Student Sexual Misconduct

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David Nacht represents students, professors and employees who are accused of violating sexual misconduct and sexual harassment policies.

When your reputation and career are on the line, you feel as though you are being accused of committing a crime. You need an experienced lawyer to guide you through the internal investigation process that colleges and universities use. It is an enormous mistake to sit through an interview without being accompanied by counsel. Seemingly innocent statements and admissions by you, or a denial by you of facts that the university can prove, can result in a university official finding you "responsible" for an act that you did not commit.

What Happens?

The stakes are incredibly high.

  • Students are being suspended and expelled from universities.
  • Applications to other colleges, graduate schools and jobs are harmed.
  • Professors and other employees are fired.
  • Referrals are now routinely made to police authorities for possible criminal prosecution for sexual misconduct.

Defending The Accused In University Investigations

The defenses to a university investigation are similar to those in defending a civil lawsuit.

  • Sometimes, the critical defense lies in proving something simple: The accusation must be false because you have an alibi.
  • We can find a corroborating witness through our independent investigation to support your defense and undermine the claimant's statements.

  • Sometimes, the critical defense strategy lies in establishing a due process violation in the investigation itself.
  • Many colleges and universities are "winging it" in creating new investigatory procedures, concerned more with keeping their own administrators out of trouble than with protecting the rights of the innocent and falsely accused.
  • We prepare our clients thoroughly before they are interviewed.
  • We have been doing this work for decades and understand the culture of higher education administration. We have saved many careers each year with our work.

Helping You Understand The Process

The university investigates the accusations through a process governed by a federal law, Title IX. University investigations under Title IX have changed in the past few years in response to pressure from the U.S. Department of Education. New investigations give the accused fewer rights. For instance, most colleges have taken away the right to cross-examine the accuser. The accused must make efforts to prove that they are innocent by bringing new facts to light. There is often the potential for an appeal by either the accuser or the accused.

  • The mounting of a defense requires subtle judgment calls.
  • We are careful to consider potential implications for a criminal case.
  • We present facts that from our experience will seem plausible to university investigators.
  • We must also act consistent with the university's own rules governing the process.

David Nacht has been working on Title IX cases since 1994 and has successfully helped many clients protect their reputations and their careers. He is available for university cases across the country. To schedule an appointment with the firm regarding your situations please call NachtLaw.

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