The Importance of Proper Response to Accusations of Sexual Assault
The steps taken after accusations of sexual assault could make or break the outcome of an investigation. If you are accused of sexual assault in a college campus, there are essential things that you need to watch out for to help you get out of a sticky situation.
The Role of the School Investigator
Upon receiving notice informing that they are involved in a sexual assault case, the respondent needs to visit the office of a Title IX investigator or school administrator for investigation purposes. It is critical that the accused understands the pivotal role a school investigator plays in determining the truth behind an accusation.
It is imperative to bear in mind that these investigators do not have any bias towards anyone involved. Their primary objective is to obtain a clear and coherent understanding of what transpired through the accounts of both sides and witnesses, evaluating what they believe (through their judgment) happened based on evidence presented. Therefore, when conversing with investigators, it is vital to provide accurate details that are free from inconsistencies and inaccuracies. It would be best if you can prepare by documenting facts regarding your version of events and bringing solid evidence as possible with this presentation. In all honesty, any actions on attempts bribe or intimidate investigators can backfire.
In addition, investigators know about the disproportionate ratio between false accusations versus legitimate ones. Given this fact, they are cautious about not blaming the possible victim for perceiving sexual assault occurred. Due to these factors listed above, investigations typically require proof from both perspectives instead of shifting most responsibility onto victims fully.
Being Kept in The Dark
As someone attending higher education deals institutionally provided rights that mean you should get impartial treatment and protection against undue harassment or victimization- even if sexually related allegations have been made against you. According to the Department of Education’s guidelines for investigating complaints related to Title IX, schools must conduct an “adequate, reliable, and impartial” investigation into sexual allegations. In upholding this standard of care, the respondent should receive proper notification with evidence report summaries against them. However, when summarising their case for them, a significant gap in detail could negatively impact your ability to present counterevidence.
To counteract such an occurrence from happening, it is necessary to request all information that pertains to your case from administration officials. Unfortunately, constitutional due process rights only are disproportionately protected by respondents attending public state schools -whereas students of private institutions might receive less protection under Title IX law.
Unwanted Contact From Alleged Victims
Numerous scenarios require respondents to refrain from retaliating or complying with attempts at contacting the alleged victim/family involved in any way not stipulated by No Contact Orders (NCO). School administrations put immense pressure on both parties to maintain physical separation between one another while further investigation occurs autonomously. Therefore despite any personal desire to converse with your accuser directly with a No-Contact order in place- it would help best if you stopped communicating altogether as an attempt where no reply back is warranted potentially could be detrimental enough for extra charges of violating the NCO itself.
The Need for Experienced Defense Attorneys
Provided how much at stake rests for respondents who are facing allegations-based circumstances through college administration’s process; acquiring someone who has particular experience navigating through similarly complex legal issues becomes paramount. Sexual misconduct isn’t but one fraction of problematic occurrences students might face during their time enrolled as one actively reaches towards that degree certificate they’ve worked so hard towards.
The number of reasons above demonstrates why hiring seasoned attorneys can help accused parties navigate through school administered processes more efficiently and effectively without making sudden impulsive decisions trying hopelessly clear criminal proceedings they’d never committed. Here attorneys can offer the helping advice needed on your best courses going forward while interacting while in a characteristically difficult position where you are presumed guilty regardless until it is demonstrated beyond all doubt that you are not.
Therefore if you need help, then reach out to experienced defense attorney Todd Spodek by dialing (888) 535-3686 today.