Every semester, students across U.S. college campuses face serious accusations of sexual misconduct stemming from their colleges’ Title IX policies. Often, the charges leveled against students use terms borrowed from the criminal code, such as “sexual assault” or “rape.” However, students accused of Title IX violations, or “respondents,” learn quickly that the procedural, constitutional and evidentiary rights usually afforded to those who have been accused of criminal offenses (or even civil causes of action) range from abridged to nonexistent at the college disciplinary level. With their futures on the line, respondents face significant challenges unless they develop a thoughtful course of action.
Obtain a Well-Versed Adviser
Make no bones about it: These cases are difficult for the respondent-students largely due to the procedural hurdles unique to colleges. Too frequently, students reach out for support after receiving an adverse disciplinary finding. In our experience, it is much easier to obtain a good or manageable result at the disciplinary level than it is to mitigate the damage of an adverse finding and sanction, which often include suspension, expulsion and stigmatizing notations to the student’s academic record and/or transcript.
