Waynesburg University takes a firm stance on Sexual Misconduct
At Waynesburg University, the administration recognizes the severity of sexual misconduct cases among the student body. Thus, they have established a policy against sexual misconduct, which is enforced by the University’s Title IX Office. This policy enforces strict disciplinary measures for students who commit such violations.
Process for Sexual Misconduct Allegations
The process begins with a student filing a report with a University official that details the sexual misconduct incident. The Title IX Office then reviews the report to determine if it warrants disciplinary action under the University’s sexual misconduct policy. Throughout the proceedings, the complainant is referred to as the “complainant,” and the accused student is referred to as the “accused.”
The University provides the option of resolving sexual misconduct incidents through an informal process, which is not applicable to cases involving sexual violence or assault. If an incident cannot be resolved informally, the University will initiate a formal investigation. In situations where a student poses a threat to the entire University community, the University may take interim measures such as housing changes or temporary suspension.
Formal Investigation Process
The Title IX Coordinator will appoint investigators to handle the case. The investigators will meet with both parties and provide opportunities for them to present their evidence and suggest witnesses for the case. Throughout the investigation, both parties will be given equal opportunities to respond to the other’s evidence. Meetings with investigators will be conducted separately.
After the investigative phase is concluded, the Title IX Coordinator will determine whether or not to move the case forward to a formal hearing.
Formal Hearing
Before the hearing is convened, both parties will have access to the information from the investigation. A moderator will be assigned by the Title IX Coordinator to conduct the hearing. The hearing panel will consist of three individuals selected by the Coordinator. The panel members will have the right to question witnesses presented at the hearing, while both parties may make statements to the panel. However, neither party may question the other directly. The panel will render a decision based on the standard of “a preponderance of evidence.”
It is crucial to note that students may be accompanied by a supporting individual at the hearing. Still, if criminal charges are involved, this person can only be an attorney. Sexual misconduct allegations, even without criminal charges, can have lasting implications for a student’s academic and professional life. A finding of responsibility can harm a student’s reputation and impede their future goals. Therefore, it is essential to retain the services of an attorney who can help protect their rights throughout the investigative and disciplinary process and prepare them for their hearing.
Appeals Process
If the student is unhappy with the hearing’s outcome, they have the right to appeal. Appeals must be submitted within five (5) business days following the hearing. The grounds for appeal include a claim that University procedure was not followed or that the decision was arbitrary and capricious.
At Spodek Law Group, Attorney Todd Spodek and his team of experienced lawyers can assist you with legal matters related to Title IX investigations and hearings. Our firm has the necessary skills and knowledge to ensure that your rights are protected and that you receive fair treatment. We understand that sexual misconduct allegations can be emotionally charged and have far-reaching implications. Our attorneys will work tirelessly to ensure that your case is resolved in the best possible way.
Let us help you get the justice you deserve. Contact Spodek Law Group today to schedule a consultation with one of our experienced attorneys.