University investigations in Ohio under Title IX have changed in the past few years due to pressure from the U.S. Department of Education. The accused has less rights – some colleges have gone so far as to take away the right to even cross-examine the accuser. The best criminal defense attorney will work tirelessly gathering evidence to prove that the accused is innocent.
Title IX commands schools to investigate and address sexual assault cases involving their students independently of any simultaneous or related criminal charge. Specifically, the law compels colleges and universities to set up their own system of investigating reports of sexual violence, interrogating alleged suspects, interviewing supposed witnesses, collecting purported evidence, and subjecting the accused student to a disciplinary hearing. Without the help of an aggressive criminal defense attorney the repercussions from the hearings can have serious life-changing consequences for the accused student including expulsion from school and being labelled a “sex offender.”
Many accused students who do not understand how to exercise their rights in these proceedings unjustly wind up with permanent scars on their record; scars that could have been avoided had they hired a strong criminal defense attorney to defend them. Consent policies and rules are different at each school and are not easy to understand. For example, most policies state that consent cannot be obtained if the person is “unable” to consent, but they never clearly define what “unable” means. This becomes a problem when both parties are consuming alcohol. After alcohol can a person consent? What if a person is drunk but does not show any signs of intoxication so no one knows that they are drunk? Ultimately, anyone’s common sense understanding of consent may be quite different than how a college defines consent.
The Bottom Line: If you or your son or daughter are being accused of sexual assault or another disciplinary matter at college, there is a lot at stake. The potential of expulsion or losing a scholarship, jail time, fines and severe limitations for future career prospects all come into play. You need to get the strongest criminal defense attorney available, immediately. Call me: 513.260.2099
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