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

 
CollegeLocation
Adelphi UniversityGarden City, New York
Adirondack Community CollegeQueensbury, New York
Albany College of Pharmacy and Health SciencesAlbany, New York
Alfred UniversityAlfred, New York
American Academy McAllister Institute of Funeral ServiceNew York, New York
American Academy of Dramatic Arts New YorkNew York, New York
American Musical and Dramatic AcademyNew York, New York
ASA Institute of Business and Computer TechnologyBrooklyn, New York
Bais Medrash ElyonMonsey, New York
Bard CollegeAnnandale-On-Hudson, New York
Barnard CollegeNew York, New York
Beis Medrash Heichal DovidFar Rockaway, New York
Berkeley College New YorkNew York, New York
Beth Hamedrash Shaarei Yosher InstituteBrooklyn, New York
Beth Hatalmud Rabbinical CollegeBrooklyn, New York
Boricua CollegeNew York, New York
Bramson ORT CollegeForest Hills, New York
Briarcliffe CollegeBethpage, New York
Broome Community CollegeBinghamton, New York
Bryant and Stratton College AlbanyAlbany, New York
Bryant and Stratton College AmherstGetzville, New York
Bryant and Stratton College BuffaloBuffalo, New York
Bryant and Stratton College GreeceRochester, New York
Bryant and Stratton College HenriettaRochester, New York
Bryant and Stratton College Main SyracuseSyracuse, New York
Bryant and Stratton College SouthtownsOrchard Park, New York
Bryant and Stratton College Syracuse NorthLiverpool, New York
Business Informatics Center IncValley Stream, New York
Canisius CollegeBuffalo, New York
Cayuga County Community CollegeAuburn, New York
Cazenovia CollegeCazenovia, New York
Central Yeshiva Tomchei Tmimim LubavitzBrooklyn, New York
Clarkson UniversityPotsdam, New York
Clinton Community CollegePlattsburgh, New York
Colgate UniversityHamilton, New York
College of Mount Saint VincentBronx, New York
Columbia University in the City of New YorkNew York, New York
Columbia Greene Community CollegeHudson, New York
Concordia College New YorkBronxville, New York
Cooper Union for the Advancement of Science and ArtNew York, New York
Cornell UniversityIthaca, New York
Corning Community CollegeCorning, New York
Crouse Hospital College of NursingSyracuse, New York
Culinary Institute of AmericaHyde Park, New York
CUNY Bernard M Baruch CollegeNew York, New York
CUNY Borough of Manhattan Community CollegeNew York, New York
CUNY Bronx Community CollegeBronx, New York
CUNY Brooklyn CollegeBrooklyn, New York
CUNY City CollegeNew York, New York
CUNY College of Staten IslandStaten Island, New York
CUNY Graduate School and University CenterNew York, New York
CUNY Hostos Community CollegeBronx, New York
CUNY Hunter CollegeNew York, New York
CUNY John Jay College of Criminal JusticeNew York, New York
CUNY Kingsborough Community CollegeBrooklyn, New York
CUNY LaGuardia Community CollegeLong Island City, New York
CUNY Lehman CollegeBronx, New York
CUNY Medgar Evers CollegeBrooklyn, New York
CUNY New York City College of TechnologyBrooklyn, New York
CUNY Queens CollegeFlushing, New York
CUNY Queensborough Community CollegeBayside, New York
CUNY York CollegeJamaica, New York
D’Youville CollegeBuffalo, New York
Daemen CollegeAmherst, New York
Davis CollegeJohnson City, New York
DeVry College of New YorkNew York, New York
Dominican College of BlauveltOrangeburg, New York
Dowling CollegeOakdale, New York
Dutchess Community CollegePoughkeepsie, New York
Ellis School of NursingSchenectady, New York
Elmira Business InstituteElmira, New York
Elmira CollegeElmira, New York
Erie Community CollegeBuffalo, New York
Everest Institute RochesterRochester, New York
Farmingdale State CollegeFarmingdale, New York
Fashion Institute of TechnologyNew York, New York
Finger Lakes Community CollegeCanandaigua, New York
Five Towns CollegeDix Hills, New York
Fordham UniversityBronx, New York
Fulton Montgomery Community CollegeJohnstown, New York
Genesee Community CollegeBatavia, New York
Globe Institute of TechnologyNew York, New York
Hamilton CollegeClinton, New York
Hartwick CollegeOneonta, New York
Herkimer County Community CollegeHerkimer, New York
Hilbert CollegeHamburg, New York
