Campus Sexual Assault Lawyer
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If you are a faculty member or graduate student who has been accused of research misconduct, learn more about how our Academic & Scientific Research Misconduct group can help.
Sexual Violence and Sexual Harassment
Sexual violence takes many forms, including sexual assault, battery, and rape. In order to constitute sexual violence in the education setting, at least one of the following conditions must occur:
- Sexual conduct occurred without consent
- The alleged victim could not give consent due to the use of alcohol or drugs
- The alleged victim lacked the physical or mental capacity to provide consent for another reason
- Consent was coerced
Sexual harassment, which includes verbal or physical threats, intimidation, voyeurism, flashing, and stalking, is also considered discrimination based on sex under Title IX. A campus sexual violence advisor can help someone determine if an action violated Title IX.
Department of Education Title IX Regulations
The new Title IX regulations became enforceable law as of August 14, 2020. One noteworthy change from prior guidance from the Department of Education relates to the jurisdiction covered under Title IX. Sexual misconduct that occurs off campus without any connection to an education program or activity over which the school has control no longer falls within the reach of Title IX. If the alleged sexual misconduct occurs off campus and scope of an educational program, the Title IX complaint must be dismissed. In this situation, however, many schools then examine a complaint under the school’s regular code of conduct.
Another significant change involves the training of a school’s Title IX investigators. The new regulations state that investigators must demonstrate judgment, must not have any conflicts of interest with the complainant or respondent, and must not show any bias. Training materials for personnel must be published on the school’s website.
With respect to investigations, schools now must thoroughly investigate complaints, which includes collecting both exculpatory and inculpatory evidence. Importantly, accused students are now cloaked with the presumption of innocence.
When adjudicating Title IX cases, schools are allowed to determine whether to apply one of the following standards of proof:
- Preponderance of the evidence, which means more likely than not or more than a 50 percent chance that the information presented in support of the alleged Title IX violation is true.
- Clear and convincing evidence, which is where the evidence presented is much more probable to be true than not true.
A campus sexual assault attorney understands the nuance of these regulation changes and can assist in any action brought against you under Title IX.
Protect Your Legal Rights with a Campus Sexual Assault Attorney
If you are a student who has been accused of sexual assault on a school campus, you need to take action so that your rights are protected. An experienced campus sexual assault lawyer can guide you through the Title IX process and advocate for you throughout the investigation.
Important to Know:
COVID-19: Cheating & PlagiarismAllegations of cheating and plagiarism are skyrocketing due to virtual learning environments imposed by COVID-19. If you’ve been accused of academic misconduct during this time, please don’t hesitate to contact us.
See What Our CLients are Saying
Testimonials
Enough cannot be said for how helpful KJK was ...
for me during my allegation process. Susan and Kristina were extremely knowledgeable and passionate toward my specific case. They consistently had steps of action to take in my defense and were extremely flexible when working with me. They helped prepare me, both mentally and emotionally, prior to my hearing. Thanks to their hard work, I now have my future back.”
– Successfully defended a pre-med undergraduate student for alleged cheating on a physics lab report and showed that the professor had made a critical error in basic mathematics
Susan and Kristina are great lawyers.
They helped me resolve an extremely difficult academic dishonesty accusation case against me at the university level. They had helpful ideas and were persistent in making sure my defense was the best it could be. They were creative in their way of utilizing outside resources that helped achieve a positive outcome. Good, prompt responses to my questions. I highly recommend them!
