Why SUNY New Paltz Students Need an Attorney for Title IX Violations
Title IX is a federal law that prohibits sexual misconduct in academic institutions receiving federal funding. If SUNY at New Paltz students face accusations of any form of sexual misconduct, including rape, sexual harassment or assault, they may be accused of Title IX violations which could significantly affect their ability to graduate. This article will discuss SUNY’s disciplinary process and outline why it’s advisable to have an attorney during the Title IX process.
SUNY College Disciplinary Process
Under Title IX, SUNY at New Paltz is required to adjudicate all claims of sexual misconduct reported on campus. The Department of Education urges colleges and universities to handle such cases fairly and promptly; otherwise, the institution risks losing its federal funding. Both complainants (the individual who reports the offense) and respondents (the person accused of sexual misconduct) should understand that SUNY will take these claims very seriously, and expect them to do the same.
Submitting A Complaint
Complaints about sexual misconduct can be submitted verbally or in writing to the school’s Title IX coordinator. Although verbal complaints are allowed, filing comprehensive written documentation is encouraged. The complaint must include as much information as possible about both parties involved including witness names, the precise details of what occurred, where it occurred with evidence such as email messages, text messages or social media interactions.
While there is no statute of limitations regarding filing a complaint related to a claimed incident, complainants are advised to make their claims whenever possible promptly.
Preliminary Meeting
Once you submit your report about a case involving sexual misconduct regarding another student in a dorm hall, you will have access to the Coordinator for Title IX who will offer guidelines on how investigations are typically done at this school level. In line with high compliance regulations outlined by higher education provisions like Sunys institutions and others such as Cornell University (Ithaca, New York) and Cornell College(Mount Vernon, Iowa), the respondent is given a chance to consult with an attorney or choose an advisor. The goal of this meeting is to ensure that both the complainant and respondent have every necessary aspect presented before them before taking on the next legal steps.
The Investigation
Each report made incites an investigation by individuals appointed in SUNYs Title IX office. The investigator assigned to the case overviews both parties’ accounts of what occurred at the college residency halls, fact-finding interviews them as well as any relevant witnesses while providing updates to each of them. This includes maintaining contact with regards to their case status, investigating promptly and compiling any findings about information discovered during this process.
The Hearing
Once investigations are through by the appointed investigator as noted above regarding alleged harassment or sexual violation allegations against each student bringing forth complaints, it proceeds to a hearing stage. A set group of faculty members and staff then review all presented evidence seeking whether or not abuse related acts from one student against another may have taken place as per provided claims – if truly there was a violation; sanctions may be recommended thus confirming guilt for involved students.
Appeals
Within five days after receiving panel leads outcome over formal proceedings conducted against you, as either a complainant or respondent if unhappy with the resulting verdict formulation then appealing via written statement meant for presentation towards appeal officer(s). You should include details that demonstrate grounds for why such results were deemed unfair/offensive individual behavior towards you throughout the course has been malicious rightly contestable by yourself.
New York Title IX Attorney
If you find yourself accused of a Title IX violation in SUNY New Paltz, you have the right to choose anyone capable enough into representing your legal interests during its investigative proceedings. You need a professional equipped depth knowledge regarding testimonies in front of university-based disciplinary councils who will help efficiently see you through developing and implementing strategies useful towards building a solid defense. Dont hesitate to call Todd Spodek for any help you would need in Title IX or other areas: 212-300-5196.
Table: Steps Under the SUNY College Disciplinary Process
SUNY College’s Disciplinary Process
|
Step Name
|
Description of Step Taken
|
|—|—|
|Submitting a Complaint | Formal or informal allegations via written or verbal communication including witness names and detailed evidence relating to sexual harassment |
Preliminary Meeting | Coordinator used as resource; legal representation discussed between either party involved, Complainant or Respondent |
Investigation | Expert investigators gather physical/ documentary evidence regarding the alleged incident; interviews the accused and other relevant witnesses |
Hearing | Determination based on available information data on faculty-staff panel (three-member) verdict|
Appeals | An opportunity that allows both parties a chance at appealing to an appeal officer within five calendar days after this judgment has been officially presented. |
Do not forget! Accused parties may benefit from connecting with professional expertise throughout each proceeding to protect personal gravities.
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