Facing a sexual misconduct allegation in college can be overwhelming, especially given the seriousness of these cases and their potential impact on your future. College students may feel confused, frightened, or unsure about where to turn. Knowing how to navigate this process and understanding your rights is paramount. Continue reading to learn about the key steps to take if you find yourself in this challenging situation and how a Title IX lawyer can help protect your interests. Here are some of the questions you may have:
Immediate Steps to Take if You Are Accused
If you have been accused of sexual misconduct as a college student, it’s critical to understand that the early stages of this process can have a significant impact on the outcome of these circumstances. As such, understanding how to proceed following a notice or complaint is critical to avoiding mistakes or jeopardizing your future.
If you have been accused:
- Do not contact the accuser
- Do not attempt to explain yourself to administrators, whether in person or over email
- Carefully review the notice from the school and identify deadlines
- Preserve all relevant evidence, like messages, pictures, and social media activity
- Contact an attorney before providing statements in meetings or interviews
Failure to take these steps can have significant consequences for you and your educational opportunities.
Why Colleges Handle Sexual Misconduct Allegations
Unfortunately, sexual violence on college campuses is an issue that impacts an estimated 13% of all college students. It’s important to understand that, even if no criminal case arises from sexual misconduct allegations raised on college campuses, the institution is still required to conduct an investigation.
Title IX Requirements
Under Title IX of the Education Amendments of 1972, higher education institutions that receive federal funding are required to address sex-based discrimination. This is because the courts have found that certain types of sexual misconduct can constitute sex-based discrimination. As such, when allegations of misconduct arrive, schools are required to:
- Investigate all reports of sexual harassment or assault
- Take steps to deter this from occurring in the future
- Provide procedures to resolve complaints
Campus Discipline vs. Criminal Court
It’s important to understand that college campuses are not criminal courts, so the proceedings on campus are not used to determine guilt or innocence. Instead, schools will determine whether or not a student has violated the policies of the institution itself. Differences between these processes include:
- Lower standards of proof
- Different evidence rules
- School-appointed investigators
- Sanctions based on education access as opposed to criminal punishment
How Campus Sexual Misconduct Standards Differ From Criminal Law
Because college sexual misconduct proceedings differ from what you might expect during a criminal trial, understanding the differences and the impact is critical.
Affirmative Consent Policies
Most college campuses operate under an “affirmative consent” standard. Essentially, this requires clear, voluntary, and continued consent during the course of the sexual activity. As such, in accordance with this standard:
- Silence cannot be considered consent
- Intoxication can invalidate consent
- Consent can be revoked at any time
How These Standards Impact Accused Students
These standards can, unfortunately, make it difficult for those accused of misconduct to defend themselves. Challenges include:
- Subjective behaviors
- Limited physical evidence
- Strong reliance on credibility
What Are My Rights if I am Accused?
If you are accused of sexual misconduct, it’s important to understand that there are a number of factors that can influence the course of your case. This includes whether you attend a public or private university, whether the case falls under Title IX, and the specific policies of your institution.
Rights in Title IX Proceedings
If your case falls under Title IX, there are federal regulations that require your university to provide you with certain rights. In general, these rights typically include:
- Written notice of the allegations, including the identity of your accuser, the conduct that allegedly violates university policy, and the date and location of the alleged incident
- Access to the evidence gathered during the investigation
- The right to propose questions to be asked of the other party
- The right to an unbiased investigator and decision-maker
However, as mentioned, the specific policies of your college or university may vary, thus impacting the rights you are provided.
Advisor of Choice Under Federal Law
Under the Violence Against Women Act (VAWA), both you, as the accused, and your accuser have the right to any advisor of your choice to guide you during this process, including an attorney.
An advisor can:
- Help interpret the specific policies of your school or institution
- Assist you in preparing statements
- Help you during hearings
Because some schools may limit how much an advisor can assist students during hearings, ensuring you have adequate time to prepare is critical.
Public vs. Private Universities: Why It Matters
As mentioned, the type of college or university you attend can strongly impact the legal protections you are provided as a student accused of sexual misconduct. Typically, public institutions have more protections under the Constitution.
Public Universities
Because public colleges and universities receive federal funding, they are more closely bound to the constitutional rights for due process. This means that, as an accused student, you should receive:
- A written notice of the allegations against you
- The opportunity to be heard in a meaningful manner
- Fair and impartial proceedings
Private Universities
Private universities are not directly bound by the same constitutional requirements, so your rights there will depend on a variety of factors.Generally, these colleges are required to adhere strictly to their own policies and procedures. As such, if you are accused as a student at a private institution, it’s critical to:
- Carefully review your student handbook and conduct code
- Identify deviations
- Ensure that schools actively adhere to their own rules and regulations
How the Sexual Misconduct Process Works
Every university handles sexual misconduct cases somewhat differently, but most cases follow a general process. The steps typically include an investigation, a hearing, and, if necessary, an appeal process.
Investigation
After a complaint is filed, the university’s Title IX office will investigate by gathering evidence, interviewing witnesses, and taking statements from both parties. This process is intended to be thorough and impartial. During this stage, it’s important to cooperate but also to avoid speaking on record without first consulting with your advisor or attorney.
Hearing
Many universities require a live hearing, where both the accuser and the accused may present evidence, call witnesses, and cross-examine the opposing side’s witnesses (sometimes through a third party). This hearing is a critical moment for your defense, and a Title IX lawyer can help ensure your side is effectively represented.
Outcome and Appeals
Based on the investigation and hearing findings, the university will decide whether you are responsible for the alleged misconduct. If you disagree with the outcome, most universities allow you to appeal the decision. Grounds for appeal may include procedural errors, new evidence, or claims that the punishment is unduly harsh.
Common Mistakes Accused Students Make
Being accused of sexual misconduct can be incredibly overwhelming, even for those who have reason to believe they have done nothing wrong. As such, it’s important to understand the most common mistakes that those in this stressful situation often make:
- Providing statements without understanding the allegations against them
- Assuming administrators will remain neutral
- Failing to collect evidence
- Missing deadlines
It can be easy to make mistakes if you have been accused of misconduct. However, you’ll find that taking the time to work with an attorney can help you avoid these errors and fight for your future.
Contact an Experienced Title IX Attorney Today
If you are currently facing a sexual misconduct accusation, please don’t hesitate to contact the skilled student rights lawyers here at Allen Harris. Working with a Title IX attorney throughout this process is highly recommended to ensure procedural protections are maintained and that you have guidance on how to proceed. Contact us today to learn how we can represent you during these difficult times.