Questions of Fairness Arise After Universities Crack Down on Sexual Assault and Sexual Violence

According to an article published by StarTribune, two students at the University of St. Thomas who returned to a dorm lounge after attending a party were caught retreating to a small bathroom where they engaged in sexual activity. The situation that followed drew the university into a legal battle and high-conflict national debate over the role of universities in monitoring accusations of sexual violence.

After the male student was suspended for sexual assault, he filed a lawsuit against the university, stating that he was suspended without a fair hearing and without an attorney present at his side. According to the report, this is only one of many lawsuits across the United States asserting that universities are infringing on the rights of accused individuals in an effort to prevent on-campus rape.

Many of these unfair efforts are a direct result of colleges who are becoming overzealous in abiding by Title IX in order to prevent a loss of funding from the federal government. Under Title IX, “No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.” When student sexual assault or sexual violence allegations occur, universities are required to conduct disciplinary hearings and punish any students who violate campus sexual consent policies.

Because the federal government has threatened to halt funds to any school that fails to respond aggressively to reports of sexual violence or assault, many colleges have implemented unfair disciplinary processes, which, in turn, have caused many students to be expelled from college and to become labeled as sex offenders without having a fair shot at defending themselves.

Caplan & Tamburino Law Firm, P.A. Can Fight for Your Rights

If you have been accused of sexual assault or sexual violence, it is crucial that you contact highly experienced legal representation right away. If accused, you may face serious life-altering penalties such as expulsion from school and being labeled as a sex offender, which can negatively affect several aspects of your future. When you get in touch with a Minneapolis Title IX lawyer at Caplan & Tamburino Law Firm, P.A., we will listen to the details of your case and determine which legal strategies can help you pursue a positive outcome as soon as possible.

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