Navigating the aftermath of an alleged sexual assault on a college campus is a daunting and complex process. Not only are you faced with the possibility of criminal charges from local law enforcement, but you also have to contend with disciplinary proceedings at the university level.
Understanding the steps involved and seeking appropriate legal representation is crucial in protecting your rights and ensuring a fair process. An experienced student defense attorney can explain your next steps and options and make all the difference in the outcome of your case.
In this blog, the student defense lawyers at DC Student Defense in Washington, DC explain the legal complexities for students who are accused of sexual assault and provide resources to help them navigate potential charges.
If I’m accused of sexual assault as a Washington, DC student, what is my first step?
If the alleged sexual assault occurred on a college campus, you will likely be facing disciplinary proceedings at the university level. These are separate from any criminal charges you might be facing from local law enforcement.
This will start with a letter or notice from the school that you have potentially violated a specific student conduct code.
After you read the letter or notice from the school, the next step should be contacting a college student criminal defense attorney. These attorneys have experience in handling cases involving campus-related offenses and can provide guidance and support throughout the proceedings.
College campuses are under a lot of pressure to respond quickly and assertively to accusations of sexual assault, and without an attorney working on your behalf, you could end up with a harsh punishment without due process.
Consequences of campus sexual assault for college students
If you go through the disciplinary and criminal proceedings and are found guilty of campus sexual assault, you could face the following:
- Suspension
- Expulsion
- Prosecution
- Jail Time
- Registration as a sex offender
It’s very important that you don’t have any communication with your accuser — even if you are innocent and want to clear your name. It is natural to want to defend yourself if you are innocent or apologize for any miscommunication or wrongdoing on your part, but you cannot do either of those things. Communication is not limited to phone calls or knocking on their front door. It also includes text messages and messaging on social media.
Given the stakes involved, it’s imperative to approach the situation with the utmost caution and seek guidance from an experienced student defense attorney without delay.
What role does Title IX play in campus sexual assault cases?
Title IX is a federal civil rights law that covers rape, harassment and assault on campus under the umbrella of discrimination. Students have been successful in suing colleges and universities for Title IX violations by proving that the schools were indifferent or negligent in allowing the harassment to occur.
For example, The University of Memphis faced a lawsuit alleging that it permitted a student accused of sexually assaulting another student to continue staying on campus despite formal charges against him. A judge initially supported the suing student, suggesting that the university’s response might be considered negligent. The judge allowed the case to proceed, but in late 2021, the lawsuit was dismissed.
Title IX proceedings are separate from code of conduct violations and any other potential criminal charges from law enforcement. Title IX proceedings can impose varying rulings, from restraining orders to even suspension from campus before you are charged with a crime or disciplined for code of conduct violations.
That’s why it’s imperative that you contact an experienced college student criminal defense attorney to help with your case and navigate the tangled web of university disciplinary hearings, Title IX proceedings and criminal cases.
