investigative process is much alike but in reverse as no hearings occur. Once done, the Title IX Coordinator gives determinations of responsibility by reviewing evidence presented by investigators obtained from both parties.
It is possible to appeal the Coordinator’s verdict through a school’s Appeals Committee which allows neither party to present witness testimony but reviews all available information relevant to make the right decision under specific conditions like procedural irregularities, conflict of interest among coordinators or committee members or disproportional penalties for claimed offenses.
Todd Spodek, Title IX Sexual Misconduct Attorney
Sexual misconduct charges pose incontrovertibly serious consequences that should not be taken lightly. The outcomes can damage careers and reputations, leading to suspension or expulsion that could indefinitely ban students from enrolling anywhere within any CUNY school.
Students may find navigating through such types of allegations in universities challenging alone so seeking help from an experienced attorney specializing in university misconduct cases becomes invaluable!
The Law Offices of attorney Todd Spodek offer services in New York and across the nation to defend students facing accusations whether it be after conducting hearings for those who undergo Title IX processes or establishing sound legal strategies to aid those undertaking Non-Title IX proceedings.
Spodek has had years of experience in defending students facing sexual misconduct allegations and understands how schools work. His expertise gained him his spot specializing in university misconduct cases across the country where he fights hard protecting defendants’ rights ensuring they reach a resolution they deserve.
Understanding how serious sexual misconduct charges are is crucial when it comes to avoiding harsher consequences like suspension or even expulsion. If you’re someone under such accusations, seek professional help immediately with attorneys specializing in University Misconduct Cases while taking full advantage of the rights you have in these cases – this guarantees that they will defend you relentlessly using all means necessary so you get the justice you deserve.