Why SUNY Cobleskill Students Need a New York Title IX Attorney-Advisor if Accused of Sexual Misconduct
Title IX is a federal law that forbids sexual misconduct, including rape and sexual harassment, in colleges and universities funded by the federal government. If you attend SUNY College of Agriculture and Technology at Cobleskill or any other institution that receives federal funding, being accused of sexual misconduct could have serious consequences for your future. Your school would be obliged to investigate the allegations according to its own policies that should comply with Title IX.
It’s important to understand the process your school will use when dealing with accusations of sexual misconduct. You’ll also need to know why it’s always advisable to have an attorney-advisor throughout the proceedings, especially once you learn about the potential repercussions for those found “responsible” for such behavior.
How SUNY Cobleskill Deals With Cases of Sexual Misconduct
In compliance with Title IX, SUNY College of Agriculture and Technology at Cobleskill must promptly and impartially adjudicate all reports or complaints received regarding possible sexual misconduct. The Department of Education requires schools to respond in an equitable manner; otherwise, they risk losing their federal funding.
Disciplinary Complaints and Filing Procedures
If you’ve suffered from or witnessed any form of sexual misconduct while attending your school, it is within your right to file a complaint. You can either put it in writing or submit verbal complaints directly to the Affirmative Action Officer (AAO), who has a duty to respond as soon as reasonably practicable toward each allegation.
Your complaint should include relevant details such as:
– Both parties’ names along with local and permanent addresses
– A detailed explanation of what happened along with specific acts alleged against the respondent
– Your desired remedial measures
– Date submitted and signature
Although verbal complaints are accepted, the college prefers written ones, which must be lodged within 180 calendar days after the alleged incident.
Once a complaint has been filed, the Title IX Coordinator will determine if there is a need to commence formal investigations. In other words, they question if particular allegations, if valid, would have infringed the institution’s regulations regarding prohibited sexual behavior.
The Investigation Process
If deemed necessary, an investigation begins promptly following receipt of reports of sexual misconduct. The assigned Title IX investigators might engage in activities such as:
– Selecting an investigator/coordinator
– Alerting all involved parties that are known about the upcoming inquiry
– Meeting with the plaintiff and respondent to collect evidence on both sides
– Finally arriving at a decision that indicates whether or not the accused respondent holds any responsibility for the alleged misconduct
The complainant and respondent (provided they are faculty members, employees, or students) have appeal rights based on dissatisfaction with penalties imposed due to their violation(s), or absence of such findings. However there are specific criteria required for appealing decisions.
– If there has been a procedural error during processes that impacted inquiries’ outcomes significantly,
– During the initial investigation, new information emerges that affects outcomes but wasn’t previously available.
– Sanctions given were too extreme (appeal filed by respondent) or unduly lenient (complainants appeal).
Do You Need a New York Title IX Attorney?
When accused of sexual misconduct at SUNY Cobleskill or elsewhere, you’re permitted to choose someone like attorney Todd Spodek to be your advisor in Title IX proceedings. It’d be in your best interests to get an experienced lawyer who can help guide you through each stage while constructing robust arguments from available proof for defense purposes.
Whether or not you feel responsible for something, it’s always advisable to hire a skilled legal professional who can fight for your rights, provide valuable support and counsel throughout these challenging times. Contact Todd Spodek today on (888) 535-3686.