Institutions of higher education take allegations of sexual misconduct very seriously. With the public eye closely watching colleges and universities, campus administrations must act quickly to save their statures. Moreover, as much federal funding is linked to how schools manage sexual misconduct under Title IX, violations will be handled swiftly and harshly.

However, schools may act in haste. They risk punishing students and derailing their academic careers when allegations are based on unsubstantiated accusations.

Miami Frat Party Leads to Allegations of Sexual Misconduct

A University of Miami (UM) fraternity was kicked off campus after partygoers and passersby witnessed members "chanting" at a pool party "misogynistic lyrics." In a report from the Tampa Bay Times, brothers of the former Florida Gamma Chapter of Sigma Phi Epsilon issued an apology following their removal from the campus. The fraternity's national board asserted that the chant was "wholly inappropriate, reprehensible, and does not represent who we are."

While the fraternity was doing damage control, they were also hit with allegations of "drugged drinks" from students and community members, which increased in number when national publications picked up the claims. After an investigation by the school, it was determined that the allegations were unfounded. However, the harm to the fraternity's reputation and its members had already been done.

False Accusations Can Destroy Your Future

Knee-jerk reactions to allegations of sexual misconduct—even untrue claims—can hurt the accused nearly as badly as sanctions for corroborated infractions. For example, members tied to the fraternity may be asked questions by an employer about the incident when an internet search into the candidate's background reveals their link to the incident.

Regardless, schools commonly move forward with formal proceedings based on minimal evidence. The college disciplinary process is not the same as a court of law. Consequently, it's much easier to be wrongly found responsible for misconduct.

The UM Title IX policy explains that a "preponderance of the evidence" standard is used when determining if the school's sexual misconduct policy has been violated. The standard means that evidence and witness testimony must prove that an accused student is only "more likely than not" to have committed the violation. While using the lowest standard of evidentiary proof may serve an institution in maintaining good standing with the public, it will derail a student's academic and professional career.

What to Do If You Face False Accusations

Typically, the minimum sanction for sexual misconduct is some form of separation from the school through suspension or expulsion. Given the nature of the violation, it often carries a stigma that tarnishes the accused student's reputation that will have adverse consequences when they apply for graduate school, civil or military service, or a corporate career.

Students and their parents may be unable to navigate a college's complex disciplinary process and the ever-fluctuating world of Title IX policy. To defend your future, contact professional student defense advisor Joseph D. Lento. Attorney Lento and his Student Defense Team at the Lento Law Firm have paramount experience fighting for students' rights and protecting them from false accusations pursued by burdensome school disciplinary boards. Keep your reputation intact by calling 888-535-3686 today or visiting the online consultation form.