Being accused of sexual harassment or a sexual crime is a serious allegation. If you face this situation, you may still be in shock, understandably scared, upset, or even angry. Depending on the nature of the allegations, there are many outcomes. Ideally, the person who has made the outrageous allegation against you will recant their story, but you understand it is possible to face criminal charges or dismissal from your college or university.
Situations involving teens and young adults are rarely clear-cut, and bad judgment and hormones aren't helping. Once alcohol and drugs are added, things get even more complex. If you or your college student are facing academic or criminal charges for sexual crimes or misconduct, the Lento Law Firm can help. Our attorneys are well-versed in both criminal defense and college and university disciplinary action defense. The Lento Law Firm attorney will work tirelessly to protect your rights and mitigate or eliminate the criminal and academic consequences you could be facing. Contact us today by calling 888-535-3686 or use our online form.
New Jersey Criminal Laws on Sexual Crimes
Campuses operate like their own cities, with their own campus police, disciplinary system, and more. It can feel like “what happens on campus stays on campus,” but there are very real-world consequences for committing a sex crime at your college or university. If you are being accused of committing sexual harassment at your college or sexually harassing a student or faculty member, you can absolutely be facing criminal charges in addition to on-campus disciplinary action.
Numerous sexual crimes can get you in trouble, not just on campus but with New Jersey law enforcement. There are four main types of sexual crimes detailed in New Jersey law:
- Harassment
- Sexual assault (in the first degree and the second degree)
- Criminal sexual contact
- Lewdness
It is important to know that New Jersey law and your college or university's definition of these crimes will differ, and the punishment processes are separate. Fortunately, the Lento Law Firm can assist you on both fronts.
The Legal Process in New Jersey for Sexual Crimes
If you are accused and there is sufficient evidence of any of the abovementioned sexual crimes, there is a chance you will be arrested and charged by your local New Jersey police department. You should contact the Lento Law Firm immediately so we can work on getting you out of jail and reducing or eliminating these charges before even more damage is done. Our seasoned attorneys may be able to get you a plea bargain where you plead to a lesser charge for a reduced sentence and avoid trial altogether. If you go to trial, your Lento Law Firm attorney will present the evidence and argue for your freedom before the court. The legal process is long and difficult, but the Lento Law Firm attorney will be there for you every step of the way.
Sexual Misconduct on New Jersey College Campuses
When many people think of sexual crimes or misconduct on college campuses, their minds automatically go to the party rape scenes we see in movies and tv, but that is far from the only sexual crimes that happen on college campuses. In fact, many students don't realize that the jokes they make and seemingly harmless comments or flirtations can fall within the scope of sexual harassment and can cause real problems for them. Common sexual crimes and misconduct on college campuses include:
Sexual Harassment
Sexual harassment covers a broad range of acts, from requesting sexual favors, making sexual advances, and, as mentioned above, even making jokes of a sexual nature. Unlike most other sexual misconduct, harassment doesn't require any form of physical contact, which makes the line for what is harassment can be blurry.
New Jersey colleges and universities are bound by Title IX, a law prohibiting gender and sexual discrimination in any federally funded institution or program. Title IX provides numerous relevant definitions, including that for sexual harassment (which will be discussed below, but each New Jersey college and university will provide their own definition in more readable (non-legalese) for students. For example, Rutgers University defines sexual harassment as follows:
Sexual harassment refers to unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct or communication of a sexual nature when:
- Participating in that sexual conduct is made either explicitly or implicitly a term or condition of an individual's education, educational or campus life activities, or
- Participating in or rejecting the sexual conduct by an individual is used as the basis for academic or student life decisions affecting that individual or
- The sexual conduct has the effect of unreasonably interfering with an individual's education or academic performance or creating an intimidating, hostile, demeaning, or offensive campus, work, or living environment
Sexual Intimidation
Sexual intimidation can be considered an offense separate from or under the umbrella of sexual harassment. It is a single or series of threatening behaviors of a sexual nature that leads another person to fear for their physical well-being. Examples of sexual intimidation include threatening to sexually assault or exploit someone or exposing yourself to them without consent.
Sexual Exploitation
Sexual exploitation involves acts where you use another person's sexuality or nudity for sexual gratification, financial benefit, or any non-legitimate purpose without their consent. Several acts fall under the category of exploitation, including observing, recording, streaming, taking, and distributing video or audio recordings of another person without their consent.
Another common form of sexual exploitation seen in colleges and universities is getting another student drug, high, or otherwise incapacitated to engage in non-consensual sexual activity. This form of exploitation is perhaps one of the most alleged on campuses, and if you are facing this allegation, you have an uphill battle ahead of you. Things get messy when alcohol is involved, and the line between drinking with a potential romantic interest and it being sexual exploitation can be a fine one. It is easy to make mistakes in this area that can have devastating consequences. Make sure to consult the Lento Law Firm attorney before speaking to anyone.
