Why You Need a Title IX Attorney-Advisor If Accused of Sexual Misconduct at CUNY Lehman College
Title IX is a federal law designed to prevent sexual misconduct in federally funded colleges and universities, including CUNY Lehman College. Any accusation of rape, sexual assault, or any other form of sexual misconduct is a violation of Title IX that requires resolution by the school. Disciplinary action can be taken if found “responsible” for such conduct, which can negatively impact graduation plans. This article will focus on the disciplinary process followed by CUNY Lehman College and why an attorney-advisor is necessary in this situation.
The Disciplinary Process
CUNY Lehman College must adhere to Title IX’s regulations and adjudicate any complaints of sexual misconduct brought before the institution. The Department of Education demands that compliant higher education institutions respond promptly and impartially to these accusations. Institutions risk their federal funding if they fail to do so.
Both complainants (the reporter) and respondents (the accused) need to comprehend that their case will be handled with utmost seriousness. The Title IX Coordinator will investigate the complaint thoroughly and impartially; hence both parties must follow suit.
Reporting To The College
Victims are urged to report incidentssexual harassment, gender-based harassment, or sexual violenceto relevant parties like the Title IX Coordinator, Office of Public Safety, Vice President for Student Affairs/Dean of Students’ Office, or Residence Life Staff.
A comprehensive description outlining relevant persons (victims/reporter), witnesses names, mode/dates/timing/place where event(s) occurred should characterize any complaints filed. Relevant correspondence evidence such as emails, text messages or social media posts should also support cases brought forward.
Investigating Complaints Of Sexual Misconduct
Investigators should conduct investigations promptly and impartially after receiving reports from victims through appropriate channels outlined above. Investigations conducted includes interviews with complainants/reporter/accused/respondents/witnesses, among other things.
After completion of the investigation, findings should be documented in writing by the Title IX Coordinator who reports to the College President for administration. The president would then review investigative reports and authorize any action deemed fit to address the issue raised by the findings.
Any party involved in a Title IX case may file an appeal to overrule determination and/or sanction(s). Complaints seeking appeals must meet conditions as stated below:
Procedural error occurred that has a direct impact on the outcome.
New evidence came to light that has a direct impact on the outcome which could not have been discovered earlier.
The sanction is too severe or not severe enough.
Students have five business days from receipt of the determination document before filing an appeal.
New York Title IX Attorney
Anyone accused of sexual misconduct at CUNY Lehman College during the Title IX process can choose anyone as their adviser, choosing an attorney will provide more effective navigation of this rigorous process. If you find yourself in a situation that requires legal guidance through dealing with such issues, contact attorney Todd Spodek today via 212-300-5196. Hiring an attorney-advisor comes with many advantages, including providing guidance through discipline proceedings and ensuring your rights are protected throughout this challenging time.