Sexual assaults on campus have become a major topic in the media and in family homes when discussing which colleges offer the highest quality education in the safest campus environment. But no matter how much preparation someone does to choose a college with a safe campus, the presence of thousands of young adults from around the nation and the world creates the potential for bad things to happen.
Living on campus 24 hours a day, with social events and parties being hosted on and off campus, presents many opportunities for young people to exercise poor judgment and behave badly. Alcohol and drugs usually increase the unpredictability of a person’s behavior.
Defending the Accused Student in Campus Sex Crimes
Every alleged sex crime on a college campus involves both a victim complainant and an accused student. Both parties are dealing with the most consequential event in their young lives, one that can affect their future for decades to come.
As experienced Florida criminal and sex crime defense lawyers, Stechschulte Nell, Attorneys at Law, understand how much is at stake when a college student is accused of any type of sex crime on a college campus.
Criminal Investigation and Prosecution of Campus Sex Crimes
Whenever a sexual assault, sexual battery, or other sex-related crime occurs on a college campus, state, county, and municipal law enforcement agencies will investigate the events as they would any crime. Campus police will frequently conduct an initial investigation and collaborate with other police and prosecutors as is appropriate for the severity of the offense.
Whether an alleged crime occurs on a college campus or on a city street, the person identified as the suspected offender has the same constitutional rights as everyone else. The fact that a crime occurred on a college campus does not diminish the young student’s rights.
Every person who is facing investigation or is suspected of committing a crime has the following rights:
- The right to remain silent and decline to answer any questions,
- The right to speak to an attorney before police interrogation (You must say, “I want a lawyer.”)
- You do not have to be in custody or under arrest to invoke your right to remain silent.
Defending Campus Sex Crimes
Experienced criminal defense lawyers must investigate on-campus sex crimes to ensure that special factors are considered.
- Were alcohol or drugs used by either the complainant or the accused?
- Are there witnesses to events earlier in the day or evening, at a party, a gathering, or a Greek event?
- Did the complainant know the accused before the alleged crime?
- Is the identification of the accused well supported?
- Does the accused have an alibi? Witnesses?
- Has the complainant made statements about the event to others?
- Are all witnesses still available? (Students travel home around the country.)
The accused student faces the same criminal investigation and prosecution procedures as others in society would. But they are also subject to discipline from the college or university administration under the federal Title IX law requiring the prohibition of gender-based discrimination.
Title IX Disciplinary Procedures Since 2020
Title IX on-campus disciplinary hearing procedures were updated in 2020. While procedures may vary among different colleges and universities, the same law imposes the same fundamental requirements on the institution. It also requires that the accused be granted due process of law in any disciplinary hearing process.
- The college administration must notify the student or faculty member of the alleged violation.
- The administration must provide the accused with an opportunity to be heard at a meaningful time and in a meaningful manner.
** Beyond these very fundamental requirements, virtually all higher education institutions provide every student with a student handbook outlining in detail the hearing and appeal procedures that will be followed in each case. These handbook rules and procedures bind the institution to follow those processes, even if they are more extensive and provide more procedural rights to the accused.
Standard of Proof at a Title IX Hearing
The standard of proof in a Title IX hearing is a “preponderance of the evidence,” which means that the evidence must show the alleged misconduct was more likely than not to have been committed by the accused.
The Right to Be Defended by an Attorney
As unfair as it is, the right to be represented by an attorney is not guaranteed in a Title IX administrative hearing. But contacting an experienced criminal defense and Title IX defense lawyer is essential to ensure that every possible defense strategy is explored and prepared.
The new Title IX law now ensures that the accused has the right to an “Advisor” before and during the hearing and may be able to question witnesses. The student facing the disciplinary sanction can now produce, examine, and challenge evidence.
Read More > Title IX Revisited: What’s New in the Law
Defending Campus Sex Crimes
Stechschulte Nell, Attorneys at Law in Tampa, are experienced litigators who will provide knowledgeable guidance and legal counsel throughout the university disciplinary process to fight and appeal any adverse sanctions imposed by the institution on the student-client.
- Suspension from the college or university;
- Expulsion from the college or university;
- Loss of a scholarship; and/or
- Withholding of degree from the college or university.
If you have been accused of an on-campus sex crime, don’t wait. Your future is in the balance. We are ready to defend you. Contact our attorneys at 813-280-1244 for a case review today.
