CUNY Title IX Lawyer: Student Process Guide

If you are looking for a CUNY Title IX lawyer after receiving a sexual misconduct notice, start here. This page explains the process every CUNY college uses for sexual misconduct complaints against students. Your own notice and the version of the policy that applies to your case control the actual deadlines, so read them first and confirm anything unclear with your college’s Title IX office.

Which rules govern your case

One policy for every CUNY college

The CUNY Policy on Sexual Misconduct says it is CUNY’s sole policy on this subject and is “applicable at all CUNY colleges and units”. It covers students, employees and visitors. It reaches conduct on CUNY property and, in the policy’s words, “conduct that occurs off CUNY property but has a reasonable connection to CUNY”.

Dates and versions

The Board of Trustees adopted the policy on August 12, 2020. Section XV (Implementation) says: “This Policy will become effective on August 14, 2020 and will apply to Sexual Misconduct that allegedly occurred on or after August 14, 2020.” For earlier conduct, the policy says it “will be handled in accordance with the CUNY Policy on Sexual Misconduct that was in effect at the time the behavior occurred”. The August 26, 2020 implementation memo says the same thing: it states that the revised policy superseded the prior June 2018 policy and that earlier conduct is controlled by the version in effect when the alleged behavior occurred.

So the version that applies to you can depend on the date of the incident or the date of your notice. Do not assume. Ask the Title IX office to confirm in writing which policy and which version your notice applies.

The 2024 policy and older documents

The Baruch College Title IX page explains that after a January 31 Dear Colleague Letter from the U.S. Department of Education, CUNY’s 2020 policy “replaces the fully rescinded 2024 Policy on Sex-Based Misconduct as the policy applicable to all open and future Title IX matters”. Some college pages and older documents may still link the 2024 policy or other older materials. If you see a different policy cited anywhere, including in your notice, ask in writing which one governs your matter.

If the Title IX procedures are revoked

Section XV also covers what happens if a court or regulation removes the federal requirements behind the Title IX procedures. If any portion of the 2020 Title IX Regulations is stayed or held invalid, or the Final Regulations are withdrawn or modified, the invalidated parts of the policy (including Sections IX and XI) “will be deemed revoked as of the publication date of the opinion or order”. The policy then says that covered misconduct, including any steps taken after the revocation date in a case not yet complete, “shall be investigated, resolved and/or adjudicated under Section XII without further action by CUNY”.

Two tracks: Title IX Sexual Harassment and non-Title IX sexual misconduct

The policy uses “Sexual Misconduct” as an umbrella term. It then sorts matters into two tracks with different procedures.

Title IX Sexual Harassment follows Section XI. The policy adopts the federal definition: conduct on the basis of sex in CUNY’s education program or activity, against a person in the United States, that is (1) a CUNY employee conditioning an aid, benefit or service on unwelcome sexual conduct, (2) unwelcome conduct a reasonable person would find so severe, pervasive and objectively offensive that it effectively denies equal access, or (3) Sexual Assault, Dating Violence, Domestic Violence or Stalking as the policy defines them.
Non-Title IX Sexual Misconduct follows Section XII. This covers conduct the policy prohibits that does not meet that definition. The preamble gives examples: conduct with a reasonable connection to CUNY that occurs outside its education program or activity, conduct outside the United States, and unwelcome conduct of a sexual nature that is not severe, pervasive and objectively offensive.

How a matter gets sorted

Under Section IX, the Title IX Coordinator evaluates the initial allegations. A matter must proceed as Title IX Sexual Harassment if the allegations, if true, meet the Title IX definition and the complainant is participating in, or trying to participate in, a CUNY education program or activity when the allegations are made. Otherwise it proceeds as non-Title IX. If one set of allegations includes both kinds of incidents, the whole matter proceeds as Title IX Sexual Harassment.

