New York Title IX Defense Lawyers For The Accused

New York Title IX Defense Lawyers For The Accused2018-09-21T15:57:15+00:00

If you or your child has been accused of sexual misconduct on a college campus, you may be worried about how the disciplinary process will play out and what the consequences may be. Students in this situation often wonder:

  • How can I prove that I’m innocent?
  • What happens in a disciplinary hearing?
  • What are the penalties if I’m found responsible?
  • Could I be arrested?
  • Do I need a lawyer?

Our New York Title IX defense lawyers can help you prepare for your disciplinary hearing.

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In the past few years, there has been growing media attention about the problem of sexual assault on college campuses. Included in this discussion has been the debate over how Title IX handles accusations of sexual misconduct between university students. Previous applications of this federal law encouraged schools to hold disciplinary hearings and make decisions within a short 60-day window, which critics argued was a denial of due process for the accused. While this window has now been waived, students accused of sexual misconduct are often denied the same rights they would have when charged with a criminal offense.

If you’ve been accused of sexual misconduct and are facing a disciplinary hearing at your university, it’s important to be aware of your legal rights. While the punishments for being found responsible may be severe, you can prove yourself not guilty with the help of an experienced New York Title IX defense lawyer.

Requirements For Federally-Funded Universities

Title IX requires all federally funded colleges and universities to adhere to several guidelines when responding to complaints of sexual misconduct:

  • Appoint and publicly identify a designated Title IX coordinator
  • Publish a policy which prohibits discrimination based on sex or gender
  • Have grievance procedures in place
  • Investigate all complaints
  • Provide victims with support systems like counseling

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Changes Under The “Dear Colleague Letter”

In September 2017, the Department of Education (DOE) updated some Title IX requirements. While the guidelines in the section above are still in place, these new changes are in response to criticisms that Title IX procedures were previously unfair to the accused. Specifically, critics argued that the law rushed universities to make rulings within 60 days of complaints. This meant that some students could be denied their right to due process, as they may not have enough time to find legal counsel and gather evidence that could prove their innocence.

This “Dear Colleague Letter” waives that 60-day time limit. It also requires universities to provide students accused of sexual misconduct with written notice of the investigation, including details of the alleged incident. Schools must also allow accused students sufficient time to gather evidence to present in a disciplinary hearing.

New York’s “Enough Is Enough” Law

In 2015, New York Governor Andrew Cuomo signed a law which updated the statewide requirements for cases of alleged university campus sexual assault. This law extended the policies already instituted at SUNY campuses to all other campuses in the state.

The Enough Is Enough law requires all private universities in New York to adopt or institute:

  • A uniform definition of affirmative consent (only yes means yes) – a knowing, voluntary, and mutual decision among all participants to engage in sexual students working in libraryactivity;
  • An amnesty policy, protecting students who report sexual violence from punishment for certain other violations (like drugs and alcohol use)
  • A Students’ Bill of Rights distributed to all students, which informs victims of sexual violence of their legal rights and resources available to them
  • Training requirements for administrators, staff, and students
  • Reporting requirements for universities to submit data on reported incidents of sexual assault to the State Education Department

Additional new policies included in this law:

  • A new “sexual assault victims unit” within the State Police, which focuses on advanced training in how to respond to sexual violence. Campus police, local law enforcement, and college campus communities may also be included in this training.
  • $10 million allocated to combatting campus sexual assault – $4.5 million to rape crisis centers, $4.5 million to the State Police for a sexual assault victims’ unit, and $1 million to colleges and universities
  • First responders are required to notify victims of their right to contact outside law enforcement

Penalties For University Sexual Misconduct

The punishments for students found responsible for sexual misconduct vary between schools. However, in 2015, New York became the second state to require universities to notate on transcripts when a student has been suspended or expelled for sexual misconduct. Even if the student leaves the university before completing the disciplinary process, their transcript will still be marked as “withdrew with conduct charges pending.”

This means that an unfavorable ruling in a disciplinary hearing may prevent students accused of sexual misconduct from finding work after graduation. It’s hard to imagine any employer looking past a mark for a sexual misconduct violation. This is why it’s extremely important for accused students to speak with a lawyer who specializes in Title IX sexual misconduct defense.

Is It Necessary To Have A Lawyer For My Hearing?

