Have You Been Accused of College Sexual Misconduct?
Are you a student who has been accused of college sexual misconduct? College sexual misconduct can lead to disciplinary action such as suspension or expulsion, not to say anything of potential criminal charges which are handled outside of the school, by law enforcement. All of these can lead to serious consequences down the line for you and so you should consider consulting with an attorney-advisor who is committed to fighting to protect your rights.
What Do the Title IX Changes Mean for College Sexual Misconduct Allegations?
In the past, many sexual misconduct allegations fell under Title IX, however, on May 6, 2020, the Department of Education released new regulations that narrow the scope for Title IX investigations. Betsy DeVos, tweeted: “Our new #TitleIX rule provides new and meaningful protections for survivors of sexual harassment/assault & balances the scales of justice on campuses across America:” In a similar vein, Robert Shibley, the executive director of FIRE stated in a press release, “Today, we won an important victory. But our work is not over. We will continue to fight to ensure that students are afforded the rights now guaranteed to them when they return to campus this fall.”
While the Title IX changes seem at first glance to tip the scales, many colleges have stated their intentions to continue to pursue college sexual misconduct allegations with the same level of severity. The difference is that they will do so under the umbrella of their Code of Conduct or Student Handbook. This shift means that it's important to understand your rights and to take decisive action to protect your future.
What Should I Do If I'm Accused of College Sexual Misconduct?
If you are accused of college sexual misconduct, there are several steps that you should consider right away. You might be surprised with the charge, as you might have thought that an interaction was consensual. It's important that you follow the steps below.
- Don't answer any questions or communicate with anyone about the case.
You have the right to remain silent and do not have to communicate with Campus police. It's also best to not discuss your case with anyone at the school. Not your friends, your faculty, public safety. Be respectful, but do not speak about the case.
- Do not contact your accuser
This is almost like an extension of the statement above. You might want to reach out to your accuser; However, you should not do so, nor should you answer any contact that they initiate. Any interactions you have could be used during the college sexual misconduct investigation.
- Contact a College Sexual Misconduct advisor immediately
If there is going to be a college sexual misconduct investigation and hearing, under a North Carolina college or university's Code of Conduct, you want to fight for the best possible outcome from the beginning. You want someone who has successfully defended /college-sexual-misconduct-north-carolinathese types of cases before, so that they can advise you on the best possible course of action to protect your rights.
- Review and understand your school's Student Handbook, Code of Conduct
Each college and university will have its own process for how they investigate and address sexual misconduct. These differences in policy will impact how your case proceeds. For example, some colleges in North Carolina may follow a standard of evidence such as a “preponderance of evidence” or they may opt to require the burden of proof and use a more standard “clear and convincing evidence” for their hearings. By reviewing your school's particular disciplinary policies and procedures found within the Student Handbook, you can better understand your rights and obligations as a respondent at your college.
- Record and document everything
If you are facing disciplinary proceedings for sexual misconduct, you'll want to make certain that you gather all of the necessary facts and records that can assist your case. Your experienced attorney-advisor can assist with determining whether the information you share and the evidence you uncover will strengthen or weaken your defense.
The Role of an Attorney Advisor
An experienced attorney-advisor can help you as you navigate your high-stakes college sexual misconduct investigation and disciplinary process. Their experience defending students in similar cases allows them to make strategic decisions on your behalf. They can help you prepare for the hearings and interviews that your college holds, and they can also, if necessary, negotiate with the school's attorney so that there is a mutually agreed upon resolution.
A more thorough investigation
An attorney-advisor can help you determine what is relevant evidence for your case. This could include items such as text messages and social media communication between you and the accuser, voicemail recordings, witnesses who can testify on your behalf, and any other items that are pertinent. Sometimes colleges rush through proceedings due to external pressure. With a decision as important as this one, an attorney-advisor can work on your behalf to ensure that the proceedings are fair and balanced. They can also hold the university accountable to their own rules and regulations.
Consequences of College Sexual Misconduct Allegations
College sexual misconduct allegations can have a significant impact on your life. In the immediate term, if the college decides to take disciplinary action based on their findings, you could be facing suspension or expulsion from the school. Their findings could be recorded on your permanent academic record, which might make it hard to get accepted to a new school. Additionally, students sometimes lose their financial aid when this occurs, as they are no longer registered for the necessary amounts of credits to maintain their full-time status.
In the long term, you could lose opportunities to attend graduate school or possibly to get a job, depending on the field. The allegations could also lead to further criminal or civil charges off-campus that might result in jail time, fines, or having to register as a sex offender. You do not want your reputation to take this hit.
Experienced North Carolina College Sexual Misconduct Advisor
Joseph Lento has unparalleled Title IX experience, which is what this type of allegation was often handled under in the past, and he has fought hundreds of these types of cases and Code of Conduct cases as well. Sexual misconduct is a serious charge and its implications far-reaching. Students want to make sure they have the best on their side to help protect their rights and their future. Contact Lento Law Firm online today or call us at 888-535-3686.