A formal complaint can later be dismissed. If it becomes clear that the allegations do not meet the Title IX definition, the Coordinator must dismiss it. The Coordinator may also dismiss in other listed situations, such as a written withdrawal by the complainant, the respondent no longer being enrolled or employed by CUNY, or circumstances that prevent gathering enough evidence. After any dismissal, the Coordinator must decide whether the allegations go forward as a non-Title IX matter, so the conduct can still be addressed under the other track. The written dismissal notice must state the basis, whether the matter will continue as non-Title IX, and the right to appeal.

Your notice should tell you which track you are on. Ask for it in writing if it does not.

Where Article XV of the CUNY Bylaws fits

Article XV of the CUNY Bylaws covers students: the conduct standard (Section 15.1) and student disciplinary procedures (Section 15.4). Section 15.4 includes a clause aimed squarely at this policy: “the procedures for addressing those allegations, including the procedures for student discipline, shall be those set forth in the Policy on Sexual Misconduct and not this bylaw 15.4.”

In plain terms, when a student is accused of violating the Policy on Sexual Misconduct, the policy’s procedures apply, including its discipline procedures. The Section 15.4 procedures do not. The implementation memo adds that the policy’s committees are a change from the Article XV Faculty Student Disciplinary Committee that had traditionally decided these cases. This page does not treat Article XV hearing procedures as applying to sexual misconduct cases.

Article XV still governs students in other ways, such as ordinary conduct charges that are not brought under the Policy on Sexual Misconduct, and other student matters in Article XV. If your notice cites Article XV instead of the policy, ask the Title IX office or Student Affairs office to explain in writing why.

Who applies the policy at your college

Each CUNY college has its own Title IX Coordinator, who has overall responsibility for carrying out the policy there, including overseeing investigations of both kinds of matters. Colleges and offices may describe reporting routes and campus steps differently. For your campus office, reporting routes and resources, use your college’s page below and the notice you received.

Reporting versus a Title IX Formal Complaint

A report to the college and a Title IX Formal Complaint are different things. A report can be made in several ways, including to the Title IX Coordinator, with or without the CUNY allegation form. For Title IX Sexual Harassment, the policy says a formal complaint is required to start the grievance process. It is a document filed by a complainant or “signed by the Title IX Coordinator”, alleging Title IX Sexual Harassment and asking the college to investigate. It can be a physical document, an email or a campus online form, as long as it has a physical or digital signature or otherwise shows the complainant is the one filing.

The policy states that the Coordinator “may sign a Title IX Formal Complaint with or without a complainant’s desire to participate in a grievance process”. If the first report does not qualify, the Coordinator must explain how to file one. If none arrives within a reasonable time, the Coordinator may administratively close the matter, and a complainant may file at any later time.

Once a formal complaint is received, the Coordinator sends written notice to the known parties. It includes the policy, the allegations, a statement that the respondent is presumed not responsible, advisor rights, the right to review evidence, and a statement that the burden of proof is on the college. The policy says this notice is provided “at least five (5) days before any initial interview unless a party consents to a shorter period”. The non-Title IX track does not use a formal complaint. There the college must investigate once it becomes aware of possible misconduct, unless information is insufficient or the complainant asks it to refrain and the college decides that will not leave a continuing threat.

Rights of the parties during any investigation

Section X-A gives both parties these rights in either track, among others:

A fair, impartial, timely and thorough process, run by trained people free of conflict of interest or bias.
A presumption that the respondent is “not responsible” until a finding of responsibility.
An investigation where the burden of proof and of gathering evidence rests on the college, not the parties.
Reasonable advance written notice of any meeting they must or may attend.
The chance to offer evidence, and to have irrelevant evidence excluded from any hearing.
An advisor of their choice, who may be an attorney, during all related meetings and hearings. Advisors must follow applicable CUNY policies and procedures.
Simultaneous written notice of the outcome and the reasons, and access to a full and fair record of any hearing.

The standard of evidence is a preponderance, which the policy defines as whether it is “more likely than not” that the misconduct occurred.

How “days” are counted

The policy defines the term: whenever it refers to a “day,” it means “a calendar day other than a Saturday, Sunday or federal or state holiday”. Article XV, by contrast, generally counts calendar days. Count the way the document named in your notice counts, and confirm dates with the Title IX office.