Hobart William Smith CollegesGeneva, New York
Hofstra UniversityHempstead, New York
Houghton CollegeHoughton, New York
Hudson Valley Community CollegeTroy, New York
Institute of Design and ConstructionBrooklyn, New York
Iona CollegeNew Rochelle, New York
Island Drafting and Technical InstituteAmityville, New York
Ithaca CollegeIthaca, New York
ITT Technical Institute AlbanyAlbany, New York
ITT Technical Institute GetzvilleGetzville, New York
ITT Technical Institute LiverpoolLiverpool, New York
Jamestown Business CollegeJamestown, New York
Jamestown Community CollegeJamestown, New York
Jefferson Community CollegeWatertown, New York
Jewish Theological Seminary of AmericaNew York, New York
Kehilath Yakov Rabbinical SeminaryOssining, New York
Keuka CollegeKeuka Park, New York
Kol Yaakov Torah CenterMonsey, New York
Le Moyne CollegeSyracuse, New York
LIM CollegeNew York, New York
Long Island Business InstituteFlushing, New York
Long Island University Brooklyn CampusBrooklyn, New York
Long Island University C W Post CampusBrookville, New York
Machzikei Hadath Rabbinical CollegeBrooklyn, New York
Mandl The College of Allied HealthNew York, New York
Manhattan CollegeRiverdale, New York
Manhattan School of MusicNew York, New York
Manhattanville CollegePurchase, New York
Maria College of AlbanyAlbany, New York
Marist CollegePoughkeepsie, New York
Marymount Manhattan CollegeNew York, New York
Medaille CollegeBuffalo, New York
Memorial Hospital School of NursingAlbany, New York
Mercy CollegeDobbs Ferry, New York
Mesivta of Eastern Parkway Yeshiva Zichron MeilechBrooklyn, New York
Mesivta Torah Vodaath Rabbinical SeminaryBrooklyn, New York
Mesivtha Tifereth Jerusalem of AmericaNew York, New York
Metropolitan College of New YorkNew York, New York
Mildred Elley School Albany CampusAlbany, New York
Mirrer Yeshiva Cent InstituteBrooklyn, New York
Mohawk Valley Community College Utica BranchUtica, New York
Molloy CollegeRockville Centre, New York
Monroe College Main CampusBronx, New York
Monroe College New RochelleNew Rochelle, New York
Monroe Community CollegeRochester, New York
Morrisville State CollegeMorrisville, New York
Mount Saint Mary CollegeNewburgh, New York
Nassau Community CollegeGarden City, New York
Nazareth CollegeRochester, New York
New York Career InstituteNew York, New York
New York College of Health ProfessionsSyosset, New York
New York Institute of TechnologyOld Westbury, New York
New York School of Interior DesignNew York, New York
New York UniversityNew York, New York
Niagara County Community CollegeSanborn, New York
Niagara UniversityNiagara University, New York
North Country Community CollegeSaranac Lake, New York
Nyack CollegeNyack, New York
Ohr Hameir Theological SeminaryPeekskill, New York
Olean Business InstituteOlean, New York
Onondaga Community CollegeSyracuse, New York
Orange County Community CollegeMiddletown, New York
Pace University New YorkNew York, New York
Pacific College of Oriental Medicine New YorkNew York, New York
Paul Smiths College of Arts and SciencePaul Smiths, New York
Phillips Beth Israel School of NursingNew York, New York
Plaza CollegeJackson Heights, New York
Polytechnic Institute of New York UniversityBrooklyn, New York
Pratt Institute MainBrooklyn, New York
Professional Business CollegeNew York, New York
Rabbinical Academy Mesivta Rabbi Chaim BerlinBrooklyn, New York
Rabbinical College Beth ShragaMonsey, New York
Rabbinical College Bobover Yeshiva Bnei ZionBrooklyn, New York
Rabbinical College of Ch’san Sofer New YorkBrooklyn, New York
Rabbinical College of Long IslandLong Beach, New York
Rabbinical College of Ohr Shimon YisroelBrooklyn, New York
Rabbinical Seminary M’kor ChaimBrooklyn, New York
Rabbinical Seminary of AmericaFlushing, New York
Rensselaer Polytechnic InstituteTroy, New York
Roberts Wesleyan CollegeRochester, New York
Rochester Institute of TechnologyRochester, New York
Rockland Community CollegeSuffern, New York
Saint Bonaventure UniversitySaint Bonaventure, New York
Saint Elizabeth College of NursingUtica, New York
Saint John Fisher CollegeRochester, New York
Saint Joseph’s College New YorkBrooklyn, New York
Saint Thomas Aquinas CollegeSparkill, New York
