Why You Need an Attorney-Advisor in Your CUNY Graduate School Title IX Case
Title IX is a federal law that prohibits sexual misconduct at colleges and universities receiving federal funding. If someone accuses you of sexual assault or harassment, rape, or other forms of sexual misconduct at CUNY Graduate School and University Center, it constitutes a violation of Title IX. The school must resolve the accusation properly, and if found responsible, you may face significant consequences endangering your degree path.
This article outlines CUNY Graduate School and University Center’s disciplinary process when handling such complaints. Besides, it elaborates on why you need an attorney-advisor to navigate the situation successfully.
Filing a Complaint at CUNY Graduate School
Any student who experiences sexual misconduct should file their complaint with one of the following campus officials/offices:
– Title IX Coordinator,
– Office of Public Safety,
– Office of the Vice President for Student Affairs and/or Dean of Students,
– Residence Life Staff in CUNY owned or operated housing (involving Resident Assistants).
As per jurisprudence guiding Title IX administration provisions, Higher Education institutions must respond “promptly” to any allegations brought forth about Sexual Violence/Harassment. Universities failing to do so risk losing their federal funding; hence while officiating these cases authorities prioritize impartiality.
The primary responsibility to oversee each investigation lies with the college’s respective Title IX Coordinator. Once initiated through any aforementioned channel of reporting given by complainants above, both parties will be made aware of each other as well as relevant details surrounding the investigations.
After completing the investigation, the coordinator reports findings in writing to College Presidents who shall review these reports before authorizing recommended actions. If there is a written complaint, coordinators will provide respondents (accused) copies unless circumstances suggest otherwise.
Decisions on any violations emanating from evidence gathered through investigation procedures will mainly rely on the preponderance of such evidence – either “Not responsible” or “Responsible.” The panel shall recommend sanctions that follow Title IX policy, specifically preventing similar violations henceforth.
Either party may file an appeal to overrule the decision and/or its recommended actions. Parties filing appeals have five business days from determination or sanction announcement to do so.
Grounds for appeals limitedly cater to:
– Procedural errors capable of impacting decisions made
– Newly Discovered information/material supporting the original claim that could not have been found during proceedings through diligence
– Sanctions imposed are either too harsh or not sufficient.
New York Title IX Attorney
If you happen to be one accused of contravening CUNY Graduate School’s guidelines, consult the best legal representation available as your advisor. It would help if you chose an attorney who fully understands how Sexual Misconduct processes work within CUNY Graduate School and University Center’s jurisdiction. Lawyer Todd Spodek brings both his wealth of experience and legal skills successfully defending students in his extensive career specializing in advocating on behalf of students. Please contact him today at 212-300-5196 for professional assistance.`