With the passage of Title IX, rape charges on college campuses have become legal minefields – with serious repercussions for an accused even if criminal charges aren’t filed. As detailed in an article discussing alleged rapes on college campuses – two coeds may get together after a night of drinking in East Lansing or Ann Arbor, behind closed doors and with no witnesses. One party may claim that a rape occurred, while the other person states that they had consensual sex.
Under Title IX, even if a prosecutor determines not to file official charges, colleges are required to investigate and hold proceedings that “do their best to balance the accused’s due process rights with the civil right of the victim to a safe education.” This means you may face significant consequences even if you’re not charged with a crime.
As a result, it is very important to consult with an experienced Michigan criminal sexual defense attorney immediately when one party alleges that any sex crime has occurred.
Pursuant to Title IX, colleges that don’t do enough about sexual assault could lose federal funds. The college may face civil penalties and in some situations, administrators may even be personally liable. Because of this concern, some fear that campuses are overreacting. As one commentator noted, “It drives –not hysteria …– but nearly that, It’s such a fear-based reaction that a lot of colleges now are expelling and suspending people they shouldn’t, for fear they’ll get nailed on Title IX.”
“Innocent people get found guilty of harassment [and sexual violence] because the school realizes the only way it can avoid liability is to punish everybody in sight,” he said. “Fifteen years ago, 20 years ago, if a student got into trouble he would just drop out and go elsewhere. Now colleges are starting to share information, they’re starting to put notations on transcripts.” With more at stake, “We’re seeing more students who want to stand and fight.”
Whenever a student is charged with actions of sexual nature – even where insufficient evidence exists to pursue criminal charges – he may face expulsion or other significant repercussions as a result of a college or university’s proceedings. This information may affect a student’s ability to go to school where they want and earn their chosen degree.
As a result, in order to protect your child’s future its important to contact an aggressive Michigan sex crimes attorney if you or your child is under investigation for engaging in harmful sexual activity.
For more information contact the top Michigan sex crimes attorneys at Grabel & Associates for an immediate consultation.