If you’re a college or university student in New York facing a Title IX investigation or disciplinary proceeding, you need to understand what’s at stake. Title IX accusations, especially those involving alleged sexual misconduct, carry serious and lasting consequences, including suspension, expulsion, and a permanent mark on your academic record. These proceedings often move quickly and are not always as fair or impartial as one might expect. At Allen Harris, we’re here to fight for the best outcome possible on your behalf. Contact a knowledgeable and dedicated New York student defense lawyer from our firm for comprehensive representation today.
Our Legal Services
Title IX investigations involve complex institutional procedures, often designed to comply with federal regulations and internal university policies. At Allen Harris, we represent students throughout the entire Title IX process, from initial notice to final determination, and, if necessary, appeals or civil litigation. We handle a variety of cases on behalf of students in New York, including those involving:
- Free Speech and Academic Freedom
- Sexual Misconduct
- Title IX Violations
- Student Misconduct
- Discrimination Claims
- College Housing Policy Violations
Students We Serve
Our firm represents students attending many of New York’s most prominent colleges and universities, including:
- Columbia University
- New York University (NYU)
- Cornell University
- University at Buffalo (SUNY)
- Syracuse University
- St. John’s University
- Fordham University
- Hofstra University
- Rensselaer Polytechnic Institute (RPI)
- Rochester Institute of Technology (RIT)
- Binghamton University
- Vassar College
- Barnard College
- Skidmore College
- University of Old Westbury (SUNY)
- Adelphi University
Title IX and New York’s “Enough is Enough” Law
While Title IX is a federal law that prohibits sex-based discrimination in federally funded educational institutions, New York State imposes additional requirements under its “Enough is Enough” legislation. Passed in 2015, this law mandates uniform sexual assault prevention and response procedures at all colleges in New York, whether public or private. Key provisions include the following:
- Affirmative Consent Standard: New York mandates a clear, voluntary, and mutual agreement to engage in sexual activity. Silence or lack of resistance does not constitute consent.
- Students’ Bill of Rights: This document outlines the rights of both complainants and respondents, including the right to a fair and impartial hearing, access to an advisor, and protection from retaliation.
- Required Training and Education: Institutions must provide ongoing sexual assault prevention training, which sometimes leads to overly broad or unclear policies.
- Timely Processes: Schools must resolve cases promptly, though “prompt” is not always synonymous with “thorough” or “fair.”
These additional layers of regulation create an environment where accused students may face pressure, confusion, and procedural unfairness. Having an attorney who understands both Title IX and New York’s specific mandates can make a meaningful difference.
Title IX Hearings in New York: What to Expect
The Title IX hearing process is often misunderstood. Unlike a courtroom, campus hearings are governed by university policy, not standard rules of evidence or criminal procedure. Here’s what you can expect during a typical Title IX proceeding:
- Notice of Allegations: You’ll receive a formal notification that includes a description of the conduct alleged, possible policy violations, and your rights under Title IX.
- Investigation Phase: An investigator, often an employee or contractor of the school, will gather statements and evidence from both parties. It’s essential not to speak with investigators without consulting an attorney.
- Pre-Hearing Preparation: You may be allowed to submit evidence, identify witnesses, and prepare an opening statement or questions for cross-examination.
- Live Hearing: A decision-maker (or panel) will hear evidence and determine responsibility. Your attorney may serve as your advisor, conducting cross-examination and protecting your procedural rights.
- Decision and Sanctions: If found responsible, you may face sanctions ranging from a written warning to expulsion.
- Appeal: Most institutions allow appeals based on procedural error, new evidence, or bias in the process.
Title IX and Campus Housing: Risks of Removal or Expulsion
In many Title IX cases, particularly those involving sexual misconduct, students face interim measures even before a finding of responsibility. These may include removal from campus housing, restrictions on class attendance, or no-contact orders. Here’s why that matters:
- Immediate Displacement: Being removed from housing can disrupt your education and increase your financial burden.
- Presumption of Guilt: These actions can create the impression that guilt is assumed before any hearing takes place.
- Public Disclosure Risks: While Title IX hearings are typically confidential, your removal from housing may be visible to roommates, professors, or classmates, leading to reputational harm.
If found responsible, housing bans may become permanent, and suspension or expulsion may follow. Our team works proactively to challenge these interim measures when possible and to argue for their modification or removal.
Contact a Student Defense Lawyer in New York State Today
If you are a student accused of a Title IX violation in New York, don’t go through this alone. At Allen Harris, we advocate for fairness, due process, and your right to continue your education without unjust punishment. Contact a New York student defense lawyer today to schedule a confidential consultation.