Sexual Assault
Sexual assault, also referred to by some schools as non-consensual sexual contact, can be a wide range of physical sexual acts. Sexual assault can include:
- The non-consensual touching, with the hands or any other body part, of another person's intimate body parts, including the groin area, genitalia, breasts, buttocks, or mouth
- Forcing another person to touch your intimate body parts
- Non-consensually, through coercion or by force, threat, or intimidation, penetrating a person orally, anally, or vaginally with an object or body part
Title IX and Sexual Misconduct
Title IX is the most important federal law regarding how colleges and universities address sexual misconduct. What Title IX does is it requires colleges and universities to have established policies and procedures in place that address sexual harassment and assault allegations. The law sets out certain requirements the policies and procedures must meet to promptly resolve complaints by supporting the alleged victim and preserving the rights of the accused.
How well schools truly protect the rights of the accused varies, so it is crucial to have the Lento Law Firm representing you. You cannot afford to have your New Jersey university or college cutting corners or violating your rights during a sexual misconduct disciplinary action process.
Sexual Harassment Under Title IX
As mentioned above, Title IX has its own definition of sexual harassment, which schools must adopt. In Title IX, sexual harassment is referred to as sex-based harassment, of which there are three main types. The Title IX definition of sexual harassment is as follows:
Sexual harassment means conduct on the basis of sex that satisfies one or more of the following:
- Quid pro quo harassment: a school employee conditioning education benefits on participation in unwelcome sexual conduct or
- Hostile environment harassment: unwelcome sex-based conduct that, based on the totality of the circumstances, is subjectively and objectively offensive and is so severe or pervasive that it limits or denies a person's ability to participate in or benefit from the recipient's education program or activity or
- Specific offenses of harassment: Sexual assault, dating violence, domestic violence, or stalking
2024 Changes to Title IX and How They Impact Students
Unless you are a university employee or political fiend, it is unlikely that your finger is on the pulse of all the Title IX changes that have happened throughout recent presidencies. Fortunately, the Lento Law Firm attorney is well-versed in the changes to Title IX that became effective on August 1, 2024. The Department of Education's 2024 amendments to Title IX significantly changed how sexual harassment allegations are handled on college and university campuses.
Below is an overview of these changes and how they can impact your sexual misconduct proceeding. Each case is different, and the law is complex, so the Lento Law Firm attorney will better walk you through how these changes impact your specific case during your consultation.
Expanded Definition of Sexual Harassment
The 2024 rules provide a more comprehensive definition of hostile environment harassment. This definition is the one provided in the sections above.
Mandatory Reporting Requirements
Mandatory reporting requirements are always a bit difficult. Often, other people, students and faculty alike, don't want to get involved in any sort of perceived drama of others. However, the amendments to Title IX have expanded mandatory reporting obligations to reach more school employees than previously. Under the 2020 version of Title IX, only people with actual knowledge of the alleged sexual harassment were required to report. Now, school employees (who are not confidential employees) are required to report when they have information that may rise to the level of sexual discrimination. Mandatory reporters include professors, academic advisors, and some student employees may now be required to report.
While the change intends to encourage reporting legitimate incidents, faculty and students may now be reporting when they don't know the full facts for fear of getting in trouble for not reporting. Increased mandatory reporting can also mean reporting illegitimate cases or cases that have been resolved independently. Not every incident of sexual harassment warrants a formal investigation and university involvement. If your incident has been resolved or a false accusation has been made due to an inaccurate mandatory reporting incident, contact the Lento Law Firm immediately so we can nip this in the bud before things get out of hand.
Broadening the Definition of “Complaint”
Under the 2020 Title IX regulations, complaints had to be formal. They were made in writing and signed by the person filing the complaint (not necessarily the alleged victim). The 2024 amendments, like the mandatory reporting requirements, have been broadened. Complaints can now be made orally. For example, suppose a student is speaking with a professor and mentions another student has sexually harassed them. In that case, the university is not put on notice and must investigate the allegation.
Mandatory Dismissals
The 2020 changes to Title IX required that schools dismiss any sexual misconduct allegations for any of the following reasons:
- The college or university was unable to identify the accused
- The accused is not participating in the college or university's educational program or employed by the college or university
- The person filing the complaint withdraws the allegations
- The Title IX Coordinator declines to initiate a complaint, and the college determines that even if the allegation were true, it wouldn't be a Title IX violation
Under the 2024 changes, a school may dismiss a case for these reasons, but it has the authority to pursue an investigation; it is up to the school's discretion.
Live Hearings, Cross-Examination, and Witnesses
The law regarding live hearings and cross-examination has flip-flopped a lot in recent years. The 2020 amendments to the law forced all colleges and universities to have a live hearing for all sexual misconduct allegations, regardless of the allegation. That meant that whether a student was accused of sexual assault or making sexually inappropriate jokes, a live hearing had to be held. The 2024 amendments have revoked that change, and schools are no longer required to have live hearings.
Schools are now permitted the “flexibility to adapt the regulations' grievance procedure requirements to their educational communities so that all schools can implement Title IX's promise of nondiscrimination fully and fairly in their educational environments." Essentially, this allows schools to consider their size, staffing, the nature of the allegations, and other factors when making their policies. For example, they can choose informal resolutions and formal pathways with hearings. So long as the school clearly states its policies and procedures and implements them consistently, the colleges have more control.
