Protect Your Rights When Accused in Higher Education Institutions
Accusations of sexual assault on a public higher education institution may lead to disciplinary action. These accusations could result in severe repercussions, such as suspension or expulsion, implying a legal procedure followed by school essentials. Despite the allegations levied against you by the accuser, don’t worry, you’re entitled to a fair trial based on federal law’s promise of due process.
Due Process of Law
As public educational institutions are government property, they must undergo legal restrictions when conducting disciplinary proceedings and implementing school policies. Student rights cannot be taken away without undergoing the full due process of law. With so much at stake for students accused of unique incidents, it is vital to protect and uphold their rights during entire college and university proceedings until a final verdict is delivered.
Protection for Respondents
In situations where serious charges are brought against an accused student, they should be provided with more protection than ever by campus authorities. Private colleges and universities are not obligated to afford due protection to accused students under conventional regulations; however, they must abide by their policies and procedures concerning disciplinary actions against the accused student. Sadly, schools do not always conduct themselves impartially, making it critical for students to remember basic provisions that form the fundamentals of the Constitution.
Rights Afforded to Students Accused of Sexual Assault
Students subjected to reports or complaints accusing them of sexual assault on college campuses have some legal rights aimed at ensuring due process:
Right to Notification
School administrators must inform you of these charges before initiating any school processes or disciplinary measures per the phrase “due process.” The Sixth Amendment categorically dictates that a respondent has the right “to be informed of an accusation’s nature and cause.”
Respondents have the right that their sexual assault case is heard under standard procedures used for all similar cases which assures all cases are alleviated in a constant and standardized way across the board. This right guarantees that no respondent is treated differently from others, leading to biased decisions.
Right to Evidence Description
Hearings provide accusers and accused with an opportunity to present their account of events and evidence as well. In some instances, school authorities may inform you of the charges brought against you but provide little information pertaining to evidence supporting the accuser’s account of events. To defend himself/herself adequately, a respondent should be aware of the evidence used against him/her. Failure to intimate this information would render hearing impartial and unfair.
Presenting Your Account of Events
As an accused student, you have a right to give an account of the sexual assault incident during hearings. Your statement should be considered by the impartial panel deciding your case, giving a second chance for justice.
Assistance During Hearings
Higher education institutions offer various options for students during school processes and hearings to assist them. Many students opt for hiring lawyers who help protect their rights better while sending signals to schools that any misconduct could lead accountability on their part.
Experienced Defense Lawyer
Accused students must hire an attorney dedicated exclusively to protecting their rights if they want a favorable outcome. Attorney Todd Spodek understands how schools perform disciplinary procedures & hearings and will use his experience in ensuring fair execution. If you’ve been accused of sexual assault on campus, contact lawyer Todd Spodek at 212-300-5196 today to build your defense case that ensures due process is followed throughout all school-related stages!