Substitute for Experience,
Knowledge & Advocacy
Touro College and University System, like all other colleges and universities in New York City and New York State, has its own internal policies dictating how it deals with student and faculty malfeasance. In fact, these procedures extend to vendors and even those invited onto one of its many campuses. In the realm of Title IX complaints, allegations, investigations and hearings, however, Touro College and its numerous schools adhere to certain standards. Whether you are a complainant, aka, petitioner or victim, or a defendant, also called a respondent, there are certain steps and valuable information that you must be aware of to put yourself in the best position to resolve your case as an accuser or an accused. With the assistance of a New York City Title IX attorney and, more specifically, a Title IX lawyer familiar with Touro College and University System practices regardless of where the particular campus is located, you can do just that by coordinating with your counsel to file or respond to a complaint with Touro College’s Title IX Coordinator.
At bottom, Touro College and University has one goal when it comes to Title IX. That is, the colleges and university seek to create and maintain an environment free from sexual and gender-based discrimination, bias, harassment, and misconduct. Whether the offenses are overt and “in your face,” violent or subtle, Title IX processes, along with the NY State Family Court and Criminal Court systems, are in place to protect victims and foster a healthy campus environment.
As simple as one can state, even if practical interpretation and enforcement is far more convoluted, Title IX regulations are a means to prevent acts of discrimination of a gender and sexual nature. It is of no consequence if the misconduct involves same sex individuals. What is relevant, however, and can be further examined with your Title IX attorney, are the alleged actions including unwelcomed sexual advances in verbal or physical form, requests for sexual favors, the creation of a hostile sexual environment, and other behaviors ranging from unwanted touching and the threat of violence to insults and degrading texts. Keep in mind, if you file a complaint, an accused is forbidden from retaliating against you for doing so. If he or she does, even if they are ultimately exonerated, the respondent may find themselves subject to additional violations.
All sexual misconduct allegations at Touro College and University System – sexual harassment and discrimination – commence with the Title IX Coordinator or the Chief Compliance Officer. While the former is likely the better approach, reporting wrongdoing as soon as possible is of critical import. While delaying does not preclude you from making a report, Touro requires that you file within thirty days of the alleged incident or the end of the semester it occurred, whichever is later. That said, for practical reasons and ones you should discuss with your Touro College Title IX lawyer, to best prevent attacks on your credibility, ensure the preservation of evidence, and to limit issues that may arise later if you pursue recourse in Family or Criminal Court, time is of the essence. Simply, act responsibly, but do so quickly, properly and accurately. Again, consult with your New York Title IX attorney to make sure you set yourself up not for future failure, but success.
Upon filing your complaint, and adhering to the requirements, the Title IX Coordinator or another party will conduct an interview within thirty days. This initial intake interview will discuss the Title IX procedures. Within another thirty days, the Title IX Coordinator at Touro will complete an investigation through speaking with witnesses, the parties and securing any other evidence. Ultimately, a Fact Finder will review these findings to ascertain (1) whether cause exists to believe discrimination occurred as per the complaint, (2) the steps to prevent further abuse, and (3) if there is a possible disposition of the complaint. Within ten days of the above determination, one based on a preponderance of the evidence, the Fact Finder will inform both the complainant, victim, and the respondent, defendant.
At bottom, whether you “accept” this finding, there are grounds for an appeal, and what steps you can take during and even before the process commences are all matters that mandate a “deep dive.” Simply, failure to vigorously pursue and present evidence and argue from the strongest viable position can tilt the Title IX scales the wrong way.
Don’t compromise your academic career, future livelihood and everyday wellbeing. Irrespective of what side of Title IX you find yourself, retain the best Title IX counsel, attorney and advocate – such as the Title IX lawyers and former Manhattan prosecutors at Saland Law – to maintain your upward trajectory in the academic arena, career pursuits, and beyond.
Call our New York Title IX attorneys and disciplinary hearing lawyers at (212) 312-7129 or contact us online today.