The Title IX investigation

The Title IX Coordinator investigates promptly, thoroughly and impartially, interviews witnesses likely to have relevant information, and reviews documents and evidence. You may offer evidence, including fact and expert witnesses. Records made by a physician, psychiatrist, psychologist or similar professional in connection with treatment are excluded unless the college gets your voluntary written consent.

Two written-response windows

Evidence review. Before the report is finished, the Coordinator sends both parties the directly related evidence, including evidence the Coordinator does not intend to rely on. A written response is “due within ten (10) days after the materials are provided”, and the Coordinator must consider it before finalizing the report. Parties and advisors must sign an agreement not to share this evidence or use it outside the grievance process.
Report review. The Coordinator sends the finished report to each party and advisor “at least ten (10) days prior to any hearing”. A written response is due “within ten (10) days after the report is provided” and is shared with the Adjudication Committee and the other party before the hearing.

Time target and delays

When possible, the investigation must be completed “within one hundred-twenty (120) days of receipt of the Title IX Formal Complaint”, counting the evidence review, the report and the report review. If there is a delay, the Coordinator must tell the parties in writing and give the reason. The policy lists possible reasons, including a law enforcement request, availability of parties, advisors and witnesses, exam periods and breaks, and the complexity of the case. The memo notes that Title IX reports, unlike non-Title IX reports, do not include the Coordinator’s analysis or factual findings.

The Title IX hearing

A Title IX Sexual Harassment matter that completes investigation goes to a live hearing, unless the formal complaint is dismissed or resolved. When possible, it is completed “within sixty (60) days after completion of the investigation”. It may be held in person or, at the college’s discretion, virtually with technology letting everyone see and hear each other simultaneously. All hearings are closed to the public.

The panel and committee

CUNY keeps a CUNY-wide Sexual Misconduct Panel of faculty members, Higher Education Officer series employees and students. A three-member Adjudication Committee is drawn from it. Members serve CUNY-wide but “will not serve on cases from their home campus”. When the respondent is a student, the committee has one faculty member or one HEO, one student member, and a chairperson who is a faculty member or HEO. The chairperson makes procedural rulings, and the committee decides responsibility by majority vote. The University Title IX Director arranges selection and scheduling.

Notice, adjournments and prehearing materials

The college Office of Student Affairs sends the Notice of Hearing by first-class or overnight mail to the address on record and by CUNY email (and any other email the college knows). It says “Notice of at least seven (7) days will be provided.” It must include a complete, itemized statement of the allegations, the policy charged and the possible penalties.

Each party gets one adjournment, for a reasonable time, without giving a reason. Further requests must be made “at least five (5) days prior to the hearing date” and the chairperson decides them. If a party does not respond, appear on the adjourned date or request an extension, the college may proceed without them. At least five days before the hearing the college provides the parties and advisors a list of documents it intends to use and the other party’s written response to the report.

Advisors and cross-examination

You may bring an advisor of your choice, who may be an attorney and may fully participate. Anyone appearing with an attorney must give the college five days’ notice of the attorney’s name and contact information. Advisors must treat all participants with respect and follow CUNY’s Rules of Decorum. A party may not cross-examine personally. Each advisor may ask the other party and witnesses all relevant questions, including questions challenging credibility. If you have no advisor at the hearing, the college must provide one for the limited purpose of cross-examination.

Before anyone answers a question, the chairperson decides whether it is relevant and explains any decision to exclude it. Questions about a complainant’s sexual predisposition or prior sexual behavior, and about any party’s mental health diagnosis or treatment, are limited by narrow exceptions in the policy. The college must prove the allegations by a preponderance of the evidence. Hearing notices tell respondents of the right to “remain silent without assumption of responsibility”. The policy also says the committee cannot draw an inference about responsibility based solely on a party’s or witness’s absence or refusal to answer questions.

The 2021 revision on statements not tested by cross-examination

The main text of Section XI once said the committee must not rely on any statement of a party or witness who does not submit to cross-examination. A revision appended to the policy says that part is no longer in effect, following a federal court ruling and a Department of Education update. It states that in future Title IX hearings, committee members “may consider admissible statements made by parties or witnesses in reaching a determination regarding responsibility, even if those parties or witnesses do not participate in cross-examination at the live hearing”. It says no other provision of the policy was affected.