If you’ve been accused of sexual misconduct and are facing disciplinary action from your university, you must take this situation extremely seriously. Some students may not realize that disciplinary penalties levied by a university can have some of the same consequences as a conviction for a criminal sexual offense – including limiting your ability to find work after school.  Although the Dear Colleague Letter has made some changes which protect the rights of the accused, you’re still facing an uphill legal battle if you try to fight these claims on your own.

Like a criminal trial, you have the right to legal representation throughout the disciplinary process. Our experienced New York Title IX defense lawyers can investigate the details of the accusations made against you, gather evidence on your behalf, and present effective arguments for proving your innocence in the hearing. Additionally, we can offer you a criminal defense if you do face criminal charges. To find out more about your legal rights after being accused of sexual misconduct, get in touch with us today for a free consultation.

Offering Title IX Defense In All New York Colleges & Universities

 
College Location
Adelphi University Garden City, New York
Adirondack Community College Queensbury, New York
Albany College of Pharmacy and Health Sciences Albany, New York
Alfred University Alfred, New York
American Academy McAllister Institute of Funeral Service New York, New York
American Academy of Dramatic Arts New York New York, New York
American Musical and Dramatic Academy New York, New York
ASA Institute of Business and Computer Technology Brooklyn, New York
Bais Medrash Elyon Monsey, New York
Bard College Annandale-On-Hudson, New York
Barnard College New York, New York
Beis Medrash Heichal Dovid Far Rockaway, New York
Berkeley College New York New York, New York
Beth Hamedrash Shaarei Yosher Institute Brooklyn, New York
Beth Hatalmud Rabbinical College Brooklyn, New York
Boricua College New York, New York
Bramson ORT College Forest Hills, New York
Briarcliffe College Bethpage, New York
Broome Community College Binghamton, New York
Bryant and Stratton College Albany Albany, New York
Bryant and Stratton College Amherst Getzville, New York
Bryant and Stratton College Buffalo Buffalo, New York
Bryant and Stratton College Greece Rochester, New York
Bryant and Stratton College Henrietta Rochester, New York
Bryant and Stratton College Main Syracuse Syracuse, New York
Bryant and Stratton College Southtowns Orchard Park, New York
Bryant and Stratton College Syracuse North Liverpool, New York
Business Informatics Center Inc Valley Stream, New York
Canisius College Buffalo, New York
Cayuga County Community College Auburn, New York
Cazenovia College Cazenovia, New York
Central Yeshiva Tomchei Tmimim Lubavitz Brooklyn, New York
Clarkson University Potsdam, New York
Clinton Community College Plattsburgh, New York
Colgate University Hamilton, New York
College of Mount Saint Vincent Bronx, New York
Columbia University in the City of New York New York, New York
Columbia Greene Community College Hudson, New York
Concordia College New York Bronxville, New York
Cooper Union for the Advancement of Science and Art New York, New York
Cornell University Ithaca, New York
Corning Community College Corning, New York
Crouse Hospital College of Nursing Syracuse, New York
Culinary Institute of America Hyde Park, New York
CUNY Bernard M Baruch College New York, New York
CUNY Borough of Manhattan Community College New York, New York
CUNY Bronx Community College Bronx, New York
CUNY Brooklyn College Brooklyn, New York
CUNY City College New York, New York
CUNY College of Staten Island Staten Island, New York
CUNY Graduate School and University Center New York, New York
CUNY Hostos Community College Bronx, New York
CUNY Hunter College New York, New York
CUNY John Jay College of Criminal Justice New York, New York
CUNY Kingsborough Community College Brooklyn, New York
CUNY LaGuardia Community College Long Island City, New York
CUNY Lehman College Bronx, New York
CUNY Medgar Evers College Brooklyn, New York
CUNY New York City College of Technology Brooklyn, New York
CUNY Queens College Flushing, New York
CUNY Queensborough Community College Bayside, New York
CUNY York College Jamaica, New York
D’Youville College Buffalo, New York
Daemen College Amherst, New York
Davis College Johnson City, New York
DeVry College of New York New York, New York
Dominican College of Blauvelt Orangeburg, New York
Dowling College Oakdale, New York
Dutchess Community College Poughkeepsie, New York
