Defending Sexual-Misconduct Charges at the University of the Pacific: How National Title IX Attorney Todd Spodek Can Help
The University of the Pacific, a private, Methodist-affiliated university with campuses in Sacramento, San Francisco, and Stockton in Northern California, boasts idyllic campuses and strong academic programs. The university has been recognized as California’s “private university of choice” since 1851 due to a low student/faculty ratio, small class sizes, high alumni earnings, and an enrolment of approximately 6,000 students. Additionally, this institution offers undergraduate programs in various fields such as accounting, business administration, chemistry, computer science, economics, health & music management. Also available are graduate programs such as data science and clinical nutrition as well as professional programs such as law and dentistry that make it seem like no one could ever face any challenges here but like students at every other institution of higher education worldwide; students attending the University of the Pacific face similar difficulties leading to sexual-misconduct charges or other misconduct issues.
Sexual-Misconduct Policy at University of the Pacific
University of the Pacific has implemented an Interim Policy Prohibiting Sexual Misconduct since August 14th (2020) to adhere to new U.S Department regulations for Title IX that came into effect on this same date. Moreover broadening its policy beyond what is required by Federal regulations concerning sexual misconduct complaints both associated and non-associated with Title IX. The policy also requires separate methods for processing investigations called Process A or Process B depending upon whether a case relates to Title-IX connected misconduct cases or non-Title-IX connected instances respectively.
Title IX Sexual Misconduct at University of the Pacific
Among them all – Title IX cases focusing on sex discrimination- the year 2020 saw Department Of Education restrict regulatory interpretations related to title IXs sexual-misconduct definition. It includes procedural protections installed against any accusations and is extended to others. It addresses only three forms of sexual misconduct issues, which are also classified as per Interim Policy Prohibiting Sexual Misconduct of the University of the Pacific:
– Sexual assault, dating violence or domestic violence, and stalking
– Quid-pro-quo harassment (It is when someone tries to demand a favor for sex)
– Unsolicited conduct so severe, pervasive, and objectively offensive that denies equal access based on gender.
University of the Pacifics Sexual Misconduct
More broadly defined over Title IX by University of the Pacific’s Interim Policy Prohibiting Sexual Misconduct page contain numerous non-TTIX connected incidences such as-
– Sexual acts using non-consensual or abusive sexual advantage upon another includes voyeurism, invasion of privacy linked with sexual act e.g., taking photos or videos without consent while involved in a sexual act while privacy was expected commercially known as revenge pornography; prostituting or exchanging someone for sex; engaging knowingly in a sexually transmitted infection or disease with another person; making an attempt to cause incapacitation in other persons consenting to sexual activity which impacts the misappropriation caused by impersonating others with different identities at applications/websites specifically designed for dating or sex-related connections but blackmailing them via images, audios & nakedness; soliciting minors for sex/sexual behavior problems like trafficking & child pornography.
– Non-consensual types of penetration including oral sodomy, forced oral copulation/sodomy/rape/fear-based behaviors;
– Ultimately being bullied due to one’s gender or neglect due to giving priors based on specific genders. Specifically slandering someone-publicly online/offline repeatedly despite warning him/her personally
A broader set-up of definitions suggests there is still scope available for misunderstanding/fabricated news/falsely exaggerated claims against potential victims.
University of the Pacific Sexual-Misconduct Procedures
Determination processes via procedures differ based on various factors, including much that contributes to the result of sexual misconduct accusations. University of the Pacific’s Interim Policy Prohibiting Sexual Misconduct provides for different Process A or Process B depending on whether a charge involves Title IX or non-Title IX related sexual misconduct. Process A for Title IX gives more protection than Process B for non-Title IX charges against the accused.
Process A Title IX Procedures. University of the Pacific’s Title IX-based procedures require applicants to undergo an initial evaluation by appointing them to their respective departments trained mediator/ investigators, which could lead not only to complaint dismissal but also informal resolution attempts initiated between two sides based on alternative resolution protocols available with appointed mediators.; if those fail, it will go through formal grievance processes. Moreover, students accused of sexual misconduct have rights under counterclaims for further inquiry and abuse of the title IX system in this process.
Investigators conduct investigations interviewing victims, witnesses and any other relevant parties preparing documentation based upon selected parties’ feedback incorporated into the final report since investigators cannot consider personal characteristics linked with sexual acts/general behavior witnessed among peers before/during/after sexual misconduct was reported.
At a subsequent stage of Formal Grievance Processes. This process authorizes appointment of 3-member Investigation Panel who question alleged perpetrators & victims under cross-examination; barring testimony leads to a case dismissal or a decision made based on preponderance-of-the-evidence standard that mainly supports claimants instead of anybody else involved.
Non-Title-IX Procedures produce times when no panel is established until they can explore more issues related to investigating sex harassment instances; two-member panel members interviewed alleged perpetrators & affected individuals engaged in cross-examination exercises barred from conducting any pre-hair trials first-hand.
University of the Pacific Sexual-Misconduct Sanctions
The University list various forms via which they highlighted these meet-outs:
1) Disciplinary Warning
2) Required Training
3) Educational courses under intervention
4) Collaborative restoration work
5) Restricted access to peer groups or other events
6) no-contact order;
7) Loss of privileges linked to housing opportunities
8) suspension from a particular educational program, college/university campus.
9) Degree awarding delayed by this committee’s discretion as complaints’ verdict gets placed under investigation.
10) revocation of degrees obtained.
11) organizational punishments such as deactivating relevant bodies/loss of supplementary benefits.
Premier Representation Makes A Difference
Having National Attorney Todd Spodek on the case can be an absolute godsend for UoP students facing sexual-misconduct charges that require insider knowledge with administrators and procedures implemented locally. He is renowned in his ability to handle hundreds of false charges against schools and universities around the country. His litigation skills coupled with unique insights ensure active defence strategies that one could generate while falsely accused in courtrooms nationwide but don’t worry National Title IX attorney Todd Spodek and the Spodek Law Group are here to help save your education and career against University of the Pacific sexual-misconduct charges or any allegations engaging other misconduct issues with a schedule consultation more available online or via phone call on 212-300-5196 on time!
Leave a Reply