Recording and written determination

The college must record each hearing, and no other recording is allowed. A respondent found responsible may request a copy without cost, for use only with their advisor. On appeal, both parties receive a copy on similar terms.

The college sends the written determination to the parties simultaneously “within fifteen (15) days of the conclusion of the hearing”. With two or more complainants or respondents, it has “twenty (20) days from the conclusion of the hearing”. The determination must include findings of fact, the rationale, any student sanctions, whether remedies will be provided to the complainant, and appeal procedures. The decision is final subject to any appeal.

The non-Title IX track

Investigation and report

The Title IX Coordinator investigates under Section XII-C, gives the parties written notice, interviews witnesses, and prepares a report that summarizes evidence and, unlike the Title IX track, includes credibility assessments and findings on whether a preponderance of the evidence shows responsibility. When possible the investigation is completed “within one hundred-twenty (120) days of the receipt of the allegations”. If the complainant is a student, both parties receive the report within five days of its completion.

College President and Chief Student Affairs Officer

The Coordinator sends the report to the College President, and to the Chief Student Affairs Officer if either party is a student. The President must, when warranted by the facts, authorize action the President considers necessary, which can include recommending discipline or closing the matter if findings are unsubstantiated. If the President decides to bring discipline against a student, the matter goes to the Chief Student Affairs Officer, who may rely on the Coordinator’s investigation and determination and prefer charges. If the President decides not to proceed, the Coordinator must tell the parties in writing and offer support services to both.

The student disciplinary hearing

These hearings are also heard by an Adjudication Committee from the CUNY-wide Panel. The notice of charges and hearing must give at least seven days, unless the respondent consents to an earlier hearing, and must itemize the charges and possible penalties. The adjournment rules match the Title IX track. Before the hearing the college gives access to the documents it intends to use at least five days ahead. The rights listed in the notice include presenting your side and witnesses, cross-examining witnesses (but the parties may not cross-examine each other), remaining silent without an assumption of responsibility, and being represented by an advisor or legal counsel at your own expense. The policy says the college shall assist in finding counsel or an advisor on request.

On this track the policy says that if a party has no advisor, the college “may” assist in finding one for cross-examination. On the Title IX track it “must” provide one. The respondent may move to dismiss at the close of the college’s case. After a finding of responsibility there is a penalty phase with character evidence, prior CUNY disciplinary records and impact statements. The written decision is due “within seven (7) days of the conclusion of the hearing”, or fourteen days with multiple parties. Before a hearing begins, a respondent may also admit the charges and accept the penalty set by the Chief Student Affairs Officer, after the complainant has had a chance to object.

Appeals on this track

A student complainant whose allegations are unsubstantiated in whole or part may appeal the Coordinator’s determination to an Appeal Committee. The grounds are procedural irregularity that affected the outcome, new evidence not reasonably available at the time, or Coordinator conflict of interest or bias that affected the outcome. The written appeal goes to the University Title IX Director “within fifteen (15) days after the delivery of the investigative report”. The Director gives it to the respondent within five days, and the respondent’s response is due within fifteen days after delivery of the appeal. The Appeal Committee issues a written decision “within fifteen (15) days of receipt of the respondent’s written submission or failure to provide a submission”.

A determination by the Adjudication Committee after a disciplinary hearing is appealed under Section X-E, described below. Section XII lists the right to appeal such a determination to a fair and impartial panel but does not repeat the deadlines.

Informal resolution

Informal resolution is an alternative to formal investigation and hearing. It can include a mutual No Contact Order agreement, acceptance of responsibility and a penalty, mediation or other alternative dispute resolution. It is available on both tracks, “except in cases involving Title IX Sexual Harassment allegations by a student against an employee”. It can happen at any point before a determination of responsibility. On the Title IX track it is available after a formal complaint is filed.

