Innocent until proven guilty. It's a phrase that seems foundational to the way we mete out justice. And it often is — at least on paper.

Many college due process policies explicitly state that alleged rule violators aren't considered responsible for their violations until a certain amount of evidence shows that to be the case.

Unfortunately, in practice, many colleges are taking shortcuts or exhibiting clear bias when investigating alleged cases of sexual assault.

This results in irreparable harm to innocent students when sexual assault claims against them are determined false…only after a crushing disciplinary process.

Frustrating USF Sexual Assault Case Results in Lawsuit

In October of 2022, U.S. District Judge Mary S. Stenson denied University of South Florida its Motion to Dismiss a sexual assault lawsuit. A former University of South Florida student had sued the school after an unfair, reputation-ruining disciplinary process. This decision favors the student and allows the case against USF to move forward.

This case began with a Title IX complaint centered around reported sexual assault. A female peer allegedly entered the student's room on the night in question, took off his shirt, expressed interest in, and initiated sexual activity.

One hour later, she told some friends that she “might have been sexually assaulted.” She later filed a Title IX complaint.

As the Title IX proceedings played out, school officials undermined the male student's ability to experience a fair hearing in several ways:

• The school officials did not allow the student to review the case file.
• The school also did not allow him to cross-examine his accuser.
• The school even revoked his right to appeal.
• Even more damning: During its proceedings, USF misinterpreted its definition of consent (with regards to ‘ongoing affirmative consent') in a way that specifically made the male student's account weaker.

As the accused student is Black, some wonder whether aspects of these due process violations were racially motivated. Black men are substantially overrepresented in the population of people who file lawsuits citing due process violations.

Regardless of your specific situation, if you're facing discipline for sexual misconduct, you could be at risk for frustrating, unfair proceedings. You need to act now to protect yourself. Retaining Title IX attorney Joseph D. Lento is the single best step you can take!

Worried About Your Due Process Rights? Call the Lento Law Firm Today

The USF lawsuit is far from the only one of its kind.

This happens to students every day. If it seems like it could be about to happen to you or someone you love, the time to take action is now.

Joseph D. Lento and the Lento Law Firm represent students nationwide. We're passionate about ensuring students have a strong defense, skilled representation, and a fair chance to tell their story and clear their name.

Contact our team today to learn more about your options. You can reach us online or call our offices at 888.535.3686.