What is a “prompt and equitable” grievance or disciplinary procedure?
New York sex abuse victim attorney, James Marsh, discusses “prompt and equitable” grievance and disciplinary procedures in campus sexual assault cases.
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Universities and colleges are required to resolve Title IX complaints in a prompt and equitable manner. In the old days, universities could take sometimes a year or longer to resolve complaints of sexual harassment, sexual assault, and a hostile environment. The guidelines basically give colleges 60 days to resolve complaints of under Title IX. Although that’s not a hard and fast rule, certainly the target is within 60 to 90 days to resolve any sorts of complaints. That includes the investigation, adjudicatory process, and outcomes. Appeals are not included in that timeline but certainly, investigations should not last a year, two years, 18 months like they’ve done in the past. Colleges have become much better about following these guidelines but students should expect basically a one-semester process.