The Coordinator must consider every eligible case and, if it is appropriate, give both parties written notice describing the allegations, the process, the records that will be kept, and the circumstances in which an informal resolution would stop the parties from resuming a formal process. Both parties must agree to begin, and both must give voluntary written consent to a final agreement. Either party may end the process at any time before finalizing an agreement. The notice must tell you that you have the right to withdraw and “resume an investigation and formal resolution process at any time prior to agreeing to an informal resolution”. The investigation time frame is paused while the process runs, and the Coordinator must reevaluate progress “every thirty (30) days”. Once finalized, the agreement is binding and the allegations are deemed resolved.

Sanctions, bars and transcript notations for students

Student sanctions range from a warning to suspension or expulsion from CUNY. When a penalty is expulsion or suspension for one term or more, the respondent “must be barred from admission to, or attendance at, any other unit of CUNY while the penalty is being served”.

Withdrawing with charges pending

A student who withdraws is not exempt from an investigation or adjudication that began before the withdrawal. The student is barred from attending any other CUNY college or unit until the matter is complete or otherwise resolved. The college must place a transcript notation that the student “withdrew with conduct charges pending”. If the student does not appear at a later hearing, the college may proceed in absentia and the decision and sanction are binding, pending appeal. A finding of not responsible removes the notation. A student who transfers within CUNY while an investigation is pending stays with the college that began it until the investigation is complete.

Notations after findings and when they can be removed

If a student is found responsible and the penalty is suspension or expulsion, the college must note on the transcript that the student “was suspended [or expelled] after a finding of responsibility for a code of conduct violation”. For other cases the respondent may request removal of a notation from a finding of responsibility “after four years from the date of the conclusion of the disciplinary proceeding, or one year after the conclusion of any suspension, whichever is later”. An expulsion for a Clery Act crime of violence, including sexual assault, is not removed. A notation must be removed if the finding is vacated. The policy notes that student disciplinary records are kept permanently under CUNY’s records schedule.

Supportive measures, No Contact Orders and emergency removal

Supportive measures are non-disciplinary, non-punitive services, available to complainants, respondents and others, whether or not a complainant goes forward. Examples include academic changes, housing changes, escorts, counseling, and No Contact Orders. A No Contact Order bars intentional contact between named people, and the Chief Student Affairs Officer issues them for students. Violating one is itself a policy violation that can lead to discipline.

Emergency removal is allowed only “in exceptional circumstances, where a respondent presents an immediate threat to the physical health or safety of any student or other individual arising from a report of Sexual Misconduct”. Before removal, the President or designee must do an individualized safety and risk analysis. The college must give the student respondent notice and an opportunity to challenge the decision immediately after removal, and must notify both parties at the same time of the removal and of when it is lifted.

Either party may ask for a prompt review of supportive measures that affect them, including No Contact Orders and emergency removal. For students the request goes in writing to the Chief Student Affairs Officer, with any supporting evidence. The policy says “All requests will be reviewed within seven (7) days after receipt.”

Article XV, Section 15.4 separately contains an emergency suspension provision. It lets a president suspend a student temporarily in emergency or extraordinary circumstances pending a hearing “within not more than twelve (12) calendar days, unless the student requests an adjournment”, for conduct that interferes with the operation of the college. Because the Section 15.4 clause above sends sexual misconduct allegations to the policy’s procedures, ask your college in writing which provision any interim action was taken under. The policy’s own emergency removal provision refers to “applicable CUNY Bylaws and policies”.

Appeals

Appeal of a Title IX determination

Either party may appeal the Adjudication Committee’s determination of responsibility, the penalty, or both. The grounds are procedural irregularity that affected the outcome, new evidence not reasonably available at the hearing that could affect the outcome, a conflict of interest or bias that affected the outcome, or a disproportionate penalty. The Appeal Committee may modify the penalty or remand for a new hearing.

Notice of Appeal: a written notice to the University Title IX Director “within fifteen (15) days after the delivery of the written determination of responsibility”. The Director notifies the other party within five days and instructs the college to provide the hearing recording.
Written appeal: due to the Director “within fifteen (15) days after the delivery of the hearing recording”. The Director passes it to the other party within five days.
Response: the other party’s response is due within fifteen days after delivery of the appeal.
Decision: a written decision “within fifteen (15) days of receipt of the non-appealing party’s written submission or failure to provide a submission”, sent to both parties at the same time.

