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SUNY Binghamton Title IX, Student Misconduct & Disciplinary Hearings

Binghamton University is part of the State University of New York (SUNY) network and therefore employs the same SUNY Sexual Assault & Violence Response (SAVR) resources as the rest of the SUNY system. The SAVR contains the Students' Bill of Rights, definition of Affirmative Consent, Drug and Alcohol Amnesty Policy, and first disclosure information. At times confusing, but critically important to current and prospective students, administrators and faculty, the SAVR contains material that is a “must” in terms of review and, when necessary, with the assistance of a Binghamton Title IX and Code of Conduct lawyer. Should you need guidance on Title IX matters at SUNY Binghamton, whether you are accused of prohibited conduct or you are considering filing a complaint as a victim of abuse or misconduct, consulting an experienced Title IX lawyer is always the right decision to best ensure all issues, readily apparent or otherwise, are both identified and addressed. While you are always free to reach out to Binghamton's Title IX Coordinator without counsel, engaging an attorney to advise you on various case trajectories, ramifications, collateral prosecution involving the Broome County District Attorney, investigatory avenues, and other considerations can be, and routinely are, crucial to the success or failure of your Title IX case.

Rights of Victims and Individuals Reporting Title IX Violations

No matter if you are a victim of sexual assault, domestic or dating assault, domestic or dating violence, stalking and/or other forms of sex or gender-based discrimination, Title IX is the vehicle to remedy your victimization and put the safeguards in place to protect you going forward. Simply, Title IX violations are no laughing matter with implications ranging from the offering of services by Binghamton University staff and faculty to the suspension and expulsion of those “convicted” of misconduct. No matter which side of Title IX you find yourself at Binghamton, never lose sight of the following. Everyone who finds themselves the subject of a Title IX investigation has clearly delineated and enforceable rights whether a target or complainant. For example, when reporting sexual assault, domestic or dating violence, stalking, harassment, or other forms of sex discrimination you have options. You can go to the University police or campus security, your local law enforcement, and/or the state police. You can choose to report the incident directly with the University or even choose not to report at all.

Should you report an incident, you have the right to be protected by Binghamton University from retaliation for reporting an incident and be provided with assistance and resources from Binghamton University. Similarly, as an accused or defendant, you have rights to an advisor and to be fully informed not only of the allegations and their disciplinary consequences, but services and protections from the school as the matter proceeds through the Title IX process.

Victim Resources Upon Filing a Title IX Complaint

As recognized above, Binghamton University and SUNY policy for all New York colleges and university states that any person reporting an incident of sexual assault, domestic or dating violence, harassment and/or stalking has the right to notify university police or campus security, local law enforcement, and/or state police. Further, accusers also have access to a Title IX Coordinator on an emergency basis or other appropriate official trained in the matters he or she faces, including interviewing victims of sexual assault. These trained personnel shall be available at the time of a complaint by the reporting person. They will be available to provide information regarding options to proceed, and, where applicable, the importance of preserving evidence and obtaining a sexual assault forensic examination as soon as possible. While not versed to the same degree as an attorney who is a victim advocate in both New York’s Family Courts and Criminal Courts, this staff person will provide basic information about the criminal justice process and how it utilizes different standards of proof and evidence. However, any questions about whether a specific incident violated the New York Penal Law should be addressed to law enforcement, the Broome County District Attorney, or your legal counsel.

Keep in mind that while the information provided by a school representative at Binghamton will provide the basic guidance you need to generally understand the process, no staff member can guarantee your privacy even if maintaining confidentiality for all parties is often paramount. Simply, barring the Binghamton employee wearing a hat as a criminal defense attorney, prosecutor, victim advocate and Family Court lawyer, nothing can substitute for the privileges, protections and ethical commitment of an attorney. For that matter, these administrators cannot vet your case with you and advise you of your potential strategies, the best avenues to resolve your case or the collateral legal issues no matter if you are the accuser or the accused.

Protecting Yourself with Title IX Counsel

Those making reports under the SUNY system at Binghamton do have the explicit right to confidentially disclose the incident to institution representatives, who may offer secrecy as best they can pursuant to applicable laws. Further, these men and women at the University can assist in obtaining services for reporting individuals, generally explain a victim’s right to confidentially and address how to obtain services from the state or local government. Moreover, the SUNY Binghamton staff can advise a complainant or petitioner’s about his or her right and ability to file or respond to a report of sexual assault, domestic violence, dating violence, and/or stalking. But as knowledgeable a Title IX Coordinator or other appropriate institution representative may be, he or she is not “your” counsel, lawyer or attorney. It is not their role as the process commences and is investigated to determine to support or advocate for either party. Ultimately, a determination will be made one way or another, but failing to protect your interests from day one could lead to permanent and long-term negative consequences from suspension, expulsion, and even simultaneous actions in Binghamton City Court, the Broome County Court Criminal Term or the Broome County Family Court.

Whether you are facing charges pursuant to Title IX for violating sexual or gender-based rules, harassment, domestic violence or any other misconduct or you are accusing a fellow student, faculty member or other person of misconduct, there are numerous moving pieces that demand your immediate and direct attention. To best protect yourself from arrest, a wrongful Order of Protection, and expulsion or, as a victim, to ensure your voice is heard and the University, law enforcement or any other involved body takes the steps to keep you safe while allowing you to flourish socially and academically, there is no substitute of an experienced Title IX and Student Misconduct lawyer.

Day or night, irrespective of what side of the law you find yourself, the former Manhattan prosecutors, criminal lawyers, Family Court attorneys and Title IX advocates at Saland Law are prepared to implement the best strategy to bring your matter to the appropriate conclusion. You’ve worked to hard to get here. Don’t fail yourself now.

Call our New York criminal defense attorneys, Title IX and disciplinary hearing lawyers at (212) 312-7129 or contact us online today.

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