Sentencing in Columbia Campus Sex Crimes Cases

Criminal cases require proof beyond a reasonable doubt of every element of that criminal offense. However, in campus student conduct cases, the standard is “more likely than not,” which is similar to a “preponderance of the evidence” standard. Both of which are much lower burdens of proof than that used in criminal courts.

With the burden of proof dropped so low and the lack of certain due process protections in student conduct and honor code cases, it sometimes can be challenging to defend against the charges. This is one reason that sexual misconduct cases often become a case of he-said, she-said. Since the burden of proof is so low, it is vital to have an experienced attorney who can work to find evidence of consent and build a proper defense.

An experienced defense attorney knows how to build a defense and package mitigation evidence in a passionate and persuasive way to show the reasons why either the event did not occur or, if the event did occur, why there should be leniency and mercy provided to the accused student. A skilled student defense attorney can sit down with accused student, go through all the facts and circumstances of the case, tell them what they need to collect for defense and mitigation evidence and prepare them for the hearing. The lawyer will work on how to address the panel and be a trusted advisor for the student who answers all the student’s questions so that the student can present a persuasive argument and hopefully avoid harsh punishments.

Reach out to a tenacious campus sexual misconduct attorney to learn about the process for a panel hearing in Columbia campus sex crimes cases.

Low Burden of Proof Standard in On-Campus Sex Crimes Cases

With such a low burden of proof for on-campus student conduct sex crimes cases, it increhttp://sccriminallaws.com/columbia-criminal/student-defense-lawyer/campus-sexual-misconduct/ases the likelihood that somebody is found guilty even when they are innocent. Campus student conduct cases generally do not have the same due process rights that are typically afforded in criminal court, such as the full right to counsel, the right to confront the accuser through cross-examination, and due process protections. When these critical rights are taken away, and the burden of proof is low, the process can be problematic and cause innocent people to be found guilty even with a low level of evidence.

The Sentencing Process

When a sex crime is also addressed by the University’s Office of Student Conduct, then a hearing will generally be held by the Carolina Judicial Council. The accused student faces a panel of three students and two faculty or staff members. This panel will deliberate and may make findings and sanctions, and even a statement of the right to appeal because the student can appeal that determination.

Sanctions can include everything from a reflection essay, personal development courses, community service, and awareness classes on the low end and even up to suspension and expulsion from the University.

In sex crimes cases, suspension or expulsion is generally more likely than in any other type of allegations that are put before a student conduct panel hearing. Housing restrictions are also possible consequences depending on the allegations and the findings from the panel hearing.

Penalties of a Responsible Finding

Criminal charges can apply before, during, and after on-campus sex crime hearings. It is imperative that an accused student seek the counsel of an experienced defense attorney, as these matters can become criminal charges with significant, life-long consequences.

Since the burden of proof is low in on-campus hearings, the likelihood that someone is completely innocent and is found in violation of the student code of conduct is high. In addition to that, sex crimes are very serious, so students wrongly found responsible may face severe and unjust punishments like expulsion from the university.

Option to Appeal a Finding of Responsible in An On-Campus Sex Crime Hearing

A student has the right to appeal a verdict in an on-campus sex crime hearing. Decisions from the Carolina Judicial Council are generally final and are the highest level of a case resolution because an appeal is only allowed if there has been a procedural error, or if there is new evidence that could not have been available at the time of the hearing.

The appeal from a Carolina Judicial Council occurs when there is a deviation from a procedural rule or when the Council is prejudiced by the findings of the committee. It can also apply when there is new evidence that was not available at the time of the hearing. The people who review the appeals are different faculty and staff members.

Depending on the type of case, there is a committee on academic responsibility and then a faculty group organized within the faculty system that hears honor code appeals. The Vice President of Student Affairs will designate and hear code of conduct appeals, and any case that involves policies or is related to Title IX or interpersonal violence is heard by an appellate board of faculty and staff who work outside the division of student affairs.

How a Campus Sexual Misconduct Attorney Could Help

Due to the low burden of proof standard of “more likely than not”, a student should consult an attorney immediately upon receiving information that they are under investigation or received a complaint from the Office of Student Conduct and Academic Integrity.

By waiting too long to contact an attorney, the student may end up in a situation in which the exonerating evidence has been destroyed or unattainable. It is best to speak to an experienced attorney to discuss their case and learn about sentencing in Columbia campus sex crimes cases. Schedule a consultation today.