The Appeal Committee is three members of the CUNY-wide Panel, and members who served on the hearing committee for that matter do not serve on the appeal. Conflict or bias claims are treated as waived unless raised on time under Section X-D, which requires a written request to the University Title IX Director within five days of notification that the person will be involved.

Appeal of a dismissal

Either party may appeal the dismissal of a Title IX Formal Complaint on three grounds: a procedural irregularity that affected the outcome, new evidence not reasonably available when the dismissal was made, or Coordinator conflict of interest or bias that affected the outcome. The appeal goes to the University Title IX Director “in writing within five (5) days after the delivery of the written dismissal notice”. The Director notifies the other party within five days, and that party’s statement is due “within five (5) days after the delivery of written notice from the University Title IX Director”.

The Director issues a written decision “within fifteen (15) days of the receipt of the appeal or within fifteen (15) days of the receipt of the opposing party’s submission, whichever is longer”. The implementation memo describes the same timing as whichever is “later”. Use the date stated in your own decision letter. The Coordinator must wait for the appeal decision before taking further action on the matter as a non-Title IX case.

Appeals on the non-Title IX track

See the non-Title IX section above for the complainant’s appeal of an unsubstantiated finding, with its fifteen-day deadline. Appeals of Adjudication Committee determinations follow Section X-E, described above.

CUNY college pages

Each college page covers that campus’s Title IX office, reporting routes and resources.

More guides for New York schools: New York Title IX lawyer.

FAQ

Can a lawyer be my advisor?
Yes. The policy gives each party the right to an advisor of their choice “who may be an attorney”, at their own expense, throughout the process including meetings and hearings. If you plan to appear at a hearing with an attorney, you must give the college five days’ notice of the attorney’s name and contact information. Only advisors, not parties, conduct cross-examination at a Title IX hearing.

How long do I have to appeal?
It depends on what you are appealing. For a Title IX determination, the Notice of Appeal is due “within fifteen (15) days after the delivery of the written determination of responsibility”. For a dismissal, the appeal is due “within five (5) days after the delivery of the written dismissal notice”. Days are counted as the policy defines them. Use the dates in your own decision letter and confirm with your college’s Title IX office.

Which office handles my case?
Your college’s Title IX Coordinator oversees the investigation. Hearings and appeals are decided by committees from the CUNY-wide Panel, and the University Title IX Director receives appeals and arranges those committees. Your notice and your college’s page name the campus offices involved.

What if my case is not treated as Title IX?
It goes forward as a non-Title IX Sexual Misconduct matter under Section XII. That track has its own investigation, report review by the College President and Chief Student Affairs Officer, and disciplinary hearing, and it still carries the rights in Section X-A, including an advisor who may be an attorney. A dismissal of a Title IX complaint does not end the matter if the Coordinator decides the allegations continue as non-Title IX. Ask for the track in writing.

Does Article XV apply to me?
Not to allegations under the Policy on Sexual Misconduct. Section 15.4 says the procedures for those allegations, including student discipline, are those in the policy “and not this bylaw 15.4”. Article XV can still apply to other student conduct matters that are not brought under the policy. Ask your college which rules your notice relies on.

Which version of the policy applies to me?
The 2020 policy applies to conduct alleged to have occurred on or after August 14, 2020, and the Baruch College page says it replaced the rescinded 2024 policy for open and future Title IX matters. Because older documents may still be posted, ask the Title IX office to confirm in writing the policy and version in your notice.

Legal Review: Reviewed by Attorney T. Matthews, Esquire

Disclaimer

This page is general educational information, not legal advice. Reading it does not create an attorney-client relationship. This site is not affiliated with or endorsed by the City University of New York or any of its colleges. Rules and policies change, so confirm every deadline against your own notice, the currently posted documents, and your college’s Title IX office.

CUNY Title IX Lawyer: Sexual Misconduct Process for Students

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