What rights do I have when facing disciplinary action under my college sexual misconduct policy?

The rights that you have when facing disciplinary action under your school's sexual misconduct policy are going to be determined by the specific college or university involved. Each school is going to have its own promulgator rights and obligations of an accused party. Basic rights that should be afforded if they're not, they should certainly be insisted upon, but as a separate consideration yet would be the opportunity to review evidence, present witnesses, present other, say, evidence on one's behalf, be it pictures, videos, text messages, emails, social media posts, whatever would be appropriate to, say, defend against the allegations.

It would be the right potentially to cross-examine the accuser's witnesses whether a school allows that or not. It will depend on the given school. Again, if it's being adjudicated under the sexual misconduct policy versus its Title IX policy, some schools will have an investigative model. Some schools will have a hearing model. Some schools will have a combination of the two. You can't depend on the school to be looking out for your rights. You have to maximize your rights. You have to have somebody looking out for your interests. An experienced attorney advisor can help you do so and should be involved from as early as possible in 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 our offices today, and let us help secure your academic career.

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