Do Not Underestimate The Seriousness Of Student Sexual Misconduct Charges
“David Nacht represented my son in a university proceeding involving very serious false allegations. He defended him vigorously, which resulted in a positive outcome. He was always there for both my son and me, and fought his hardest with a very caring and supportive attitude. He took phone calls at all hours and was very compassionate throughout a very grueling process. My son has since graduated from the university. I cannot thank David enough.” ~ Sandy B.
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 education law attorney 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 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.
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 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 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.
Prompt Action Is Important
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 866-965-2488 or use our online contact form.