Virginia Beach Sexual Misconduct Lawyer
Sexual misconduct in an educational institution and general sexual misconduct under Virginia Beach Law are two different concepts. Sexual misconduct in educational institutions is considered discrimination based on sex and may or may not rise to the level of a criminal offense. However, it may still result in disciplinary proceedings. Sexual misconduct in an educational setting could include unlawful sexual advantages, advances, or requesting sex in exchange for special treatment. In conduct that includes sexual assault, the state or federal law and student code violations intersect.
Sexual assault on college campuses has been an issue since colleges were integrated. Under the Clery Act, all schools participating in federal student aid programs must have policies in place to address allegations of sexual assault that requires notification to victims of sexual assault about their right to report the attack to police. The main administrative bodies or individuals involved in sexual misconduct cases vary from institution to institution. But they usually involve the institution’s Title IX administrator, investigator, campus police, the alleged victim, and the school’s disciplinary board.
If you have been accused of sexual misconduct, you should not handle the legal aspects of your case alone. Let a Virginia Beach sexual misconduct lawyer help your case. Speak to a knowledgeable student defense attorney to learn about protecting your rights.
Types of Campus Sexual Misconduct
Sexual harassment includes unwanted sexual advances, sexual innuendoes, subjective comments, or sexual propositions. Sexual battery is non-consensual or abusive sexual contact. Rape is non-consensual sexual intercourse perpetrated through force or taking advantage of the victim’s helplessness or mental incapacity. A student may also be charged with misconduct for using an institution’s facilities or equipment to access pornography or could face disciplinary proceedings for accessing unlawful video or images on or off-campus.
Allegations of harassment could be the result of unwanted sexual advances, comments, or unwanted sexual contact. Charges of harassment do not always have to be something physical, the harassment could be from a conversation or through text or e-mail. Being in close contact with other students sometimes creates an atmosphere that could lead to allegations of sexual misconduct. This can include breaking into dorm rooms on or off-campus.
It is best to seek help from a Virginia Beach sexual misconduct lawyer to learn about the various forms of sexual offenses.
The Rule of Pressure
When an individual feels pressure to engage in a sexual act, this could constitute sexual misconduct. Such pressure may occur with participation in social activities or may even begin in the classroom where a student is propositioned for sex or sexual favors in return for special treatment or higher grades.
Sexual misconduct allegations could be the result of a group mentality in a university’s social activities, such as fraternities or sororities, that could lead an individual to feel pressure to participate in sexual acts.
Presence of Drugs and Alcohol
The presence of alcohol and drug use is often counted as a complicating factor in sexual misconduct charges. The common issue is whether so much alcohol was consumed that it rendered the alleged victim incapable of understanding the consequences of their actions. In such a case, it is important to get all the facts and greater details.
Consequences of Misconduct
A student who is found responsible for sexual misconduct on campus could face either suspension or expulsion. A college disciplinary proceeding is different from a criminal proceeding in a court of law. The suspension or expulsion only effects that student’s ability to attend the educational institution instituting the disciplinary proceedings.
A criminal conviction, however, is separate and apart from the college disciplinary proceeding. Any paperwork generated during a disciplinary proceeding can be used in a criminal process. If the student is convicted, the conviction is on their criminal history, possibly for the rest of their life. It will be visible to any future employer, and the student may be required to register as a sex offender that could also last for the rest of the student’s life. Failure to register as a sex offender could lead to future criminal charges.
Seek Help From a Virginia Beach Sexual Misconduct Attorney Today
When an individual is notified of a sexual misconduct charge, that student should immediately contact an attorney and refrain from having any contact with the victim and the victim’s family. The student who is found responsible for sexual misconduct could face suspension or expulsion. Such conduct is taken very seriously by educational institutions.
If the student is accused of sexual misconduct, a student defense attorney can walk the student through a disciplinary and possibly criminal process to ensure that all stages of student’s rights are honored. This could include conducting or assisting at a disciplinary hearing, gathering witness statements, and negotiating on behalf of the student.
Call today to learn more about how a Virginia Beach sexual misconduct lawyer could help your case.
