Whether you’ve been accused of Title IX violations in New York, NY – or you’re subject to wider college disciplinary proceedings, potential repercussions can extend throughout your private life, education, and even follow you through your career.
As university and college students – or a member of staff facing proceedings, it is absolutely essential that you properly prepare yourself for disciplinary proceedings.
At Varghese & Associates, P.C., we understand what is at stake and take every measure to protect our clients during disciplinary proceedings in front of university administration. Although each university’s proceedings may vary, we know how to advocate for our clients and to protect them from institutions’ harsh disciplinary actions that can ruin their future.
Is Title IX focused on sexual discrimination and sexual harassment?
In New York State, college disciplinary hearings often center around Title IX violations. There’s a belief that Title IX relates only to sexual harassment cases – but this is not that case.
Title IX is a federal civil rights law that was passed as part of the U.S. Department of Education ‘Education Amendments Act’ of 1972. The law states:
“No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.”
Needless to say, New York Title IX and Title VII violations do occur – but in reality, many other investigations launched by colleges and universities actually fall under wider disciplinary policies.
Other New York/NYC college misconduct allegations
While Title IX laws cover many discrimination issues across our school districts and educational institutions, there are a significant number of education-focused issues these laws don’t address.
Virtually every day, schools, colleges, and universities begin internal proceedings against students and staff members for violations of other disciplinary rules. These allegations often involve:
- Sexual assault
- Sexual harassment
- Dating violence
- Assault and violence
Although colleges often have disciplinary panels, the positions on these panels are generally filled by senior members of staff – people who are likely to have an agenda and no sworn-in commitment to ensuring due process rights for the individual involved.
Though the United States judicial system is not without its flaws, a disciplinary team of this capacity comes nowhere close to having the kind of experience required to pass judgment that could drastically change the direction your life goes. Often, these teams cannot even guarantee a similar outcome across similar cases.
This is why we step up to stand alongside you.
As experienced trial attorneys, we understand your rights, we understand due process, and we understand exactly how any kind of life-changing trial should play out. As our client, you have access to the same kind of legal support you’d need if you were facing a grand jury.
Understanding the disciplinary process is step one
Laws like Title IX can make the disciplinary process confusing for a student. You are not going to be faced with a second criminal trial conducted by your university or college after you are accused of a serious crime.
Despite the entire procedure not technically being a criminal process, it can feel like one as everything unfolds.
Much like a criminal case, you should be given the opportunity during your hearing to:
- Make your case
- Present evidence on your behalf
- Cross-examine any witnesses
- Use an attorney for representation
An experienced attorney from our law firm will make sure this happens with your rights front and center at all times. For us, the question is not about whether or not you have broken school rules, it’s about making sure the investigation is carried out in a just and proper way. Our lawyers will push back hard when a case is not properly tried or a penalty is decided upon without evidence proving the case beyond all reasonable doubt.
Penalties used to punish college students
College disciplinary hearings are primarily concerned with any alleged criminal offenses that took place on campus, such as theft, sexual assault, or underage drinking. To this extent, the presiding faculty members can potentially be less lenient to the accused than an actual criminal court judge, for they feel they are protecting those close to them and perhaps their own jobs.
Potential consequences of a university disciplinary hearing:
- Temporary suspension
- Permanent expulsion
- Removal from certain classes
- Restitution paid to alleged victims
It is important to remember that the consequences of an unsuccessful college disciplinary hearing will not affect you for just one semester – your entire future can take a turn for the worse, especially if you are prevented from completing your degree.
Your education should never be jeopardized
A college disciplinary proceeding must be taken seriously if you want to continue your college or university education experience without interruption or stress. Penalties could strip you of your right to your education. Fighting back against your misconduct case with a criminal defense lawyer or team of attorneys is a must.
Our New York City Title IX & college disciplinary law firm never stops fighting for justice
Our Manhattan criminal defense attorneys are passionate about protecting the rights of accused college and university students all across New York City and New York. Without an attorney to intervene and represent them, each client would be at the mercy of a college disciplinary proceeding that is unchecked by any legal court of law.
There have been cases where students who were cleared of any crimes in criminal court were still penalized by their colleges. Do not let this injustice happen to you. Our lawyers regularly represent young people in juvenile cases, sex crime cases, and other matters involving the criminal justice system and noncriminal proceedings.