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If a New York college has accused you of sexual assault, first find out which process is underway, get the written allegations and deadlines, and avoid contacting the reporting person or witnesses about the matter. A campus conduct case and a police investigation are separate proceedings; if law enforcement contacts you, seek advice from a criminal-defense attorney before answering substantive questions. The steps and rights that apply depend on your college’s current policy and whether a federal Title IX grievance process covers the case.
What to do first
- Identify the process and the person handling it. Check who sent the notice and whether it refers to a Title IX grievance process, another student-conduct procedure, a police or prosecutor inquiry, or more than one track. Do not assume that a campus complaint automatically invokes Title IX.
- Ask the college for the documents and dates that govern your case. Request the written allegations, the applicable policy and its version date, the response schedule and deadlines, any interim restrictions, how and when you may review evidence, the advisor’s permitted role, and the available appeal process. Ask for answers in writing. New York’s Office for the Prevention of Domestic Violence (OPDV) advises people seeking school-specific procedures to contact the institution directly: “For more specific information on a particular college or universities’ policies and procedures, please contact the school directly.”
- Preserve relevant material in its original form. Keep potentially relevant messages, records, and other material without deleting, altering, or selectively publishing it. Ask an independent lawyer how to handle material whose relevance or privacy is unclear.
- Do not contact the reporting person or witnesses about the allegation. That includes contact through friends or social media. Do not post about the matter or try to investigate by pressuring other people. Follow any school no-contact direction or other interim restriction, and ask the college promptly if its meaning is unclear.
- Get independent legal advice before giving a substantive response. Consult an attorney licensed in New York who can advise on college conduct proceedings; if police or prosecutors are involved, seek criminal-defense advice as well. Ask counsel how to handle school communications while any law-enforcement inquiry is active. The right approach depends on the facts and the procedures involved.
Which process may be involved?
There is no single uniform “New York college process.” A school may use its student-conduct rules, a Title IX grievance procedure when applicable, or more than one campus procedure. A criminal inquiry is a separate track run by law enforcement and prosecutors, not the college. The comparison below describes the general distinction; it does not predict the rules or outcome in an individual case.
| Track | Who runs it | What to establish |
|---|---|---|
| College conduct process | The college, under its conduct policy and applicable New York requirements | Which policy applies, the response and evidence-review deadlines, the advisor’s role, possible interim restrictions, and review or appeal options. |
| Federal Title IX grievance process | The college, if the allegations and proceeding fall within the federal grievance framework | Whether Title IX applies to this case and which current school procedure governs notice, evidence review, hearing, advisor participation, and appeal. |
| Criminal justice process | Police, prosecutors, and, if charges proceed, the court | Whether law enforcement is seeking information and how to obtain advice from a criminal-defense attorney before answering substantive questions. |
A statement or result in one track should not be assumed to decide the other. New York’s statutory materials recognize both institutional conduct procedures and the criminal-justice process; ask counsel how communications in one setting may affect the other.
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New York Education Law Article 129-B, commonly called “Enough is Enough,” establishes campus-response requirements for covered institutions. Its statutory framework includes proper notice, an opportunity to offer evidence and witnesses, an advisor of choice who may assist and advise during the conduct process, and at least one level of appeal. These are process protections, not a promise about the result or a guarantee that every school uses the same hearing format, evidence rules, timeline, or questioning method.
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The statute distinguishes a person accused before entering the institutional process from a respondent who has entered it. Your notice and the school’s policy should clarify the terminology and where you are in the procedure. Request the current written policy rather than relying on a general summary of state law: OPDV directs students to their particular college for specific procedures.
Federal Title IX status as of October 3, 2026
The U.S. Department of Education’s Title IX overview states that a federal district court vacated the 2024 Title IX final rule on January 9, 2025, and that the 2020 regulations returned as the basis for Office for Civil Rights enforcement. On September 28, 2026, the Department announced that it had formally rescinded the 2024 rewrite and reinstated the 2020 regulation in the Code of Federal Regulations. This is a date-specific description: federal regulations and court orders can change, so check the Department’s current materials and your college’s policy when acting on a case.
The 2020 rule materials describe written notice, an advisor of choice, an opportunity to present and review evidence, a live hearing with questioning conducted by advisors in covered postsecondary grievance procedures, a written determination, and an equal opportunity to appeal. Those features apply only when the federal Title IX grievance framework covers the case and as implemented by current school procedures. Ask the college to state in writing whether it is using that process and which procedure applies.
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- What are the exact allegations, and which policy provisions are being considered?
- Which procedure is being used: Title IX, another conduct process, or both?
- What are the next deadlines, and how can I request an extension?
- When and how can I review the evidence, and what are the rules for submitting material or identifying witnesses?
- May I choose an advisor, and what may that advisor do at meetings or a hearing?
- Are interim restrictions in place, how long do they last, and how can I ask the school to review them?
- What written decision and appeal options are available under the policy?
These questions help identify the procedure that controls your case; the answers depend on the institution and the particular proceeding.
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