If I lose on campus, how does a college sexual misconduct lawsuit work?

If a student loses on campus, there may be potential recourse, whether a lawsuit is the appropriate course of action or not, it does have to be fully considered. There are many circumstances where a lawsuit may be appropriate. There are many circumstances where a lawsuit may not be appropriate. Depending on if a person goes to a public college or university or a private college or university, that will also impact the potential claims that could be brought forth. A person has a traditional due process under the state and federal constitution at a public institution, a public school that is, at a private school.

Although there's been a shift to some degree as to a student having due process rights, at a private institution is not to the same degree as at a public institution. Often it would be brought under a breach of contract. There would be additional claims for say, a student at a public school, such as under 1983, federal law, the state actor, where there was an adverse impact on the party.

There could be multiple potential claims depending on the circumstances. Whether or not a lawsuit is appropriate course of action does need to be fully considered. You need to consult with an experienced attorney in such matters so that the specific facts of your case and circumstances of your case can be analyzed to see what's going to be most appropriate if you do lose on campus.

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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 the Lento Law Firm today, and let us help secure your academic career.

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