Consequences of Sexual Misconduct On Campus
Campus administration uses a different standard than criminal court. They do not have to prove that the incident happened beyond a reasonable doubt. They just must think it is more likely than not that the person did the act. They can take any sort of action that they deem necessary up to and including expulsion from the university. Other consequences of sexual misconduct include loss of on-campus housing, restrictions on where they can go and what classes they can take, loss of the right to graduate, a transcript hold noted on their transcripts, inability to register for the next semester or longer, and even refusal to transfer credit to another university.
They can prohibit the person from going anywhere near where the alleged victim might be found on campus, including prohibiting them from entire buildings such as dormitory facilities. They can also restrict them from keeping their current class schedule if it involves shared classes with the alleged victim. They will force them to drop out of a class if the alleged victim is there, or convert it to an online-only class if the professor offers that.
The accused person does not get a refund of any tuition or costs associated with having to withdraw from the university or having to drop classes. They do not get a refund for anything they paid that they are not allowed to finish.
Criminal Charges
The criminal court cannot have the ability to impose any sanctions at the university level. Instead, they impose a period of incarceration, intense sex offender treatment, and a requirement to register as a sex offender. Those remedies are entirely within the purview of the court system and are not considered administrative sanctions at the university.
Mitigating Factors
Mitigation is also a factor, and attorneys will develop mitigation strategies to reduce any possible penalties. Mitigation in a sexual offense case will be something like having a pre-plea sexual evaluation done on the client or even getting them into mental health treatment before going to court. That sexual evaluation can then be used should they ever have to go to probation or sex offender treatment. It is provided to the DA in the context of settlement negotiations, so it cannot be used against them in trial. The evaluation concerns risky behaviors, safety factors, mental health conditions, recommended treatment, risk level for reoffending, and more.
Mental health treatments, community service, or victim impact panels are also options to help mitigate potential penalties. Sometimes, college students can benefit from a “respecting boundaries” class that discusses consent in a sexual context.
