Unique Aspects of Columbia Campus Sexual Misconduct Cases

Sexual misconduct is an extremely broad category. A person accused of sexual harassment and also has a deal with the Student Conduct Office in addition to the Title IX. Sexual assault can mean battery or actual physical contact beyond the threat.

If someone is charged and arrested criminally with sexual misconduct, it is referred to the Office of Student Conduct and Academic Integrity to decide whether there is going to be a hearing. If it goes to a hearing, they will have a Carolina Judicial Council Hearing with different staff members and students sitting in the hearing. There is a panel and staff members to make a decision based on the evidence presented at that hearing. The problem is that the process protection that they get on the criminal case is not available for people in the student conduct area. People who either falsely accuse someone or people who were overcharged are sometimes found guilty.

Following an accusation of sexual misconduct, reach out to an attorney as soon as possible. A skilled student misconduct attorney could be by your side during any campus disciplinary proceedings. Speak to an attorney to learn about the unique aspects of Columbia campus sexual misconduct cases.

Common Types of Campus Sexual Misconduct

A unique aspect of Columbia campus sexual misconduct cases is the wide array of offenses. Some of the most common forms of campus sexual misconduct are:

• Sexual assault
• Pornography
• Sexual battery
• Rape
• Sexual harassment

Sexual assault can be words or the actual conduct versus the sexual harassment. The act could be as simple as kissing them without getting necessary permission which is much different than rape. Criminal sexual conduct under the law has very specific definitions for all the different types of rape in South Carolina.

What Administrative Bodies Are Involved?

Student misconduct cases are all referred to either Title IX hearings or the Student Conduct and Academic Integrity Office to conduct the Code of Honor hearings. The Carolina Judicial Council hearing or organization hearing is another.

They could appeal the outcomes from those hearings which would go up to a panel review. The Committee on Academic Responsibility has a faculty senate that hears Honor Code appeals. The Vice President of Student Affairs or the Designee hears Code of Conduct Appeals in any case that involves policies related to Title IX, or inner personal violence that is heard by the Appellate Board or the faculty and staff who work outside the Division of Student Affairs.

Because of that, there is a wide array of administrative bodies from the University of South Carolina that are involved. It is best to speak to a seasoned attorney to learn about the nuances of a sexual misconduct case and the proceedings.

What To Avoid Following An Accusation

When a student is notified of misconduct charges, the first thing they should do is retain an experienced criminal defense attorney as soon as possible. It is an extremely serious offense which could cause a student to be suspended or expelled from school.

The other thing is to make sure they have no contact with whoever they believe is the person accusing them. They do not want any further contact with this person because that could be used against them in any way, shape, or form. They are allowed to hire a sexual misconduct lawyer. A lawyer could advise the student of how to best defend the allegations.

Consequences of Sexual Misconduct

Consequences of being found responsible for sexual misconduct on campus could be anywhere from being put on probation, suspension, or expulsion from the student conduct side of things if there is a violation of the Code of Conduct.

On the criminal side of things, they could be charged with criminal sexual conduct, lewd act. They could be put on the Sex Offender Registry depending on the nature of the charge, and they could be charged with a felony. Anything that deals with sexual misconduct is incredibly severe and should be dealt with accordingly. They have future consequences for their entire lifetime.

How a Campus Sexual Misconduct Attorney Could Help

The first thing a defense attorney will do is get all the information they can regarding the situation. The who, what, when, where, how, and why. Next, they are going to find out all the background information, provide the advice necessary to the person accused as to what the next steps would be, what the procedure is. The attorney will then build a strategic plan of defense based on the facts presented and the evidence that is obtained from the University.

Schedule a consultation to speak to a tenacious attorney to understand the unique aspects of Columbia campus sexual misconduct cases and how to build a defense.