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How Common Are Allegations of Sexual Misconduct at College?
College is aspirational for many young people in America. As of 2024, about 2/3 of all high school graduates will go on to post-secondary study. For most of these students, college is a time of learning, growth, and moving on to a new stage of life. For some individuals, though, college may be a time of great difficulty. About 30% of women and 10% of men attending college in Florida as undergraduates have been the target of unwanted sexual activity.
Due to the severity of these numbers and increased awareness of campus sexual violence, colleges, and Florida police have begun to treat allegations much more urgently than in the past. This may mean that, to demonstrate they are taking the charges seriously, some investigators may take a “guilty until proven innocent” approach to sexual assault investigations. This may include both a Title IX investigation and a separate criminal probe. If you or a loved one have been accused of sexual misconduct on a Florida campus, it’s imperative you consult one of our firm’s experienced defense attorneys. An attorney may be the only thing standing between you, prison time, and the end of your academic career.
What is Title IX?
Title IX is a provision of the American Education Amendments of 1972. It is a federal Civil Rights law prohibiting sex-based discrimination at educational institutes that receive federal funding. Title IX reviews investigate complaints of sex-based discrimination, including, but not limited to, on sports teams, in classrooms, in academic programs, and related to campus sexual assault. Under Title IX, schools must have an infrastructure in place to accept reports of campus sexual misconduct, investigate those reports, and take appropriate action should the investigation determine sexual misconduct took place. If someone reports campus sexual misconduct, the Title IV administrator will review the report and determine whether a full investigation should take place.
Title IX investigations are separate from criminal investigations. You may face academic discipline based on the outcome of a Title IX investigation. These penalties may be in addition to any criminal investigation and charges you face.
What Are Title IX Investigations and Hearings?
A Title IX investigation seeks to determine whether there is sufficient evidence to support the accuser’s claims. If there is adequate evidence, the school may schedule a hearing. At a hearing, both the accuser and the accused can present their sides of the case. Although the hearing cannot result in a criminal ruling against the accused, if you are found guilty, you could face serious consequences including but not limited to:
- Suspension
- Expulsion
- Academic Probation
- Loss of Scholarships or Privileges
- Restrictions from Participating in Campus Life
- Termination from University Employment
Depending on the results of a Title IX hearing, you may be expelled from campus or face severe academic discipline. This can potentially forestall or even end your academic career. Expulsion from a university due to Title IX violations may make it difficult or impossible to enroll at another college. Even if you are not expelled, the stigma of being found guilty in a Title IX investigation may make campus life prohibitively difficult for many individuals. This is why a defense attorney is necessary if you or a loved one have been accused of sexual misconduct on a Florida campus.
Can I Go to Jail Due to a Title IX Investigation?
Title IX investigations are not criminal processes. They are considered academic procedures. College campuses cannot make criminal rulings based on their findings. However, Title IX investigations often go hand-in-hand with criminal investigations. This is especially true when the Title IX investigation includes allegations of sexual misconduct. In many cases, Title IX investigations can trigger criminal investigations that occur simultaneously. In other cases, the results of a Title IX hearing may cause the police to launch their own investigation.
Based on the results of a police investigation, you may be arrested and tried for sexual misconduct, separate from a Title IX hearing. The precise charges would depend on the circumstances of the case. Florida has a wide variety of laws regulating sexual misconduct. For example, a conviction for sexual battery carries a sentence of fifteen years in prison and a $10,000 fine.
It’s important to note that being cleared of a Title IX violation does not preclude a criminal investigation or criminal charges. Often, the police have access to greater investigative resources than college campuses. This means you may be cleared of sexual misconduct under a Title IX investigation but still get arrested and charged by the police. Similarly, just because you are found guilty in a Title IX investigation does not necessarily mean you will face criminal charges. Remember, being accused of sexual misconduct on a college campus usually opens a two-front war: a Title IX investigation that can ruin your academic career and a criminal investigation that can send you to jail. That’s why if you are accused of sexual misconduct on a Florida college campus, you must contact one of our firm’s experienced defense attorneys.
What Should I Do if I’m Accused of Sexual Misconduct on a Florida College Campus?
The rising awareness of campus sexual violence means accusations are being taken more seriously. In some cases, this can lead to overly cautious investigators assuming guilt from the beginning. This assumption can have disastrous consequences for the accused. If you or a loved one were accused of sexual misconduct on a Florida college campus, don’t leave your future to chance. Contact one of the experienced and passionate attorneys at The Defense Group today. We believe everyone deserves the right to the best representation and a fair day in court. We give each of our clients the best representation possible to ensure the best potential outcome for their case.
At The Defense Group, if we smell smoke, we don’t automatically assume there’s a fire. Don’t let overzealous college investigators or police officers bring an end to your future. If you or a loved one have been accused of sexual misconduct on a Florida college campus, call one of our attorneys today at 407-743-8430 to schedule a free case evaluation.
