When accused of sexual misconduct at one's college or university, a fundamental consideration since changes in federal law took effect on August 14, 2020, is whether the case will be addressed and adjudicated under Title IX, or will be outside of Title IX's scope and instead addressed and adjudicated under a school's "non-Title IX" sexual misconduct policies.
The reason being that although the scope of Title IX was narrowed due to the Title IX Final Rule which went into effect on August 14, 2020, the Title IX Final Rule itself arguably encourages schools to continue to aggressively address sexual misconduct allegations against accused students under code of conduct and other school policies created for this specific purpose.
Whether or not Title IX will apply, and often this determination will not be made until a certain stage of a college sexual misconduct case due to the need for an investigation and related steps, students and parents often have many questions and concerns when faced with sexual misconduct allegations at their college or university, and that is to be expected.
College Sexual Misconduct Cases Must be Effectively Navigated
Because of the distinction between Title IX and non-Title IX college sexual misconduct cases, an arguable gray area now exists which must be effectively navigated, in addition to bearing in mind the potential lesser protections for cases that fall outside of Title IX. This is why it is all that more important for an accused student and his or her family to have the necessary support from as early as possible in the process.
It is unfortunate, however, that colleges and universities in most instances fail to properly inform an accused student of what is involved and what is at stake in such matters, and also fail to recognize and protect an accused student's rights and interests throughout the disciplinary process.
You Need to Look Out for Yourself
Because so much is involved and so much is at stake, taking the necessary steps both as early as possible and at every step of the way is critical to success for an accused student. As college and university sexual misconduct cases will often now be addressed and adjudicated under policies outside the scope of Title IX, and despite not having the same protections afforded by the Title IX Final Rule, college sexual misconduct cases can be won, but only by making the best informed decisions as soon as the concern comes to an accused student's attention.
With that in mind, the following are frequently asked questions for cases addressed and adjudicated outside of Title IX's scope, and which are intended to help accused students and their parents through what can be the most challenging time in their lives. Remember that you are not alone, and under no circumstances should you go it alone.
Attorney Joseph D. Lento has helped countless clients facing the same and similar concerns at more than a thousand colleges and universities across the United States and he can help you. Contact the Lento Law Firm today for help at 888-535-3686.
College Sexual Misconduct Defense Frequently Asked Questions
- Do university sexual misconduct policies apply to acts by university faculty committed that were not within the context of their employment?
- How should I respond if I am accused of sexual assault under my university's sexual misconduct policy?
- I am being accused of a university sexual misconduct violation. Should I file a counterclaim against my accuser?
- I broke up with someone at college and they accused me of being sexually inappropriate. I am innocent, how do I prove it?
- I engaged in inappropriate behavior at a college party, but not rape or anything serious. How could my university try to punish me, and what can I do?
- If a college decides that I sexually assaulted another student in a sexual misconduct case, will there be a mark on my transcript?
- If I was notified I am being charged for violating my college's sexual misconduct policy, should I speak with college administrators?
- If I was notified that I am being charged for violating my university's sexual misconduct policy, should I speak with law enforcement?
- If I was notified that I am being charged for violating a university sexual misconduct policy, should I speak with campus police?
- In a college sexual misconduct case, should I talk to the college? Will the police use what I say against me?
- Is there a difference between the standard of proof required for a criminal court case versus what is required in a university sexual misconduct case?
- Should I communicate with college administrators if I was accused of campus sexual assault under my college's sexual misconduct policy?
- Should I hire an attorney or work with a college-provided advisor if I was accused of campus sexual assault under my college sexual misconduct policy?
- Should I respectfully remain silent if I am accused of campus sexual assault under my college sexual misconduct policy?
- What are my rights if I am a student who was accused of sexually assaulting another student under my college sexual misconduct policy?
- What are the consequences if I a student does not receive affirmative consent prior to engaging in sexual activities under their college sexual misconduct policy?
- What are the possible penalties for campus sexual assault allegations in a college sexual misconduct case?
- What can happen to an international student if accused of misconduct under a college sexual misconduct policy?
- What happens if a college decides that I sexually assaulted another student under my college sexual misconduct policy?
- What happens if university faculty is accused of a violation under a university sexual misconduct policy?
- What happens when a student is charged with sexual exploitation under a college sexual misconduct policy?
- What if the accuser is claiming they were intoxicated or incapacitated under their college sexual misconduct policy?
- What is required to meet the requirement of a "yes means yes" policy in a college sexual misconduct case?
- What should I do if I am a student who was accused of sexually assaulting another student under my college sexual misconduct policy?
- Will the college ensure a fair process if I am a student who was accused of sexually assaulting another student in a sexual misconduct case?
- Will the use of alcohol or other drugs affect the outcome of a student sexual misconduct complaint in a college sexual misconduct case?
Nationwide College Sexual Misconduct Defense
It is critical to understand that college sexual misconduct cases can be won but only by having a calculated approach, an effective strategy, and by mounting the strongest possible defense, and attorney Joseph D. Lento has fought to ensure a fair process and a favorable outcome on behalf of countless students and others in academia who have been accused of sexual misconduct at colleges and universities nationwide.