Title IX Defense Lawyer Attorney New York

What is campus sexual assault? It is the sexual assault of an individual while attending a college or university. Accusations of sexual assault on university or college campuses must be taken seriously each and every time they arise. Not only do students have the right to feel safe while on campus but they must also retain the right to be viewed fairly under the eyes of the law and the administration if they are accused of sexually assaulting someone. At King Law, our Rochester campus sexual assault lawyer is here to stand up for the rights of the accused where many other lawyers might shy away to avoid controversy.

University and college campus sexual assault accusations are unique in the way that the administrative faculty must decide how to handle the situation, as if they are their own branch of the judicial system. In many ways, they are capable of doling out punishment to the accused despite the results of official investigations or trials. To this end, it is important to work with a local sex crimes lawyer who can handle both the criminal defense portion of your case and how your university will judge you.

All of these penalties can be stacked on top of the penalties the criminal justice system may use against you, including jail time, high fines paid to the state, and mandatory sex offender registration. In the end, if you do not take steps to protect yourself, your rights can be taken away and your reputation can be destroyed forever.

It is important to understand that there are clear and significant distinctions between Title IX allegations and sex crimes offenses under New York law, and we want to discuss some of those key differences with you.

On a college or university campus in New York, learning that a person has accused you of sexual misconduct is not enough for you to know what type of charges or allegations you may be facing. The term sexual misconduct typically appears in college and university Title IX policies, and thus it may mean that a Title IX investigation has been launched. At the same time, it is also a specific criminal charge under New York State Penal Law. Further, you could be facing sexual misconduct allegations under Title IX while facing a different type of sex crime charge under New York law.

Sexual misconduct allegations under Title IX that lead to criminal charges typically will involve one or more of the following sex crimes under New York State Penal Law:

Sexual misconduct:  This is a Class A misdemeanor that can result in up to one year in prison upon conviction, and it can be charged when a person engages in sexual intercourse or other sexual conduct with another person without that person’s consent.
Rape in the third, second, or first degree:  This is a felony offense under each degree, ranging from a Class E felony to a Class B violent felony.
Sexual abuse:  This offense can be charged in various degrees, and often is charged as a misdemeanor offense under New York law.

While Title IX allegations certainly may be brought in addition to criminal charges, Title IX allegations alone do not necessarily mean that any criminal investigation has been initiated or that you can be arrested for or charged with a sex crime under New York law. This fact remains true even if you are found responsible for a Title IX violation at your college or university.

Further, being found responsible for a Title IX violation alone will not result in required registration on the sex offender registry, while a criminal conviction likely will.

Sexual harassment, stalking, voyeurism, exhibitionism, and violent sexual acts such as rape and assault are considered forms of discrimination on the basis of sex that are prohibited under Title IX of the Education Amendments of 1972. These laws are designed to protect individuals of all genders and gender identities against sex-based discrimination within the educational system.

In the event that a student or faculty member should be accused of committing a prohibited sexually-discriminatory act, their university may require them to attend a formal campus sexual assault hearing or a Title IX hearing to face their accusations. Similar to a trial of sorts, Title IX hearings allow both parties the equal opportunity to present and question relevant witnesses and evidence, with certain schools allowing the parties to have an attorney present. The accused and the accuser are generally discouraged from being able to question each other during these hearings, though it may be permitted depending on the school’s policies.

In accordance with mandates provided to educators by the Office for Civil Rights (OCR), Title IX hearings operate under a “preponderance of the evidence” standard, meaning that university panels essentially operate with the mentality that an accused individual more than likely committed the violation in question. Unlike the criminal justice system’s standard of “beyond a reasonable doubt” that maintains that a defendant is innocent until proven guilty, this standard places the burden on the accused to prove their innocence. This can create an unfair bias against the accused, making it crucial that accused individuals retain the services of a powerful lawyer who can help craft a compelling defense against their accusations.

Since Title IX allegations are not criminal charges, it is important to understand that defense strategies will differ from a Title IX case to a criminal sexual offense case. In a Title IX case, for example, while you can hire a defense lawyer, your attorney’s role will be more restricted than in a criminal case. Your Rochester criminal lawyer can say more.

Campus sexual assault has always been and will always be a serious and sensitive issue. Our New York campus sexual assault lawyer, Mr. Robert King, approaches each case with this in mind, doing all he can to defend you from the accusations but to also minimize potentially abrasive situations with the plaintiffs or accusers. It is through this balance of tenacious representation and careful stepping that he has been able to secure many victories for his clients throughout the years.