In the State of New Hampshire, new legislation going into effect in January will raise the stakes for teachers and students who are accused of sexual assault.

According to Valley News, a New Hampshire publication, the first significant piece of legislation went into effect January 1 and expanded the state's definition of sexual assault specifically to include sexual contact between teachers and any student aged 13-18. The change comes in response to a noted case in which a high school teacher had gone unreported for kissing a 16-year old student because state law considered age 16 to be the age of consent. That teacher was later charged with sexually assaulting another student.

The second piece of legislation bears more weight for college students in particular. Effective January 16, the new law places new requirements on colleges and universities in the state with regard to their sexual misconduct policies. Among the new requirements are to establish institutional training around sexual misconduct awareness and prevention; establishing confidential advisors for victims; publish sexual misconduct policies for students; and cooperate with local law enforcement on investigating and prosecuting sexual assault among students.

Possible Pushback for Relaxed Title IX Regulations?

The timing of this legislation is of particular interest because it comes just months after the federal government made sweeping changes to the rules regarding Title IX sexual misconduct, effectively affording more protections for accused students. While no direct correlation has been made, sexual assault advocacy programs have criticized the new rules for potentially making it more difficult for alleged victims to come forward. With the federal government relaxing its policies, it's not outside the realm of possibility for individual states to compensate by tightening their own regulations. Whether or not it was intentional, New Hampshire seems to have done just that—and in the end, they may not be the first state to do so. While similar legislation has been voted down in four other states so far, at least seven more states will take up the question of stricter rules on sexual assault reporting for schools in 2021.

What It Means for the Accused

In New Hampshire, and quite possibly in other states soon to follow, college students facing sexual misconduct allegations may now find themselves in a much more challenging situation when it comes to defending against the allegations. Most notable among the rule changes is the mandate to cooperate with law enforcement. While sexual assault is a crime under any circumstances, most schools tend to investigate sexual misconduct and harassment allegations internally unless the claims are particularly egregious or the alleged victim goes to the police. Not only will the new laws likely create greater sensitivity in campus culture to skew toward presumed guilt for the accused, but it may also increase the likelihood that students accused of sexual misconduct in colleges and universities may face criminal charges, as well.

When you face sexual misconduct allegations in any school setting, you're typically starting at a disadvantage because schools aren't necessarily required to adopt the same standards of proof as you find in courtroom settings. As an experienced attorney-advisor Joseph D. Lento has successfully defended accused students in schools across the country, including those being investigated under Title IX. To explore your options for a more favorable outcome, call the Lento Law Firm today at 888-535-3686.