Navigating Sexual Misconduct Cases in College: Everything You Need to Know

When accused of sexual misconduct in a college or university setting, one must consider whether the case will be governed by Title IX or falls under a school’s internal “non-Title IX” policies on sexual misconduct. This distinction is critical for accused students and their families, as the scope of Title IX has evolved with the implementation of the Title IX Final Rule on August 14, 2020. Despite this legal evolution, colleges and universities continue to aggressively pursue students accused of sexual misconduct under non-Title IX policies.

Since an investigation is required before it can be determined whether Title IX applies to a specific case or not, individuals facing sexual misconduct allegations often have many questions and concerns. In this article, we seek to provide answers to these frequently asked questions and help individuals navigate through this challenging process.

Challenges with Sexual Misconduct Cases in Colleges

Navigating the landscape between Title IX and non-Title IX policies is no easy task. It is an arguable gray area that can have life-altering consequences for those involved. As such, it is crucial for accused students and their families to obtain support from experienced attorneys early in the disciplinary process.

Regrettably, most colleges do not inform accused students of what they are up against, nor do they protect their rights appropriately throughout this process.

It is therefore necessary for accused students to look out for themselves proactively, taking every step necessary as quickly as possible. While non-Title IX claims may not offer comparable legal protection as under Title IX regulations, knowing all options will only help build better-informed decisions by affected parties who need considerable guidance at such times.

Frequently Asked Questions Regarding Sexual Misconduct Defense in Colleges

Below are some common questions that will arise when a case falls outside the scope of Title IX regulation:

Can I sue my college if they falsely charge me with sexual misconduct?

Can my college pursue a case of sexual misconduct even if it occurs off-campus?

Does Title IX apply only within the United States, or can it be applied offshore?

Are activities that occur outside of campus subject to sexual misconduct proceedings on campus?

Does every college have its own set of rules regarding sexual misconduct cases?

Is it necessary to confirm and document everything relevant in a college sexual misconduct case?

Do I necessarily need an experienced attorney for my university or college sexual misconduct case?

What happens when accused students under non-Title IX regulation do not receive sufficient guidance?

What kind of impact does intoxication have on an affirmative consent plea in college/university sexual misconduct cases?

How do colleges investigate and sanction sexual assault allegations?

How long do these hearings last typically, and what impact could they have on my specific circumstances?

Should I consider counterclaims against my accuser if I am wrongly accused of university sexual misconduct?

What options does an indicted student have regarding dating violence happening on campus?

What measures are put in place to prevent offensive touchings that lead to claims of university sexual exploitation perpetration by the accused student?

How much proof is required before affirmative consent can be given in a college/university situation resulting in consensual sex acts?

What support is available for international students accused of violating their universities’ codes with respect to sexual harassment and assault charge accusations filed against them?

Why are colleges invested with jurisdictional control over sexual harassment and assault claim investigations, particularly if instances occurred off-campus but involve parties who belong to the same institution?

Can an adverse finding stain forever the academic transcript of a student who has been identified by their college authorities as guilty of wrongdoings closer home or on-campus premises, specifically involving matters related to university-level sexual harassment?

Protecting Yourself Against Sexual Misconduct Cases

Sexual misconduct defense revolves around having a well-thought-out strategy tailor-made for your specific circumstances. There is no one-size-fits-all approach, which is why legal representation capable of providing a robust defense strategy is your best option.

Attorney Todd Spodek has a wealth of experience working on sexual misconduct cases at more than a thousand universities and colleges in the US. He understands just how crucial it is for individuals navigating such treacherous waters to have sound advice from early on.

Call the Spodek Law Group today at 212-300-5196 to get started.