HELPFUL ADVICE WHEN YOU FIND YOURSELF FACING ALLEGATIONS OF SEXUAL MISCONDUCT AT COLLEGE
1. Exercise your right to Remain Silent. Do not talk to anyone or turn over any kind of evidence (i.e. text messages, Facebook messages, letters, etc...), especially to university officials without having your attorney present. You will have plenty of time to present your evidence. Don't believe for a minute that the university is interested in discovering the truth. The university is interested in reducing their liability by obtaining evidence which they intend to introduce and use against you during your hearing.
2. Consult with an attorney immediately!!! You will likely want to use a criminal defense attorney initially as you may also find yourself being investigated by law enforcement. DO NOT make any statements to anyone until you have conferred with an attorney!
3. Guilty until proven innocent. Understand that the university (Title IX investigator) will be operating under the belief that an accuser would never lie about sexual assault therefore you will be viewed as guilty and required to prove your innocence. An attorney will be your best avenue to mount a defense against this harmful tactic.
4. Notify your parents or family. Do not fool yourself into thinking for a moment that because the truth (your innocence) is on your side that you can handle this matter without involving your parents or family. The university will intentionally isolate you and may even threaten you with removal if you don't do exactly what they ask of you. You will need the support of your loved ones as this will be a very difficult and emotionally & psychologically demanding process. Now is not the time to go it alone.
5. Keep quiet and do not talk to friends or post anything on social media about the case or investigation. The only people you should talk to about your case are your parents and your attorney.
6. Save texts, emails and social media. It could be very useful to your case and possibly used as exculpatory evidence by your attorney.
7. The university is not your friend. Regardless of what the school tells you, they DO NOT have your best interest at heart, only theirs.
8. Alcohol equals expulsion. If your accuser consumed any alcohol at all prior to or during engaging in sex with you, you will most likely be expelled. In the university’s eyes, alcohol use by a female often negates any consent to sexual activity.
9. Contact us. We do not offer legal advice, but we do have quite a bit of useful knowledge, experience and understanding regarding the university adjudication process for sexual misconduct disciplinary cases.
10. Remain calm but seek mental health help and academic help. Anger, depression, anxiety are all normal feelings that you will likely experience so seeking mental health help is essential to assisting in your ability to remain cool, calm and collected (composed). The same goes for seeking academic help. Effectively addressing the stress that comes with the Title IX university investigation and adjudication process will serve you best during this time of adversity. You are stronger than you know and tomorrow is a new day. "Illegitimi Non Carborundum"
Helpful materials below!
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