North Carolina colleges and universities where Joseph D. Lento can help as your or your student's college sexual misconduct advisor during investigations, hearings, and appeals include, but are not limited to, the following schools:
- Alamance Community College
- Apex School of Theology
- Appalachian State University
- Asheville Buncombe Technical Community College
- Barton College
- Beaufort County Community College
- Belmont Abbey College
- Bennett College for Women
- Bladen Community College
- Blue Ridge Community College
- Brevard College
- Brunswick Community College
- Cabarrus College of Health Sciences
- Caldwell Community College and Technical Institute
- Campbell University
- Cape Fear Community College
- Carolina Bible College
- Carolina Christian College
- Carteret Community College
- Catawba College
- Catawba Valley Community College
- Central Carolina Community College
- Central Piedmont Community College
- Chowan University
- Cleveland Community College
- Coastal Carolina Community College
- College of the Albemarle
- Craven Community College
- Davidson College
- Davidson County Community College
- DeVry University North Carolina
- Duke University
- Durham Technical Community College
- East Carolina University
- Edgecombe Community College
- Elizabeth City State University
- Elon University
- Fayetteville State University
- Fayetteville Technical Community College
- Forsyth Technical Community College
- Gardner Webb University
- Gaston College
- Grace College of Divinity
- Greensboro College
- Guilford College
- Guilford Technical Community College
- Halifax Community College
- Harrison College
- Haywood Community College
- Heritage Bible College
- Isothermal Community College
- ITT Technical Institute Cary
- ITT Technical Institute Charlotte North
- ITT Technical Institute Charlotte South
- ITT Technical Institute Durham
- ITT Technical Institute High Point
- James Sprunt Community College
- Johnson & Wales University Charlotte
- Johnson C Smith University
- Johnston Community College
- King's College
- Laurel University
- Lees McRae College
- Lenoir Community College
- Lenoir Rhyne University
- Living Arts College
- Livingstone College
- Louisburg College
- Mars Hill University
- Martin Community College
- Mayland Community College
- McDowell Technical Community College
- Meredith College
- Methodist University
- Mid Atlantic Christian University
- Miller Motte College
- Miller Motte College Cary
- Miller Motte College Fayetteville
- Miller Motte College Greenville
- Miller Motte College Raleigh
- Miller Motte College Wilmington
- Mitchell Community College
- Montgomery Community College
- Montreat College
- Mount Olive College
- Nash Community College
- New Life Theological Seminary
- North Carolina A & T State University
- North Carolina Central University
- North Carolina State University at Raleigh
- North Carolina Wesleyan College
- Pamlico Community College
- Pfeiffer University
- Piedmont Community College
- Piedmont International University
- Pitt Community College
- Queens University of Charlotte
- Randolph Community College
- Richmond Community College
- Roanoke Chowan Community College
- Robeson Community College
- Rockingham Community College
- Rowan Cabarrus Community College
- Saint Augustines College
- Salem College
- Sampson Community College
- Sandhills Community College
- Shaw University
- Shepherds Theological Seminary
- South College Asheville
- South Piedmont Community College
- Southeastern Community College
- Southwestern Community College
- St. Andrews University
- Stanly Community College
- Surry Community College
- The Art Institute of Charlotte
- The Art Institute of Raleigh Durham
- Tri County Community College
- University of North Carolina at Asheville
- University of North Carolina at Chapel Hill
- University of North Carolina at Charlotte
- University of North Carolina at Greensboro
- University of North Carolina at Pembroke
- University of North Carolina at Wilmington
- University of North Carolina School of the Arts
- University of Phoenix Charlotte Campus
- University of Phoenix Raleigh Campus
- Vance Granville Community College
- Wake Forest University
- Wake Technical Community College
- Warren Wilson College
- Wayne Community College
- Western Carolina University
- Western Piedmont Community College
- Wilkes Community College
- William Peace University
- Wilson Community College
- Wingate University
- Winston Salem State University
It is critical to make certain the college sexual misconduct investigation at your North Carolina school is handled properly and that the accused student's interests are protected from as early as possible during the sexual misconduct investigative process. One major reason is because even at colleges and universities where a finding of responsibility for sexual misconduct charges is made at a hearing, the investigation will set the stage for what the hearing panel is provided prior to a hearing (and what the hearing panel will in large part rely on at a hearing), and at schools where the finding of responsibility is made solely through the investigative process, what takes place during the investigation itself will determine whether the accused is found responsible or not responsible for college sexual misconduct charges.
Unfortunately, some students, families, and college employees make the mistake of not taking the necessary precautions as soon as possible when accused of sexual misconduct at college. Some people will mistakenly believe that if they "just explain what happened," their college or university will be fair and impartial and will arrive at the truth. In a perfect world this may be the case, but in a perfect world, sexual misconduct cases would not exist.
Fighting passionately for the future of his clients at universities and colleges throughout the nation for many years, Joseph D. Lento knows how important it is to mount the strongest defense because he understands that an accused's academic and professional future is on the line. He does not settle for the easiest outcome, and instead prioritizes his clients' needs and well-being. Joseph Lento is a licensed attorney in New Jersey and New York, is admitted as an attorney pro hac vice in state and federal court if needed when representing clients nationwide, and serves as a college sexual misconduct advisor to students and others in academia facing sexual misconduct investigations and Title IX disciplinary cases in North Carolina and throughout the nation. Make certain your or your student's interests are protected - Contact National College Sexual Misconduct Attorney Joseph D. Lento today at 888-535-3686 or by completing our online form.
