If you are a student or faculty member at the University of Central Florida, Rollins, or Valencia College, one of the worst experiences is to be accused of gender-based discrimination. You might be accused of sexual harassment or bullying because of someone’s gender identity or sexual orientation, which could lead to disciplinary action; or a more serious act, such as sexual assault that could lead to criminal charges.
In the worst case, your college or university, the Orange County Sheriff’s Office, and the aggrieved party could act against you for violating the Code of Conduct, Title IX, and criminal statutes. If you need legal help after someone from college accuses you of a gender-based violation, a Winter Garden Title IX defense lawyer knows what to do.
Title IX of the Education Amendments of 1972 was enacted to deter discrimination because of sex or gender at publicly funded schools and universities, or any academic program that receives federal funds. The protections cover a broad spectrum of affiliates, including students, teachers and professors, coaches, athletes, and ancillary workers. The most common complaint is by female students who accuse male students of violating the law, but the protections encompass all sex-based discrimination and bullying in athletics and education.
Title IX outlines how schools must handle student complaints, including protecting the complainant, investigating the allegations, and disciplining the accused if the allegations are found to be true. Like criminal complaints, the accused is entitled to due process before being punished. In the worst cases, criminal charges could be filed. For competent and ardent representation if you are accused of sexual assault or harassment, contact a Winter Garden Title IX defense attorney now.
The Code of Conduct that all colleges and universities adopt is based on federal discrimination laws with Title IX the blueprint for sex-based discrimination. The Code informs students and faculty that certain behavior will not be tolerated, and infractions, depending on their severity, will result in reprimands, probation, suspension, expulsion and possible criminal charges. Some Title IX violations are:
Even if you do not realize you violated the Code and Title IX (for instance, a date may have misunderstood romantic advances), your school could still bring you before a disciplinary board. You are entitled to a Winter Garden lawyer who will gather evidence, interview witnesses, and advise you at the Title IX hearing, although they generally do not speak on your behalf.
If you are accused of sexual harassment, the accuser is alleging that you are making lewd gestures, touching them, demanding sexual favors for a better grade, or commenting about their body or sexual preferences, all of which makes them uncomfortable, afraid, or intimidated. Sexual harassment is a civil matter but can escalate to sexual assault if the touching progresses. If a jury finds the defendant guilty, the plaintiff can be awarded compensatory damages, attorney’s fees, and in extreme cases, punitive damages.
Sexual assault is an umbrella term for many types of unwanted sexual contact, with sexual battery, commonly called rape, among them. It is a first-, second-, or third-degree felony depending on the ages of the parties, the type of force used, the amount of harm the accuser sustains, and whether the perpetrator uses a weapon. Under certain situations, such as if the perpetrator is a law enforcement officer, the charge can be upgraded to an aggravated assault. Penalties range from a few years to life in prison.
A prosecutor must prove the defendant did not have the accuser’s consent and forced or coerced them into sexual contact using threats, intimidation, or by brandishing a weapon. If the accuser is mentally or physically incapacitated, they cannot give consent in Florida. Sexual assault includes attempted rape, unwanted fondling, or forced oral sex.
Colleges and universities adopt conduct codes, just as the federal government has enacted Title IX, to nudge people into behaving appropriately. Some school and government codes come with civil penalties, but when the gender-based discrimination escalates to unwanted sexual contact, Florida prosecutors charge it as a crime.
Criminal charges for sexual assault have repercussions beyond prison time that include loss of student loans, grants, and scholarships, the lifelong stigma that affects housing and job choices, and the ability to vote or own a firearm. Our skilled criminal attorneys tailor your defense to the facts. If you are accused of gender-based discrimination, a Winter Garden Title IX defense lawyer can help, from campus to criminal court. Call now for a free consultation.
The Umansky Law Firm Criminal Defense & Injury Attorneys