Why You Need an Attorney If Accused of Sexual Misconduct at CUNY York College
Title IX of the Education Amendments is a federal law that prohibits sexual misconduct in federally funded colleges and universities. Consequently, accusing someone of sexual harassment, assault, rape or any other form of sexual misconduct at CUNY York College is a Title IX violation your school must resolve. The consequences are disturbing when found responsible for this conduct because they could jeopardize your plans to graduate.
In the following article, we will discuss CUNY York College’s disciplinary process and why you need an attorney-advisor if you find yourself accused.
CUNY York College’s Disciplinary Process
Title IX mandates that CUNY York College should adjudicate all cases of sexual misconduct that come to its attention promptly and equitably. In fact, should they fail to do so, their federal funding is at stake as per the Department of Education’s regulations. It is imperative for both parties: complainants (the reporter of the complaint) and respondents (the accused) to understand their case’s seriousness.
Reporting Sexual Misconduct to the College
The college has provided various reporting channels available to students and visitors who can report incidents regarding sexual harassment. These include:
– Title IX Coordinator – who ensures compliance with university policy regarding sex discrimination.
– Office of Public Safety – which provides security services on campus.
– Office of the Vice President for Student Affairs or Dean of Students; only students are allowed.
– Residence Life staff in CUNY-owned or operated housing facilities; open to students and residence visitors only.
– Human Resources Director – employees only.
Investigating Complaints of Sexual Misconduct
The Title IX Coordinator shall be accountable for leading any investigations impartially, swiftly and thoroughly with appropriately trained administrators conducting them where necessary. The coordinator will accomplish this by:
– Coordinating investigative efforts accordingly.
– Informing complainants about the investigation’s commencement and the respondent about a written summary of the allegations.
– Asking questions from witnesses they believe could have relevant information to the incident, reviewing evidence, and documents. It is important to note that both complainants and respondents have the right to supply relevant documents.
Once an investigation is concluded, the Title IX Coordinator will provide his/her findings in writing to the College President for review. The college president will then authorize any action deemed necessary to address the raised issues resulting from the findings.
Either party involved can contest decisions made by filing appeals against determinations and/or sanctions. Grounds for appeal should be based on:
– Demonstrable procedural error that directly affected the outcome.
– New evidence exposing direct impacts on outcomes hitherto unknown even if realized by a properly diligent person before or during ruling proceedings.
– Unfair sanctions – either too mild or severe.
Students are allotted five business days after receiving their determination to file an appeal.
New York Title IX Attorney
When accused of sexual misconduct at CUNY York College, you may choose anyone as an advisor in the settlement process. It would be highly appropriate to select an attorney conversant with Title IX guidelines since they can help with efficient navigation through this process and build a solid defense strategy for you. You can contact Todd.Spodek’s attorneys today at 212-300-5196 if you need assistance anywhere in New York.