What are the consequences if I a student does not receive affirmative consent prior to engaging in sexual activities under their college sexual misconduct policy?

If a student is determined not to have obtained affirmative consent when accused of sexual misconduct, the consequences would vary. For the sake of discussion, let's say the student's found responsible for the alleged act, the alleged act itself would, in part, dictate the potential consequence.

If somebody's, say, found responsible for non-consensual sex and if they did not get affirmative consent, 97 out of 100 times it would result in an expulsion. If it's non-consensual penetration, say, digital penetration, in most instances, it would result in a suspension. If it's non-consensual, say, touching of, for example, a breast, it could, in many instances, result in a suspension.

The schools, often as a baseline, use a suspension as the baseline consequence. There could be aggravating or mitigating circumstances in a given case. The consequences can vary, but unfortunately, they can often be severe. That's why you need an experienced attorney advisor helping to protect your interests from the start of the process.

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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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