Can a university discipline a student for sexual misconduct even if the student is not convicted of a crime?

 

The answer is almost unequivocally yes. The school proceeding is a completely separate proceeding from any criminal proceeding. A school proceeding often moves much more quickly than a criminal case, so the school case often would take place much earlier in time than a criminal case would. The argument could be made, if the student is found responsible in a Title IX sexual misconduct case at the school and is later, say, found not guilty in a criminal case, that the decision of the school should be, say, overturned or reconsidered.

Arguably though, if a student is not found guilty in a criminal court does not mean that they did not in fact commit the crime or the offense. It's just that it means that they were found not guilty. That's a very complicated consideration. That's why an experienced attorney/advisor needs to be involved in the Title IX case from the start to help protect the student's rights and interests, to gauge the case, to advise a client as to what's going to be in their best interest. You have to take the necessary steps. Having someone in your corner from the start is critical.

Contact Us Today!

footer-2.jpg

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 our offices today, and let us help secure your academic career.

This website was created only for general information purposes. It is not intended to be construed as legal advice for any situation. Only a direct consultation with a licensed Pennsylvania, New Jersey, and New York attorney can provide you with formal legal counsel based on the unique details surrounding your situation. The pages on this website may contain links and contact information for third party organizations – the Lento Law Firm does not necessarily endorse these organizations nor the materials contained on their website. In Pennsylvania, Attorney Joseph D. Lento represents clients throughout Pennsylvania's 67 counties, including, but not limited to Philadelphia, Bucks, Chester, Delaware, Montgomery, Berks, Lancaster, Lehigh, and Northampton County. In New Jersey, attorney Joseph D. Lento represents clients throughout New Jersey's 21 counties: Atlantic, Bergen, Burlington, Camden, Cape May, Cumberland, Essex, Gloucester, Hudson, Hunterdon, Mercer, Middlesex, Monmouth, Morris, Ocean, Passaic, Salem, Somerset, Sussex, Union, and Warren County, In New York, Attorney Joseph D. Lento represents clients throughout New York's 62 counties. Outside of Pennsylvania, New Jersey, and New York, unless attorney Joseph D. Lento is admitted pro hac vice if needed, his assistance may not constitute legal advice or the practice of law. The decision to hire an attorney in Philadelphia, the Pennsylvania counties, New Jersey, New York, or nationwide should not be made solely on the strength of an advertisement. We invite you to contact the Lento Law Firm directly to inquire about our specific qualifications and experience. Communicating with the Lento Law Firm by email, phone, or fax does not create an attorney-client relationship. The Lento Law Firm will serve as your official legal counsel upon a formal agreement from both parties. Any information sent to the Lento Law Firm before an attorney-client relationship is made is done on a non-confidential basis.

Menu