Know Your Rights When Facing Disciplinary Action Under Your College’s Sexual Misconduct Policy
When it comes to facing disciplinary action under your college or university’s sexual misconduct policy, it is crucial to know your rights. It is important to remember that each school has its own set of rules and regulations, so what may be applicable in one school may not necessarily apply in another.
It should be noted that an accused party should be afforded typical rights such as the opportunity to review evidence, present witnesses, and other forms of evidence on their behalf. This includes pictures, videos, text messages, emails or social media posts that are appropriate for defending oneself against the allegations.
As part of your rights when facing disciplinary action, you must also have the right to cross-examine the accuser’s witnesses if permitted by the school. However, this will depend on the specific policies and procedures of your institution. Certain schools will have a hearing model while others might have an investigative model. There are schools with a combination of both.
It is important to recognize that you cannot rely solely on your institution for protection of your rights during this time. It is essential that you maximize every possible right available to you. An experienced attorney advisor can guide you throughout the process and help protect your interest from the very beginning.
Table: Comparison of Schools Depending on Adjudication Process in Addressing Sexual Misconduct
| School Model | Description |
|---|---|
| Hearing Model | Schools following hearing models hold hearings where evidence is reviewed and each party presents their arguments. |
| Investigative Model | Institutions having the investigative model leave fact-finding tasks to an investigator or adjudicator, who is also responsible for determining whether or not there are sufficient foundations for a sanction. |
| Combined Model | Schools with a combined model simulate aspects of hearing models and investigative models. The investigators gather evidence while the hearing panel evaluates it. A more accurate decision on the case is made as a result. |
When facing disciplinary action under your college or university’s sexual misconduct policy, you must be aware of each right entitled to you by law. It is important that these rights are asserted during all stages where discipline procedures take place.
It could be overwhelming and intimidating navigating through this process alone, particularly when going up against institution-sanctioned legal departments. An experienced attorney advisor helps defend clients and ensures that their rights are protected throughout every phase, helping them obtain favorable outcomes in their proceedings.
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