Examples of Sexual Misconduct

Sexual misconduct on a college campus can take many forms. It can consist of making sexually based comments, propositions, or touching. The conduct must be severe or pervasive. However, one instance of harassment is actionable if the conduct is extreme, extraordinary, and severe.

Other cases could focus on allegations of sex-based discrimination. This discrimination could allegedly occur within the classroom or outside of it. Many times, allegations are made against coaches when a coach’s behavior is alleged to impact a student’s participation in a sport, and the conduct in question can occur at off-campus events.

Allegations of sexual misconduct involving college staff or faculty are especially problematic given the power dynamic between students and teachers. For that reason, schools forbid romantic relationships between faculty and the students they oversee. An attorney could address allegations of an inappropriate relationship that might threaten someone’s job.

How a Misconduct Attorney Could Help

There are numerous ways a faculty sexual misconduct attorney could help during the course of these investigations. The work of an attorney begins with thoroughly investigating every aspect of the allegation. This can be challenging, as the information provided to the respondent during disciplinary hearings are not as robust as is required during criminal prosecutions or even civil action. Sometimes attorneys will retain a private investigator to assist.

Attorneys can also help in these cases by guiding the faculty member through the process. Navigating the process can be challenging, given the complicated disciplinary rules at some colleges and universities. It is the role of an attorney to ensure the school complies with its own rules and abides by the person’s rights afforded by the policy and by law. KJK also assists in reputation management in order to reduce the social consequences of the allegation.

One important consideration is that many allegations of sexual misconduct that result in disciplinary proceedings could also lead to criminal charges in the future. Legal counsel could advise the faculty member on how their decisions during these proceedings could impact a potential criminal case as well.

At KJK, we represent more than just students or student-athletes. We also represent:

• Faculty members
• Administrators
• Fraternal organizations
• Coaches
• Researchers
• Scientists
• Teaching assistants

We understand the significant stakes that are involved when you are a professional accused of sexual misconduct. Contact us today to learn more about our legal services and how we can help during this crucial time in your life.

Some of the leading reasons why faculty members and other accused individuals across the country turn to our law firm for assistance after being accused of sexual misconduct or violating Title IX:

• We focus on education law. 
• Our attorneys have been named Best Lawyers’ “Lawyer of the Year” in the Education category, which only one attorney in each area and location can receive each year.
• We have successfully represented individuals in more than 1,000 cases at more than 200 colleges and universities throughout the country.
• We provide holistic legal services, including criminal and civil defense, Title IX claim defense, and reputation management services.
• We have successfully achieved favorable outcomes in many cases that other law firms were too afraid to take on.

Contact us today to take the first step toward mounting a strong defense in your case.

An experienced attorney will tailor their defense to your specific circumstances. Depending on the circumstances, you may have various defenses that you can raise. 

One common defense that the accused use is to assert that the sexual activity in question was consensual. This can sometimes be a difficult defense to prove, as it places the burden on you. Additionally, consent in college settings is often defined differently than it is in other settings, often requiring affirmative consent, rather than implied consent. However, an experienced attorney can discuss the particulars with you in a confidential setting to determine if this is a viable defense under the circumstances. In today’s technical age, you or others may have valuable evidence to help establish consent, such as video footage, pictures, text messages, or social media messages.

In many cases, it is possible to argue that there is a lack of evidence to support the allegations. In a criminal case, the burden of proof is by proof beyond a reasonable doubt. In a civil claim or Title IX case, it is typically decided by the preponderance of the evidence, meaning that it is more likely than not as the party alleges. If a decision maker is split 50-50, they cannot rule against you. The prosecutor or plaintiff bears the burden of proving your guilt or responsibility, and sometimes they cannot present a compelling case that rises to this level. 

For example, your defense lawyer may point out inconsistencies in the complainant’s narrative that can call their credibility into question. They can also use skilled techniques when interviewing or cross-examining the complainant’s witnesses that may help show their accounts are unreliable. 

In some cases, an accuser fabricates or exaggerates claims. They may have an ulterior motive, such as wanting to get revenge after receiving a bad grade or a bad breakup. Notify your defense attorney of any bad blood between you and the complainant that might shed light on why they might try to retaliate against you by making such damaging claims. 

Other cases may involve violations of the accused’s rights, such as a lack of due process. You may be able to reverse an adverse finding or prevent one by showing that your fundamental rights were violated. 

Keep in mind that colleges and universities face severe consequences under Title IX if they do not respond promptly and appropriately to allegations of sexual misconduct that occur on their campuses or school-sponsored events. Additionally, schools want to avoid negative publicity by being associated with sexual misconduct. This sometimes translates to administrators jumping to conclusions and imposing sanctions rather than thoroughly investigating these types of allegations. Many accused individuals find that schools don’t follow their own established procedures or that they are basically winging it in the aftermath of an allegation of sexual misconduct. 

We can discuss more about our experience in handling these types of situations when you contact us for a confidential case review.