College Park Campus Sexual Misconduct Lawyer
Sexual misconduct is classified as a sexual act that occurs with another person without their consent or their ability to consent. For example, if someone’s capacity to consent is diminished by alcohol or drug use and the other party is aware that consent is not freely and voluntarily given. Colleges and universities take allegations of sexual misconduct vary seriously and may suspend or expel a student who is found guilty of assault, harassment, or a similar offense.
If you have been accused of a sexual offense on your campus, a College Park campus sexual misconduct lawyer could help protect your rights and preserve your position in the campus community. Reach out to a student defense attorney today.
Why is Sexual Misconduct Common on College Campuses?
A college campus contains students of many ages from many different places. Some students are away from their homes for the first time. They are not being supervised as they were while living with their parents when their time was monitored. As a result, students may experiment sexually.
Being away from home and living on a college campus also allows students the opportunity to consume recreational drugs and alcohol use. They may not be in a position to understand how their bodies or brains will react. As a result, they may find themselves in compromising, vulnerable situations that lead to potential misconduct
Alcohol, Drugs, and Consent
One important issue is the issue of consent. The law is clear that somebody who is extremely intoxicated is not capable of giving consent to sexually interact. Determining when somebody surpasses the point of being able to consent to an alcohol-related decision is a grey area, and one that may be debated in a sexual misconduct hearing.
The other question that often becomes an issue is whether the person accused of sexual assault was in a similar state of mind. They might be so intoxicated that there was no way they could recognize that the individual’s consent was perhaps not made with a clear head or capacity
Harassment is a continued course of conduct against another designed to annoy, threaten, abuse, or destabilize the person in some way. When an individual contacts someone, follows them, or attempts to communicate with them despite being clearly informed by the party that they do not wish to have that interaction, that is enough to constitute criminal sexual misconduct and under some parameters.
Retaining a College Park Campus Sexual Misconduct Attorney
When there is a student disciplinary action, a college disciplinary board is often involved in review and investigation. The campus police conduct investigations of the cases when they are involved in reaching a decision on how to handle the result of these situations on campus.
Usually, a university board drafts a handbook or manual that clarifies the details of sexual conduct so it is clear to any member of the community what is expected of them and what is considered to be a violation of the university code of conduct.
A College Park campus sexual misconduct lawyer could analyze the specifics of a university’s code of conduct, accompany a student at all disciplinary hearings, and generally work to protect their standing in the community. Contact an attorney today for legal representation.