It depends. If you’re being falsely accused by your accuser, then in most instances it would be best to file a counterclaim. There are additional considerations, however. Because the sexual misconduct case would be being adjudicated at the school, a potential concern would be by filing a counterclaim can that, say, encourage the complainant to go to the police to try to pursue a criminal case, whether they would have a leg to stand on or not, it’s a consideration.

It depends on the circumstances. If an accuser is making allegations against the person, and if they’re not false in nature, if it’s perhaps a difference of perspective or interpretation, then a counterclaim may not be appropriate, but there definitely are going to be instances where a counterclaim can protect an accused party’s interest. An experienced attorney advisor can help best judge as to what would be most appropriate and can most importantly protect a party’s interest through the process.

College Sexual Misconduct Defense FAQs

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