Title IX Defense Lawyer Attorney New York
Sexual Assault Allegations Involving College Students
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.
Why choose Attorney Robert King for your case?
80% of his sex crime cases end with reduced sentences or total dismissals.
He has an “Excellent” Avvo Rating.
He has handled hundreds of trial cases.
Campus Sexual Assault Cases
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 sex crimes lawyer who can handle both the criminal defense portion of your case and how your university will judge you.
The administrative penalties you could face in a Title IX case include:
Temporary suspension from campus
Permanent expulsion from campus and sister universities
Removal from certain classes or organizations
Monetary rewards paid to alleged victim
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.
What Is a Title IX Hearing?
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.
What Standard of Evidence is Used in Title IX Investigations?
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.
Attorney King can help you prepare for Title IX hearings at the following institutions:
University of Rochester
Rochester Institute of Technology
St. John Fisher College
Monroe Community College
Campus Sexual Assault Defense
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.