Defending Against Accusations of Sexual Misconduct in College
The Devastating Consequences of Accusations of Sexual Misconduct
Accusations of sexual misconduct can have highly damaging consequences, causing devastation to both the personal life and academic career of college students. The threat of suspension or expulsion from campus is just the beginning. The potential for criminal prosecution, incarceration, and mandatory sex offender registration can follow, leading to a permanent criminal record that could severely impact one’s ability to apply for jobs or enter specific career fields.
At Spodek Law Group, we understand how these accusations can change your life. That is why we offer the assistance of Attorney Todd Spodek, a Baltimore Title IX lawyer who can help you defend against these charges and protect your future.
The Impact of Title IX on College Students
Title IX of the Education Amendments of 1974, which is part of the Civil Rights Act, prohibits sex discrimination at any federally funded educational institutions programs and activities. Most colleges and universities fall under this umbrella, which means they must comply with specific procedures requiring prompt investigation of claims of sexual misconduct by students on campus, including claims of sexual assault, abuse, and harassment.
Unfortunately, the requirements that Title IX imposes on college campuses can create an atmosphere in which school administrators judge students accused of sexual misconduct quickly and harshly, leading to severe repercussions for the educational and professional futures of these students. When facing any Title IX allegations, enlisting the help of a Baltimore Title IX lawyer may be highly advisable.
The Difference Between Criminal and Disciplinary Proceedings
Criminal prosecutions come with constitutional protections for individuals accused of any crime, including sex offenses. In contrast, students accused of sexual misconduct on campus and violations of Title IX enjoy no similar protections.
However, a criminal defense lawyer like Attorney Todd Spodek can intervene in both administrative and criminal proceedings to defend you against these possible consequences. He can help you distinguish between criminal and disciplinary proceedings, as well as help you understand the differences in rights between the two.
Criminal Proceedings
Criminal prosecutions require the right to be represented by counsel, the right to remain silent and refrain from incriminating statements, a presumption of innocence until proven guilty, and evidence showing proof of guilt beyond a reasonable doubt. These rights help protect accused persons from wrongful convictions and the resulting penalties.
Disciplinary Proceedings
In student disciplinary proceedings, students have no right to be represented by counsel. In some cases, they have access to a Title IX “counselor” or “advisor,” but this person is rarely a lawyer. While students can remain silent to avoid incriminating themselves, the likely result will be a finding of misconduct by campus officials, since they will have no evidence to find otherwise.
The standard of proof in these proceedings is also exceedingly low. If the disciplinary board or officers find by a preponderance of the evidence that the allegations are true, or that it is more likely than not that sexual misconduct occurred, then they will determine that the accused students violated the conduct code.
Talk to a Baltimore Title IX Attorney Today
At Spodek Law Group, we understand the seriousness of accusations of sexual misconduct on campus. That is why we offer legal representation from the moment you face accusations of misconduct. We can help you defend yourself against these charges and protect your future.
Contact us today to speak with Attorney Todd Spodek, a Baltimore Title IX lawyer who has the experience to handle any legal situation.