Samaritan Hospital School of NursingTroy, New York
Sarah Lawrence CollegeBronxville, New York
SBI Campus An Affiliate of Sanford BrownMelville, New York
Schenectady County Community CollegeSchenectady, New York
School of Visual ArtsNew York, New York
Sh’or Yoshuv Rabbinical CollegeLawrence, New York
Siena CollegeLoudonville, New York
Simmons Institute of Funeral Service IncSyracuse, New York
Skidmore CollegeSaratoga Springs, New York
St John’s University New YorkQueens, New York
St Joseph’s College of Nursing at St Joseph’s Hospital Health CenterSyracuse, New York
St Lawrence UniversityCanton, New York
St Paul’s School of Nursing QueensFlushing, New York
St Paul’s School of Nursing Staten IslandStaten Island, New York
St. Francis CollegeBrooklyn Heights, New York
State University of New York at New PaltzNew Paltz, New York
Stony Brook UniversityStony Brook, New York
Suffolk County Community CollegeSelden, New York
Sullivan County Community CollegeLoch Sheldrake, New York
SUNY at AlbanyAlbany, New York
SUNY at BinghamtonVestal, New York
SUNY at FredoniaFredonia, New York
SUNY at GeneseoGeneseo, New York
SUNY at Purchase CollegePurchase, New York
SUNY College at BrockportBrockport, New York
SUNY College at BuffaloBuffalo, New York
SUNY College at CortlandCortland, New York
SUNY College at Old WestburyOld Westbury, New York
SUNY College at OneontaOneonta, New York
SUNY College at OswegoOswego, New York
SUNY College at PlattsburghPlattsburgh, New York
SUNY College at PotsdamPotsdam, New York
SUNY College of Agriculture and Technology at CobleskillCobleskill, New York
SUNY College of Environmental Science and ForestrySyracuse, New York
SUNY College of Technology at AlfredAlfred, New York
SUNY College of Technology at CantonCanton, New York
SUNY College of Technology at DelhiDelhi, New York
SUNY Empire State CollegeSaratoga Springs, New York
SUNY Institute of Technology at Utica RomeUtica, New York
SUNY Maritime CollegeThroggs Neck, New York
SUNY Westchester Community CollegeValhalla, New York
Swedish Institute a College of Health SciencesNew York, New York
Syracuse UniversitySyracuse, New York
Talmudical Institute of Upstate New YorkRochester, New York
Talmudical Seminary of BobovBrooklyn, New York
Talmudical Seminary Oholei TorahBrooklyn, New York
TCI CollegeNew York, New York
The Art Institute of New York CityNew York, New York
The College of New RochelleNew Rochelle, New York
The College of Saint RoseAlbany, New York
The College of WestchesterWhite Plains, New York
The Juilliard SchoolNew York, New York
The King?s CollegeNew York, New York
The New SchoolNew York, New York
The Sage CollegesTroy, New York
Tompkins Cortland Community CollegeDryden, New York
Torah Temimah Talmudical SeminaryBrooklyn, New York
Touro CollegeNew York, New York
Trocaire CollegeBuffalo, New York
Ulster County Community CollegeStone Ridge, New York
Union CollegeSchenectady, New York
United States Military AcademyWest Point, New York
United Talmudical SeminaryBrooklyn, New York
University at BuffaloBuffalo, New York
University of RochesterRochester, New York
Uta Mesivta of Kiryas JoelMonroe, New York
Utica CollegeUtica, New York
Utica School of CommerceUtica, New York
Vassar CollegePoughkeepsie, New York
Vaughn College of Aeronautics and TechnologyFlushing, New York
Villa Maria CollegeBuffalo, New York
Wagner CollegeStaten Island, New York
Wells CollegeAurora, New York
Wood Tobe Coburn SchoolNew York, New York
Yeshiva D’monsey Rabbinical CollegeMonsey, New York
Yeshiva Derech ChaimBrooklyn, New York
Yeshiva Gedolah Imrei Yosef D’spinkaBrooklyn, New York
Yeshiva Karlin StolinBrooklyn, New York
Yeshiva of Machzikai HadasBrooklyn, New York
Yeshiva of Nitra Rabbinical CollegeMount Kisco, New York
Yeshiva of the Telshe AlumniRiverdale, New York
Yeshiva Shaar HatorahKew Gardens, New York
Yeshiva Shaarei Torah of RocklandSuffern, New York
Yeshiva UniversityNew York, New York
Yeshivas NovominskBrooklyn, New York
Yeshivat Mikdash MelechBrooklyn, New York
Yeshivath ViznitzMonsey, New York
Yeshivath Zichron MosheSouth Fallsburgh, New York

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