DEFENDING AGAINST ACCUSATIONS OF SEXUAL MISCONDUCT ON CAMPUS

by Van Den Heuvel Law Office

Sexual harassment refers to acts of sexual misconduct. These actions may take the form of unwanted sexual advances, the pressure to give sexual favors or even sexual assault or rape. In Michigan, issues involving sexual misconduct are categorized as a criminal statute for criminal sexual misconduct. Instances of sexual harassment can involve date rape. Some people are particularly vulnerable due to their age. There are various levels of consent for those who are underage, and that’s especially true for situations involving professors or student aids. 

If you are facing accusations of sexual misconduct on campus, contact an attorney at the soonest opportunity. A Michigan criminal defense lawyer is your greatest ally in building a legal defense. Discuss your individual circumstances with our attorneys at Van Den Heuvel Law Office. 

How Sexual Misconduct is Defined on Campus

There are two standards that can be used to define incidents of sexual misconduct on campus. First, the college acts in loco parentis, meaning that the college functions in place of the parents. Even though a student may not be under strict supervision, there is a certain amount of supervision provided under the student code of conduct. The student code of conduct outlines appropriate behavior and details what constitutes sexual misconduct. Some schools follow the state’s guidelines for handling a student who is accused of sexual misconduct. Certain universities determine whether a student can stay on campus or avoid negative write-ups following an incident. 

The statute on criminal sexual conduct is the second of Michigan’s standards for defining campus sexual misconduct. The statute defines four degrees: three of these involve felony criminal sexual conduct, while the fourth degree is a high-court misdemeanor that is punishable by imprisonment. 

The judicial system becomes involved by the requirement of a criminal standard. If a student is convicted of criminal sexual conduct, then he or she may receive prison time and/or a criminal record, depending on what level the incident is categorized as. The punishment may also involve expulsion, counseling or both, according to the university’s code of conduct. Individuals charged with a sex-related crime need to discuss their situation with a Michigan defense lawyer immediately. 

Common Incidents That May Lead to a Sexual Misconduct Allegation

There are several common situations on a campus that may result in sexual misconduct allegations, particularly those involving alcohol or drugs. When under the influence of substances, the person’s inhibitions may be decreased, putting that person in a situation where they might not comprehend no for an answer, or are unaware of their actions and the potential consequences. 

Certain on-campus organizations may serve as opportunities for students to consume alcohol and drugs and participate in high-risk behaviors. These incidents can unintentionally lead to assault, sexual harassment or rape. 

If You Face Sexual Misconduct Allegations, Hiring a Criminal Defense Attorney Is Important

Sexual misconduct charges can have devastating impacts on a student’s life. This experience can prove to be difficult for the individual charged, and he or she risks expulsion and other severe consequences. Acting quickly alongside a Michigan criminal defense attorney can help to protect your rights. Discuss the next steps with an attorney at Van Den Heuvel Law Office. 

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