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:
What Are My Rights When Accused of Sexual Misconduct?
One of the first things to understand if you’re accused of sexual misconduct at a university is that you have specific rights throughout the investigation and hearing processes. If you attend a public university, your right to due process is constitutionally protected. This means that the school must provide you — at a minimum — with notice of the allegations and a meaningful opportunity to respond to allegations and present evidence on your behalf. In some parts of the country, courts have held that due process requires even more, like an opportunity to cross-examine your accuser.
Private universities are not directly bound by the same constitutional requirements, so your rights there will depend on a variety of factors. At a minimum, however, in any case involving an allegation of sexual misconduct, you have the right to an advisor of your choice — including an attorney — present with you at any meeting or hearing related to your case. This is an important right because this person can help you understand both the laws and university policies that apply in your case, helping you navigate a complex process and ensure that your rights are respected.
If your case falls under Title IX, there are federal regulations that require your university to provide you with certain rights. At a minimum, these rights 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.
- The right to propose questions to be asked to the other party.
- The right to an unbiased investigator and decisionmaker.
If your case doesn’t fall under Title IX, then your rights at a private university will depend on the university’s own procedures for handling complaints. Private universities are contractually bound to follow their own policies, so it is very important to know what rights your university affords you under its policies.
How Does the Process Work?
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.
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. If you have further questions or are currently facing a sexual misconduct accusation, please don’t hesitate to contact the skilled student rights lawyers here at Allen Harris.
