Last Updated on: 11th March 2023, 06:00 pm

Understanding College Arrests and Title IX Hearings in Cases of Sexual Violence

Introduction

Sexual violence is a serious issue that affects many college students in the state of New York. In an effort to address this problem, Title IX was implemented to require schools to investigate incidents of sexual violence and take appropriate measures to protect the victim. As a law firm with a deep understanding of the law, Spodek Law Group and Attorney Todd Spodek can help students who have been affected by sexual violence.

Protecting a Student Reporter’s Confidentiality

When a student reports an incident of sexual violence to a school via Title IX, the school must take steps to ensure that their identity remains confidential. This means that the student’s identity cannot be released, and information about the incident can only be shared with the Title IX coordinator and officials involved in the investigation.

If the school cannot include all details of the alleged act of sexual violence or punish the perpetrator, it can still take measures to prevent similar incidents in the future. For example, the school can hire additional security, train students in sexual violence prevention, or change policies related to harassment based on gender, gender identity, or sexual orientation.

Overriding a Student’s Request for Confidentiality

There may be situations where the school cannot keep the student reporter’s identity confidential, even if the student requests no investigation be performed, does not name the perpetrator, or does not want the perpetrator to be punished. The school must evaluate whether the alleged perpetrator is likely to commit further acts against other students by considering their criminal history, past threats, history of sexual violence, and the number of Title IX complaints made against them. The age of the victim and whether the sexual violence involved the use of a weapon is also important when determining whether the school can keep the victim or the student reporter’s identity confidential.

If the school determines that it must override the request for confidentiality, it is still required to take measures to protect the student. This can include changing housing arrangements, schedules, or issuing no-contact orders.

Obligations of Mental Health Counselors

School employees who receive reports of incidents of sexual violence from students in New York are considered responsible employees as per Title IX. They are required to report any incidents to the college or university, except for those employees who hold professional licenses that require them to keep situations confidential, such as doctors, mental health counselors, pastoral counselors, social workers, and therapists.

Employees who work at health facilities, women’s centers, and victim advocacy offices, and even those who merely work at the front desk, are exempt from reporting incidents of sexual violence as per Title IX. However, these employees must still provide students with the appropriate resources, medical assistance, and counseling. They can also provide victims with information on the policies at school for reporting sexual violence and filing an official Title IX complaint.

Conclusion

If you or someone you know has been a victim of sexual violence on a college campus in New York, Spodek Law Group and Attorney Todd Spodek can help. Our law firm has the experience and knowledge necessary to handle these types of situations and protect the rights of our clients. Don’t hesitate to contact us today to schedule a consultation.

Understanding College Arrests and Title IX Hearings in Cases of Sexual Violence

Introduction

Sexual violence is a heinous crime that has severe impacts on victims’ lives, especially on college students in the state of New York. At Spodek Law Group, we understand the devastating effects of sexual violence and have the experience and knowledge necessary to help our clients through the legal process. In an effort to address this problem, Title IX was implemented to require schools to investigate incidents of sexual violence and take appropriate measures to protect the victim.

Protecting a Student Reporter’s Confidentiality

At Spodek Law Group, we understand the importance of protecting the confidentiality of student reporters of sexual violence incidents. When a student reports an incident of sexual violence through Title IX, the school must take all necessary measures to ensure that their identity remains confidential. This means that the student’s identity cannot be released, and information about the incident can only be shared with the Title IX coordinator and officials involved in the investigation.

In addition, we believe that it is crucial for schools to take steps to prevent similar incidents in the future. This may include hiring additional security, training students in sexual violence prevention, or changing policies related to harassment based on gender, gender identity, or sexual orientation.

Overriding a Student’s Request for Confidentiality

We understand that there may be situations where the school cannot keep the student reporter’s identity confidential, even if the student requests no investigation be performed, does not name the perpetrator, or does not want the perpetrator to be punished. In these cases, the school must evaluate whether the alleged perpetrator is likely to commit further acts against other students by considering their criminal history, past threats, history of sexual violence, and the number of Title IX complaints made against them.

At Spodek Law Group, we believe that it is crucial for schools to take measures to protect the student, even if the request for confidentiality must be overridden. This may include changing housing arrangements, schedules, or issuing no-contact orders. We will work tirelessly to ensure that our clients’ rights are protected and that they receive the support they need during this difficult time.

Obligations of Mental Health Counselors

At Spodek Law Group, we understand the critical role that mental health counselors play in helping students who have been victims of sexual violence. School employees who receive reports of incidents of sexual violence from students in New York are considered responsible employees as per Title IX. They are required to report any incidents to the college or university, except for those employees who hold professional licenses that require them to keep situations confidential, such as doctors, mental health counselors, pastoral counselors, social workers, and therapists.

Employees who work at health facilities, women’s centers, and victim advocacy offices, and even those who merely work at the front desk, are exempt from reporting incidents of sexual violence as per Title IX. However, these employees must still provide students with the appropriate resources, medical assistance, and counseling. They can also provide victims with information on the policies at school for reporting sexual violence and filing an official Title IX complaint.

Conclusion

At Spodek Law Group, we are committed to helping our clients who have been victims of sexual violence on college campuses in New York. We have the experience and knowledge necessary to handle these types of situations and protect our clients’ rights. If you or someone you know has been a victim of sexual violence, don’t hesitate to contact us today to schedule a consultation. We will work tirelessly to ensure that justice is served and that our clients receive the support they need during this difficult time.