Ellis School of Nursing Schenectady, New York
Elmira Business Institute Elmira, New York
Elmira College Elmira, New York
Erie Community College Buffalo, New York
Everest Institute Rochester Rochester, New York
Farmingdale State College Farmingdale, New York
Fashion Institute of Technology New York, New York
Finger Lakes Community College Canandaigua, New York
Five Towns College Dix Hills, New York
Fordham University Bronx, New York
Fulton Montgomery Community College Johnstown, New York
Genesee Community College Batavia, New York
Globe Institute of Technology New York, New York
Hamilton College Clinton, New York
Hartwick College Oneonta, New York
Herkimer County Community College Herkimer, New York
Hilbert College Hamburg, New York
Hobart William Smith Colleges Geneva, New York
Hofstra University Hempstead, New York
Houghton College Houghton, New York
Hudson Valley Community College Troy, New York
Institute of Design and Construction Brooklyn, New York
Iona College New Rochelle, New York
Island Drafting and Technical Institute Amityville, New York
Ithaca College Ithaca, New York
ITT Technical Institute Albany Albany, New York
ITT Technical Institute Getzville Getzville, New York
ITT Technical Institute Liverpool Liverpool, New York
Jamestown Business College Jamestown, New York
Jamestown Community College Jamestown, New York
Jefferson Community College Watertown, New York
Jewish Theological Seminary of America New York, New York
Kehilath Yakov Rabbinical Seminary Ossining, New York
Keuka College Keuka Park, New York
Kol Yaakov Torah Center Monsey, New York
Le Moyne College Syracuse, New York
LIM College New York, New York
Long Island Business Institute Flushing, New York
Long Island University Brooklyn Campus Brooklyn, New York
Long Island University C W Post Campus Brookville, New York
Machzikei Hadath Rabbinical College Brooklyn, New York
Mandl The College of Allied Health New York, New York
Manhattan College Riverdale, New York
Manhattan School of Music New York, New York
Manhattanville College Purchase, New York
Maria College of Albany Albany, New York
Marist College Poughkeepsie, New York
Marymount Manhattan College New York, New York
Medaille College Buffalo, New York
Memorial Hospital School of Nursing Albany, New York
Mercy College Dobbs Ferry, New York
Mesivta of Eastern Parkway Yeshiva Zichron Meilech Brooklyn, New York
Mesivta Torah Vodaath Rabbinical Seminary Brooklyn, New York
Mesivtha Tifereth Jerusalem of America New York, New York
Metropolitan College of New York New York, New York
Mildred Elley School Albany Campus Albany, New York
Mirrer Yeshiva Cent Institute Brooklyn, New York
Mohawk Valley Community College Utica Branch Utica, New York
Molloy College Rockville Centre, New York
Monroe College Main Campus Bronx, New York
Monroe College New Rochelle New Rochelle, New York
Monroe Community College Rochester, New York
Morrisville State College Morrisville, New York
Mount Saint Mary College Newburgh, New York
Nassau Community College Garden City, New York
Nazareth College Rochester, New York
New York Career Institute New York, New York
New York College of Health Professions Syosset, New York
New York Institute of Technology Old Westbury, New York
New York School of Interior Design New York, New York
New York University New York, New York
Niagara County Community College Sanborn, New York
Niagara University Niagara University, New York
North Country Community College Saranac Lake, New York
Nyack College Nyack, New York
Ohr Hameir Theological Seminary Peekskill, New York
Olean Business Institute Olean, New York
Onondaga Community College Syracuse, New York
Orange County Community College Middletown, New York
Pace University New York New York, New York
Pacific College of Oriental Medicine New York New York, New York
Paul Smiths College of Arts and Science Paul Smiths, New York
Phillips Beth Israel School of Nursing New York, New York
Plaza College Jackson Heights, New York
Polytechnic Institute of New York University Brooklyn, New York
Pratt Institute Main Brooklyn, New York
Professional Business College New York, New York
Rabbinical Academy Mesivta Rabbi Chaim Berlin Brooklyn, New York
Rabbinical College Beth Shraga Monsey, New York
Rabbinical College Bobover Yeshiva Bnei Zion Brooklyn, New York
Rabbinical College of Ch’san Sofer New York Brooklyn, New York
Rabbinical College of Long Island Long Beach, New York
Rabbinical College of Ohr Shimon Yisroel Brooklyn, New York
Rabbinical Seminary M’kor Chaim Brooklyn, New York
Rabbinical Seminary of America Flushing, New York
Rensselaer Polytechnic Institute Troy, New York
