You will go through a disciplinary hearing if you have been accused of criminal sexual conduct at a Minnesota college. The college disciplinary board will conduct the hearing under Title IX law. This federal law requires learning institutions to investigate and resolve student sexual misconduct separately from concurrent or related criminal proceedings. The college administration will punish you appropriately if the hearing determines that you contravened the sexual consent policies under the college’s Code of Conduct. The punishment can range from suspension and college-imposed probationary period to expulsion and compulsory sexual education classes.
A violation of a college’s Code of Conduct may involve criminal charges. Knowing how college-based disciplinary action overlaps with criminal cases can help you develop an informed defense strategy. Working with a sex crime lawyer who has successfully represented people accused of criminal sexual conduct at a Minnesota college can better your chances of getting a favorable outcome from the disciplinary hearing and criminal proceedings.
Sexual misconduct can impact your academic and career prospects. The legal consequences can be dire if it becomes a criminal case. Max Keller can defend you aggressively and ensure your rights are protected. Keller has over 25 years of experience in criminal law. He is a former prosecutor who knows what it takes to clear your name. Call (952) 913-1421 today to schedule a free consultation.
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Understanding Criminal Sexual Conduct Charges on Minnesota Campuses
Title IX of the 1972 Education Amendments Act outlaws sex- or gender-based discrimination or abuse in any public educational institution. A federally sponsored college or university must follow the Title IX law.
The law requires every public college and university to establish a Code of Conduct to govern campus sexual interactions. Thus, the Code of Conduct varies from one college to another. The rules at the University of Minnesota (Minneapolis campus) differ from the ones at Macalester College. Still, they follow the overarching rules of procedures set by the federal government.
Alleged perpetrators of criminal sexual conduct in a learning institution may face one of the following charges:
- Sexual harassment between students or between faculty and students.
- Sexual assault involving physical sexual acts against one’s will.
- Stalking or indulging in behaviors that cause another individual to panic or fear for their safety or mental and emotional well-being.
A 2023 Sexual Assault Data Report shows that up to 2,947 sexual abuse incidents happened in colleges and universities in Minnesota from 2017 to 2023. Sexual harassment and assault cases, such as rape, contributed to a large percentage of these incidents.
The school administration is mandated to conduct an independent investigation into an alleged sexual assault incident. It must then take the alleged perpetrator through a disciplinary hearing and take the necessary punitive action if it finds the perpetrator guilty.
Criminal defense attorneys often get asked, “How should teenagers be punished for sex crimes?” Currently, the punishment that a teenager found guilty of criminal sexual conduct at a Minnesota campus can face depends on the severity. The college administration may impose long-term suspension, compulsory attendance of a sexual education program, probation, or expulsion. The juvenile court, on the other hand, may require the convicted teenager to serve time in a juvenile detention facility, undergo probation, or complete a mandatory specialized treatment program.
Differences Between Sexual Misconduct Cases on Campus and Criminal Cases
Campus disciplinary hearings and criminal proceedings involving sexual misconduct differ in several aspects, including:
The Nature of Proceedings
Minnesota campus sexual conduct incidents are investigated independently by the college administration. Disciplinary actions are taken to resolve sexual misconduct claims within the school. Criminal proceedings are handled by the police and courts. The goal is to enforce the law, investigate, and bring the offender to justice based on the state laws.
Standard of Proof
Universities and colleges follow the “preponderance of evidence” rule when establishing guilt. The disciplinary board gathers evidence to show that the sexual misconduct likely occurred. In criminal cases, the police/prosecution must show that the accused committed the act “beyond reasonable doubt.”
Rights of the Alleged Violator/Offender
Unlike in criminal proceedings, the rights of Title IX violators are limited. In a criminal sexual abuse case, the accused has the right to due legal process. The accused has full access to the sexual misconduct claim and the evidence gathered against him or her. The suspect also has the right to legal representation.
How College Disciplinary Actions and Criminal Cases Overlap
Title IX law gives the alleged victim the right to file criminal charges against the accused. The alleged victim reports to the police, who will investigate the case following state laws. In simple terms, you can face disciplinary action and criminal charges simultaneously.
Knowing what happens after getting arrested for sex crimes is important. That knowledge helps whether you’re facing disciplinary or legal action. Colleges and universities typically collaborate and maintain correspondence during investigations. Law enforcement may advise the school on the alternative legal options. The police may offer to preserve the evidence during an ongoing investigation.
Most criminal sexual conduct cases in colleges constitute sexual harassment and rape. Criminal charges associated with these cases fall under fourth- or fifth-degree criminal sexual conduct. Fourth-degree offenses carry up to 10 years in prison and up to $20,000 in fines. A fifth-degree criminal sexual conduct carries up to a 7-year prison sentence and a fine of up to $14,000.
Moreover, such crimes require sex offender registration. This registration will hurt your housing and parental rights. It will also hurt your career prospects and lead to travel restrictions.
Do You Need a Lawyer If You’re Accused of Criminal Sexual Conduct at a Minnesota College?
The Department of Education forbids school administrators from involving lawyers in Title IX proceedings. However, the law doesn’t restrict you from seeking legal guidance or support from an attorney. So, it’s wise to consult a criminal defense lawyer in Minnesota when facing a disciplinary hearing. You should also involve the lawyer directly if your sexual misconduct accusation at a college morphs into a criminal case.
You must understand that the student affairs office is not your advocate. The office only handles cases relating to student welfare and discipline. Its job is to ensure the necessary action is taken based on the college’s criminal accusations. It doesn’t fight on behalf of students.
Remember, what you say to investigators can be used against you. The charges brought against you might be false, and you might be tempted to speak freely. If you don’t know what to say, you may make incriminating statements.
Hiring a sex crime attorney soon after you get accused of criminal sexual conduct at a Minnesota college may help protect your rights. Your lawyer understands sex crime laws and how they apply to sexual misconduct cases. The lawyer will guide you on what to say during your disciplinary hearing.
At Keller Law Offices, we have successfully defended people accused of criminal sexual conduct at various Minnesota colleges. You can count on our aggressive attorneys to push for the best possible outcome from your legal situation. Contact us today to discuss your case with one of our criminal defense attorneys.
