Stony Brook University: Sexual Misconduct and Title IX Defense

Stony Brook University: Sexual Misconduct and Title IX Defense

Protect Your Future: Navigating Sexual Misconduct and Title IX Offenses at Stony Brook University

Stony Brook University, often referred to as the State University of New York (SUNY) at Stony Brook, is a well-known public research university situated in approximately 1,400 acres of land – making it the largest public institution for higher education in New York. The Stony Brook Seawolves compete in Division I of the NCAA, and significantly, there are five Fields Medalists affiliated with the school (a significant mathematics accolade). Receiving admission to such a prestigious institution would not be easy; hence being accused of sexual misconduct or Title IX offenses might shatter one’s future. You are not alone on this challenging path! An expert attorney-advisor is highly recommended to help you navigate through this complex process.

How Does Stony Brook Differentiate Between Title IX Offenses And Sexual Misconducts?

At Stony Brook University, sexual misconduct offenses and procedures differ from Title IX offenses and procedures. There is an explicit distinction between the two types of allegations. Stony Brook has given an overview that clarifies these differences for both students and staff members. According to the Code of Student Responsibility at Stony Brook University, “Sexual misconduct that falls outside the scope of the University’s Title IX policy is prohibited as it violates this Code.” This policy was adopted after a statement made by the Department of Education in May 2020.

Under this new regulation, Title IX only encompasses cases where physical incidents occur on-campus premises or any SBU facility over which SBU has substantial control OR incidents that happen using SBU hardware/software/internet network facilities. Additionally, sexual assault under these regulations must have occurred repeatedly or severely- not just severe or pervasive alone- with a focus now placed on objectively offensive rather than subjective standard involved in sexual misconduct processes.

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The overview illustrates how both types of offense move through the different stages of investigative proceedings, leading up to determination and hearing procedures. It is advisable to review the chart offered by Stony Brook University to familiarize yourself with the variations for each step.

What Are The Possible Sanctions at Stony Brook?

The Review Panel may recommend several potential sanctions to the Vice President of Student Affairs or the Assistant Vice President for Equity and Access for those who are found guilty of sexual misconduct and/or Title IX violations. Some of these options include:
? Warnings (verbal or written)
? Restitution
? Special restrictions in accessing locations within SBU premises or loss of privileges
? Residential probation
? University probation
? University Service & Educational Projects and Programs
? Residential Service & Educational Projects and Programs
? Suspension from Residence Halls
? Expulsion from Residence Halls
? Suspension from the University
? Expulsion from the University
? Restriction from personal contact

Though it seems like Stony Brook offers multiple sanctions, severe offenses usually attract suspension, expulsion or both. Also, under non-consensual sexual intercourse/penetration definition, if a party is culpable, they will receive suspension coupled with additional requirements or outright expulsion (if convicted).

Can College Sexual Misconduct Accusations Have Long-Term Effects?

If found guilty of either Title IX offenses or involving sexual misconduct allegations while studying at Stony Brook University, be aware that there may be long-term consequences other than immediate sanctioning such as short-term suspension or even expulsion. The verdict can negatively affect your chances of transferring to another institution, gain admission into graduate or further academic programs. For instance, it will become difficult to get admitted to law school and medical school, which may also come with heavy financial implications such as possible alteration of financial aid packages.

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How Are Allegations Investigated And Decided Involving College Sexual Misconduct Cases?

To comprehend the investigative and decision-making processes, it’s necessary to re-examine the chart provided by Stony Brook University. In the procedural protocol, it takes approximately 90 calendar days from the date of complaint reception to determine a finding with interim procedures in place. As an accused party or defendant, you will likely be subject to temporary restrictions such as maintaining personal contacts which should not involve your accuser during this period.

Interim suspension options may include:
? Alternate academic scheduling
? Campus restrictions
? Technological restrictions
? Housing restrictions
? Employment restrictions

Note that informal resolutions are solely reserved for sexual misconduct allegations and not Title IX claims. Stony Brook’s Office of Equity and Access may consider mediation; however, this option is dependent on whether officials trust that negotiation (mediation) would help resolve such matters.

During hearing proceedings, some differences exist between Title IX and sexual misconduct cases. For instance, one can waive their right to attend court during sexual misconduct hearings but not for Title IX offenses. It’s noteworthy that lie detector evidence is permissible in Title IX cases while cross-examination rights waiver is not applicable concerning sexual misconduct allegations.

How Can You Appeal If A Verdict Unduly Drains Your Future Opportunities?

In situations where new evidence comes forward or procedural mistakes are discovered within 10 days after receiving a determination notice of a hearing panel’s verdict or when the sanction seems too severe for the offense committed- appealing becomes possible but only for those involved in sexual misconduct cases officially. To initiate an appeal at stony brook university, an applicant must submit a written application within seven days after receiving hearing findings notification. The appeals panel will examine newly presented documents (for first-time appeal only) before providing written feedback regarding the application.

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Choose An Experienced Attorney-Advisor For Your Defence At Stony Brook University

Do not let a false allegation ruin your future! Seek expert legal representation with national experience. Attorney Todd Spodek and team have many successful years of defending students’ rights in cases involving Title IX and sexual misconduct allegations. Reach out to Todd Spodek Law Firm today for expert advice on how you can protect your future. You can call them at 212-300-5196, or simply reach out online for prompt attention and free initial consultation.

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