Roberts Wesleyan College Rochester, New York
Rochester Institute of Technology Rochester, New York
Rockland Community College Suffern, New York
Saint Bonaventure University Saint Bonaventure, New York
Saint Elizabeth College of Nursing Utica, New York
Saint John Fisher College Rochester, New York
Saint Joseph’s College New York Brooklyn, New York
Saint Thomas Aquinas College Sparkill, New York
Samaritan Hospital School of Nursing Troy, New York
Sarah Lawrence College Bronxville, New York
SBI Campus An Affiliate of Sanford Brown Melville, New York
Schenectady County Community College Schenectady, New York
School of Visual Arts New York, New York
Sh’or Yoshuv Rabbinical College Lawrence, New York
Siena College Loudonville, New York
Simmons Institute of Funeral Service Inc Syracuse, New York
Skidmore College Saratoga Springs, New York
St John’s University New York Queens, New York
St Joseph’s College of Nursing at St Joseph’s Hospital Health Center Syracuse, New York
St Lawrence University Canton, New York
St Paul’s School of Nursing Queens Flushing, New York
St Paul’s School of Nursing Staten Island Staten Island, New York
St. Francis College Brooklyn Heights, New York
State University of New York at New Paltz New Paltz, New York
Stony Brook University Stony Brook, New York
Suffolk County Community College Selden, New York
Sullivan County Community College Loch Sheldrake, New York
SUNY at Albany Albany, New York
SUNY at Binghamton Vestal, New York
SUNY at Fredonia Fredonia, New York
SUNY at Geneseo Geneseo, New York
SUNY at Purchase College Purchase, New York
SUNY College at Brockport Brockport, New York
SUNY College at Buffalo Buffalo, New York
SUNY College at Cortland Cortland, New York
SUNY College at Old Westbury Old Westbury, New York
SUNY College at Oneonta Oneonta, New York
SUNY College at Oswego Oswego, New York
SUNY College at Plattsburgh Plattsburgh, New York
SUNY College at Potsdam Potsdam, New York
SUNY College of Agriculture and Technology at Cobleskill Cobleskill, New York
SUNY College of Environmental Science and Forestry Syracuse, New York
SUNY College of Technology at Alfred Alfred, New York
SUNY College of Technology at Canton Canton, New York
SUNY College of Technology at Delhi Delhi, New York
SUNY Empire State College Saratoga Springs, New York
SUNY Institute of Technology at Utica Rome Utica, New York
SUNY Maritime College Throggs Neck, New York
SUNY Westchester Community College Valhalla, New York
Swedish Institute a College of Health Sciences New York, New York
Syracuse University Syracuse, New York
Talmudical Institute of Upstate New York Rochester, New York
Talmudical Seminary of Bobov Brooklyn, New York
Talmudical Seminary Oholei Torah Brooklyn, New York
TCI College New York, New York
The Art Institute of New York City New York, New York
The College of New Rochelle New Rochelle, New York
The College of Saint Rose Albany, New York
The College of Westchester White Plains, New York
The Juilliard School New York, New York
The King?s College New York, New York
The New School New York, New York
The Sage Colleges Troy, New York
Tompkins Cortland Community College Dryden, New York
Torah Temimah Talmudical Seminary Brooklyn, New York
Touro College New York, New York
Trocaire College Buffalo, New York
Ulster County Community College Stone Ridge, New York
Union College Schenectady, New York
United States Military Academy West Point, New York
United Talmudical Seminary Brooklyn, New York
University at Buffalo Buffalo, New York
University of Rochester Rochester, New York
Uta Mesivta of Kiryas Joel Monroe, New York
Utica College Utica, New York
Utica School of Commerce Utica, New York
Vassar College Poughkeepsie, New York
Vaughn College of Aeronautics and Technology Flushing, New York
Villa Maria College Buffalo, New York
Wagner College Staten Island, New York
Wells College Aurora, New York
Wood Tobe Coburn School New York, New York
Yeshiva D’monsey Rabbinical College Monsey, New York
Yeshiva Derech Chaim Brooklyn, New York
Yeshiva Gedolah Imrei Yosef D’spinka Brooklyn, New York
Yeshiva Karlin Stolin Brooklyn, New York
Yeshiva of Machzikai Hadas Brooklyn, New York
Yeshiva of Nitra Rabbinical College Mount Kisco, New York
Yeshiva of the Telshe Alumni Riverdale, New York
Yeshiva Shaar Hatorah Kew Gardens, New York
Yeshiva Shaarei Torah of Rockland Suffern, New York
Yeshiva University New York, New York
Yeshivas Novominsk Brooklyn, New York
Yeshivat Mikdash Melech Brooklyn, New York
Yeshivath Viznitz Monsey, New York
Yeshivath Zichron Moshe South Fallsburgh, New York

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