I am being accused of a university sexual misconduct violation. Should I file a counterclaim against my accuser?

It depends. If you're being falsely accused by your accuser, then in most instances it would be best to file a counterclaim. There are additional considerations, however. Because the sexual misconduct case would be being adjudicated at the school, a potential concern would be by filing a counterclaim can that, say, encourage the complainant to go to the police to try to pursue a criminal case, whether they would have a leg to stand on or not, it's a consideration.

It depends on the circumstances. If an accuser is making allegations against the person, and if they're not false in nature, if it's perhaps a difference of perspective or interpretation, then a counterclaim may not be appropriate, but there definitely are going to be instances where a counterclaim can protect an accused party's interest. An experienced attorney advisor can help best judge as to what would be most appropriate and can most importantly protect a party's interest through the process.

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If you, or your student, are facing any kind of disciplinary action, or other negative academic sanction, and are having feelings of uncertainty and anxiety for what the future may hold, contact the Lento Law Firm today, and let us help secure your academic career.

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