Understand the Title IX Process: A Brief Overview of Mount St. Mary’s University’s Policy
If you have been accused of sexual misconduct, it is essential that you familiarize yourself with the processes that you will undergo because of these allegations to ensure a fair outcome in your case. For this article, we provide a brief overview of Mount St. Mary’s University’s Title IX Policy.
Title IX Process Overview
Mount St. Mary’s University aims to resolve all Title IX complaints promptly within 60 business days, but this timeline may extend depending on unique circumstances.
Filing a Complaint
During the Title IX process, campus officials and the Title IX coordinator refer to those involved as “complainant” or “respondent.” If an individual identifies as a victim/survivor, they are referred to as a complainant. In contrast, the school can take on the role of complainant in some cases. Since you are facing allegations of misconduct, you will be labeled as the respondent.
All members of the university community are strongly encouraged to report any instances of behavior related to sexual misconduct – this includes incidents they witness or experience themselves – via various approaches available at Mount St. Mary’s University. Campus employees ?responsible employees?- have mandatory reporting obligations to the school if they see or hear anything concerning sexual misconduct behaviors; failing in their obligation has consequences that may impact their employment status.
Once an alleged misconduct incident is reported via any means outlined by Mount St. Marys University policies and procedures, prompt action is initiated under Title IX Regulations.
When notified about alleged misconduct allegations against a respondent who is already aware of them preventing retaliation must be topmost priority for the Title IX Coordinator coordinating custody or releasing orders while findings are underway may include:
Alternative work arrangements
Adjustments inside academic deadlines; i.e., course schedules
Implementing no-contact order(s) between parties
Temporary leave of absence accommodations, among others.
The Title IX Coordinator initiates a preliminary investigation by reaching out to the complainant and discussing their account of events. Based on this conversation, certain defined factors, such as age group and existence or history of violence or weapons usage, are then evaluated by the coordinator when deciding whether or not the process should continue.
This stage is more in detail-intensive. It allows further evidence-gathering from both parties (the complainant and respondent) involved and other witnesses, all intended to gather enough evidence before determining whether there will be sufficient evidence for continuing with a hearing.
Both sides (complainant and respondent) are allowed to tell their account of the story. The presentation involves bringing up pieces of evidence that support each claim; cross-examination can happen in some situations.
The determination of responsibility entailing applying preponderance-of-evidence standards, private deliberations in closed sessions make it.
If a defendant is unhappy with determinations or sanctions levied upon them according to Mount St Mary’s University Title IX policy, they have three-five days after notification to file an appeal making the following grounds:
Procedural error leading to significant impacts
Newly available evidence
Mismatch between severity level for a violation and imposed sanctions
Title IX Advisor
Through such emotional turmoil charged times as this period presents finding & connecting with an experienced Attorney like Todd Spodek is critical. He can help guide you through procedures and presenting your case efficiently to ensure a positive outcome. Having been successful in helping countless students navigate these hearings over almost ten years passionately fighting for his clients’ legal rights at institutions throughout the whole country deftly separating himself from those who just seek an easy outcome without genuinely engaging against students best interests always being first. A licensed Attorney in Pennsylvania and New Jersey who is admitted to practice pro hac vice in federal district and state courtrooms as-well-as serving as a Title IX advisor to collegiate students inclusive of Maryland, he defends his clients’ future with vigor. Let Todd Spodek help you to safeguard your interests – Schedule a consultation now!
The table below contains some essential terms used in Title IX coordination.
|Title IX Coordinator||The school official responsible for overseeing Title IX compliance and handling reports of all forms of sex-based discrimination.|
|Complainant||The individual who reported that they were subjected to sex-based discrimination, including harassment or assault.|
|Respondent/ Accused Student||The person accused of sex-based harassment or assault/violation under the schools code of conduct policy.|
|Title IX Reporting Party/Responsible Employee|
|A designated official obligated by law and MSU Community Collection to report Complaints promptly
Otherwise, face disciplinary action while protecting confidentiality unless required primarily by law.
|Title IX Advisory Assistance||This entails either any person trained on issues of sexual harassment and misconduct or an attorney dedicated explicitly to ensuring that the rights of the parties involved are protected during the process whatsoever.|
If accused go ahead & plan on consulting an experienced defense attorney like Todd Spodek to safeguard your rights through supportive measures, involvement in hearings and working towards a favorable outcome for you.