Why do college sexual misconduct cases govern sexual assault cases?

College sexual misconduct policies govern sexual assault cases on campus and off-campus for that matter because the Title IX Final Rule went into effect August 14th, 2020. The Title IX Final Rule narrowed the scope of Title IX, both in terms of the misconduct that would be investigated, also, say, jurisdictional issues were narrowed. Because of that, as far as schools are concerned, misconduct that was misconduct before the Title IX Final Rule went to effect, is still going to be considered misconduct.

The Title IX Final Rule specifically allows for schools, almost encourages schools to continue to pursue such conduct as they deem appropriate, and that will certainly be the case. If a case or allegations are not going to be addressed under Title IX, college sexual misconduct policies will then go into effect, will take precedence in that regard. That's how the case would be addressed and adjudicated. So much is at stake, you need to have an experienced attorney advisor helping you through the process, whether your case is, say, being addressed through the sexual misconduct policy, or Title IX for that matter.

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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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