Are You Facing a College Sexual Misconduct Complaint?

If you are a UIC student facing Sexual Misconduct allegations, the first step is to find a Title IX attorney to help you understand your rights and the fine details of new and existing regulations. Sexual Misconduct charges can have serious consequences for your academic career and future professional opportunities. The charges may not be easily dismissed or explained away, even if you think it was all a misunderstanding. Universities often move quickly to address any Sexual Misconduct mandatory reporting or complaints, often at the expense of a fair process for the accused. An experienced Title IX attorney knows how the New Rule (formally known as the "Title IX Final Rule") has impacted UIC Sexual Misconduct policies and the best strategy to obtain a positive outcome for you in your case.

UIC Rules On Cases Excluded By Narrower Scope Of The New Title IX

The New Title IX offers students accused of Sexual Misconduct better legal protections, but pertains to fewer cases due to its narrower Title IX scope and definition. The Final Rule explicitly states that Sexual Misconduct allegations against students or employees that do not fall under Title IX jurisdiction may be handled “in any manner the school chooses.” In fact, many colleges have stated their intentions to continue to pursue college Sexual Misconduct allegations with the same level of severity, despite the new federal regulations. Each school has its own specific policies and procedures of governance for Sexual Misconduct cases, which come into play for non-Title IX cases.

Understanding UIC's Title IX And Non-Title IX Sexual Misconduct Policies

As a Respondent defending against Sexual Misconduct allegations, it's imperative that you have a thorough understanding of the investigative process. You need to understand who has the authority to rule on your case, what sanctions they may impose, and how to appeal any part of the process that violates your rights. An overview of UIC's Sexual Misconduct policies and resources is provided on the Office of the Provost’s Equal Opportunity Programs website. The university will address Sexual Misconduct under one of two policies: Title IX Cases adhere to the Title IX Sexual Harassment Policy, and the Policy on Harassment, Discrimination, and Sexual Misconduct is applied to non-Title IX Cases. Since non-Title IX cases follow the university's general Code of Conduct, the Policy on Harassment, Discrimination, and Sexual Misconduct may also be found in your UIC Student Manual.

Helpful Policy Summaries And Specific Respondent Support

The Equal Opportunity Programs site also provides Educational Materials where you can find the Student Fact Sheet, “What Students Need To Know.” The Student Fact Sheet clearly summarizes important policy information, including how to distinguish between Title IX and Non-Title IX cases and a flowchart that illustrates the different procedural pathways a case may follow depending on specific factors of the case. Respondent Student Resources provides details and contact information for emotional support or academic accommodations that you may need to help cope with the stress and disruption of a Sexual Misconduct investigation. A list of supportive measures offered to Respondents includes: academic accommodations, no contact directives, referrals for self-care, assistance with logistical issues related to interim restrictions, and connection to other non-university resources or non-profit organizations. To request Respondent support measures or obtain more information, contact the Deputy Title IX Coordinator for Students.

UIC Sexual Misconduct Policies May Not Favor The Respondent

Universities are given latitude to impose stricter policy rules and sanctions when it comes to Sexual Misconduct charges, and in some instances, UIC has adopted policies that favor the Complainant. Notably, UIC also uses the term “Victim” interchangeably with “Complainant,” which is not the norm for U.S. colleges. UIC defines the “Victim” as a “person alleging to have been subjected to conduct prohibited by this policy and does not imply pre-judgment.” Declaring what a word does not imply does not make it so. No one controls the impact of words on others or the potential triggering of bias. It could be argued that “Victim” usually carries overtones of presupposing the truth of the violation claim, which contradicts the Respondent's due process presumption of innocence. UIC could have avoided this bias if it had used “Alleged Victim” instead of merely “Victim,” or better yet, just used “Complainant,” in step with other universities.

UIC Chooses A Lower Bar For Proving Guilt

UIC has opted for the lower “preponderance of evidence” bar to determine guilt. That only requires the evidence to establish that the Sexual Misconduct allegation is “more likely than not” to be true. UIC's burden of proof standard favors the Complainant. UIC rejected the Department of Education's recommended higher standard of “clear and convincing” evidence, which establishes the truth of a disputed fact by a high probability and protects the rights of the Respondent.

Benefits Of Obtaining An Experienced Advisor To Help In Your Defense

You may obtain an advisor of your choice to accompany you to any related meeting or proceeding. Adjudication of Title IX sexual harassment cases require live hearings in which only the Claimant and Respondent's Advisor is permitted to conduct cross-examination of parties and witnesses. It is highly recommended that you choose an experienced Title IX attorney to be your advisor to help you during the investigation, pre-hearing conference, and hearing. UIC has added a significant stipulation to its “Advisor of Choice” policy that requires university oversight of Attorney-Advisors: “If the support person is a lawyer, a representative of the University’s Office of Legal Counsel also will attend the hearing.” The university oversight requirement signals a somewhat “gloves-off” approach to protecting the letter of the law and signals the importance of building a strong defense. An experienced Title IX and trial attorney, like Joseph D. Lento, is well-versed in Sexual Misconduct policy and court proceedings and will handle your case's cross-examination confidently and expertly.

An Expert Title IX Advisor For UIC Is The Right Choice

If you or a loved one has been accused of college Sexual Misconduct at UIC, you must take the proper steps as early as possible in the process to ensure a fair process and gain a favorable outcome. A Title IX Attorney will protect your due process rights and ensure that the university follows procedures and applies them fairly. If UIC fails to protect your legal rights, your Title IX attorney can help you file a due process lawsuit against the university. Finding the right advisor can make or break your defense. The Lento Law Firm has up to date knowledge of federal Title IX regulations and UIC's Sexual Harassment policies. For many years, Title IX attorney Joseph D. Lento has successfully fought for students' rights while gaining a reputation as one of the country's preeminent experts in student discipline defense.

Contact the Lento Law Firm a call at (888) 535-3686 for a case consultation today. for a case consultation today. They will answer your questions and help you defend your rights.