Protect Yourself: Defending Against Sexual Misconduct Accusations at UW Oshkosh
The University of Wisconsin Oshkosh (UW Oshkosh) is committed to providing a safe learning and working environment for all members of its community. To achieve this goal, the university has strict rules against sexual misconduct, and it does not hesitate to investigate accusations.
As a student at UW Oshkosh accused of sexual misconduct, you have a lot to lose. If found guilty, you could face severe punishment, including expulsion from the university. That’s why it’s essential to seek legal advice from a student defense attorney-advisor as soon as possible.
Sexual Misconduct and Title IX at UW Oshkosh
UW Oshkosh is part of the University of Wisconsin System (UWS), which means that it must comply with state laws regarding Title IX policies. UWS 17 Wis. Admin. Code deals explicitly with Title IX policy issues. Besides these state policies, UW Oshkosh also has two additional policies that address sexual misconduct:
1. UWO Interim GEN 1.2(5) Sexual Misconduct Policy
2. UWO GEN 1.2.(4) Discrimination, Discriminatory Harassment, and Retaliation
According to the university’s Sexual Misconduct Policy, which applies to all students while on campus or engaged in any university-sponsored activities on or off-campus, any act of sexual misconduct will be subject to investigation and disciplinary action.
Moreover, if a student engages in off-campus behavior that threatens public safety or impairs teaching or research conducted by the university can also result in an investigation by UW Oshkosh.
What Constitutes Sexual Misconduct?
The following conducts are types of sexual misconduct subject to disciplinary action under UWS 17 Wis. Admin Code when investigated thoroughly:
– Sexual harassment
– Sexual assault
– Statutory rape
– Domestic violence
– Dating violence
– Sexual exploitation
UW Oshkosh Sexual Misconduct Process
UWS 17.152 to 17.156 covers the disciplinary procedures followed by UW Oshkosh while investigating sexual misconduct allegations against students. These processes consist of an initial complaint, investigation, a hearing even the appeals process.
To initiate formal disciplinary processes, the person alleging misconduct (complainant) is required to file a complaint with the Title IX Coordinator unless the coordinator has reason to believe that the alleged offender poses a conceivable threat towards public safety or to others in the University community.
The Title IX Coordinator has authority during investigations to gather evidence and talk to parties involved, such as witnesses or respondents. Once this phase is completed, all parties will have an opportunity to study investigative findings and produce a written response before any final report releases.
The hearing stage requires both complainant and respondent attendance at the set date and time for either adjudication or committee hearing scheduled. The two parties are entitled to bring an advisor or attorney in such cases if representation is necessary.
A student who receives adverse decisions under UWS 17 Wis may appeal once within 14 days of receiving them under UWS 17.154(5), and could request further review by submitting another application for discretionary relief from Board of Regents under UWS 17.155(10)-(12) after notification given about Chancellor’s decision outcome.
Sanctions for Sexual Misconduct Cases
UWS 17 Wis Admin lists several sanctions that may apply when students are found guilty :
Denial of specific university privileges.
Payment of Restitution.
Educational or service sanctions.
Limitations on enrollment restrictions.
Reasonable conditions imposed on student status.
Removal from a course in progress
Suspension or Expulsion.
Helping You Protect Your Rights
University investigations can lead to anxiety, stress, and damage to one’s reputation, and quickly spiral out of control. Therefore, obtaining an attorney-advisor experienced in sexual harassment and Title IX cases is crucial.
At Spodek Law Group, we specialize in helping students accused of sexual misconduct defend themselves successfully against accusations. We know the ins and outs of University processes to ensure that your interests are adequately represented. If you have questions about your case or concerns relating to college disciplinary codes or criminal charges, contact us to schedule a consultation today at 212-300-5196!