Not having a live hearing requirement can be good if you are accused, particularly for a false allegation or for harmless sexual misconduct. Not being subject to a live hearing preserves university resources and can minimize ordamage to your reputation throughout this stressful and difficult time. As soon as you are accused of sexual misconduct, contact the Lento Law Firm; the earlier we are on your side, the faster we can advocate college officials against a live hearing in your case if that is the best option for you.
There are still cases where a live hearing is required. These cases are those where you are facing suspension or expulsion. In serious cases like this, you need a seasoned attorney from the get-go. Hearings are like court cases; just like you wouldn't go to court alone, you shouldn't go to a hearing without representation from the Lento Law Firm attorney.
Under the 2020 changes, in-person cross-examination for all sexual harassment complaints was required. That is no longer the case. Title IX now allows alleged victims and perpetrators to be cross-examined in separate rooms using speakers, listening devices, and other technology. The nature of the questions permissible, both to the accuser and the accused, has also changed. The amendments strictly prohibit questions that are "unclear or harassing to the party being questioned." What that means can be difficult to interpret, but the Lento Law Firm attorney will be present at all cross-examinations to ensure your rights are protected.
Witnesses, and therefore, who are subject to examination and cross-examination, have also changed under the 2024 amendments. Your college or university must have a process in place that assesses the credibility of all parties involved, including witnesses. This can be beneficial because it can weed out false witnesses or people with only second or third-hand knowledge of the alleged incident.
The Preponderance of the Evidence Standard
An evidence standard, also called a standard of proof, is simply the standard for how much evidence is required to prove or disprove the allegation against you. The 2024 Title IX amendments require that schools use the “preponderance of the evidence” standard unless the school consistently uses the "clear and convincing evidence" standard for all other comparable proceedings, such as discrimination complaints. Your school's Title IX webpage will explicitly state the evidence standard your school follows. For example, at Rutgers University and Princeton University, the standard is preponderance of the evidence. The preponderance of the evidence in plain terms means the evidence shows that it is "more likely than not" that a Title IX violation (sexual misconduct) occurred.
Expansion of Jurisdiction: Off-Campus Violations
The 2024 Title IX amendments significantly expand the reach of where Title IX violations can occur. Under the 2020 changes, schools didn't have much authority to take action for allegations that didn't occur on campus. School policies should now address off-campus incidents anywhere from local to out-of-state and even study abroad. Common local locations where incidents occur are fraternities and sororities, social and sporting activities or clubs, and even bars and clubs where students meet up. In addition to having jurisdiction over events on a significant geographic scale, Title IX covers sexual harassment that occurs online.
You may wonder how schools have jurisdiction to punish students for their behavior off-campus. Under Title IX, if an incident contributes to a sex-based hostile environment occurring under the school's education program or activity, it counts as a Title IX violation. Simply put, if the incident impacts a school or a school program, that falls within Title IX jurisdiction.
What Title IX Changes Mean for You When Facing Sexual Misconduct Allegations
As Title IX is constantly evolving, colleges and universities are required to train all their employees annually. As a student, you may remember being required to take Title IX training as part of your school orientation. While schools are doing their best to ensure both students and staff are aware of the law and its numerous changes, there is bound to be confusion. Aside from your school's Title IX office, everyone has higher priorities and other things they were hired to do. While school officials and other students may think they are doing the right thing or handling things appropriately when you are accused of sexual misconduct, you need a Lento Law Firm attorney to ensure everyone from reporters to witnesses, and your college is in line. The Lento Law Firm is experienced in protecting accused students' rights under the new Title IX amendments.
Disciplinary Procedures for New Jersey College Students Accused of Sexual Misconduct
Unfortunately, the disciplinary action process for Title IX sexual harassment violations can be lengthy. As mentioned above, schools can resolve situations formally or informally and address Title IX violations slightly differently. If an allegation of sexual harassment has been made against you, you can expect the Title IX process to roughly follow this trajectory:
Filing a Complaint
Sexual harassment complaints will be sent to the college or university's Title IX coordinator. This person's full-time job is to provide training to students and staff on Title IX, ensure compliance, and investigate complaints. As discussed above, there are numerous mandatory reporters who can file a complaint, and complaints can be written or verbal. Non-mandatory reporters are also permitted to report. Complaints should be thorough and include all relevant details of the alleged incident, including dates, times, and witnesses.
Initial Assessment and Supportive Measures
When the Title IX coordinator receives the complaint, they will conduct an initial assessment to determine whether the allegations fall under Title IX jurisdiction. Based on the nature and severity of the allegations, the Title IX coordinator will decide whether supportive measures should be implemented.
There are a wide range of support measures including:
- Access to counseling and medical services
- Academic support to change or transfer classes
- Academic support to reschedule exams and assignment deadlines
- Changes to university work schedules or job assignments
- Establishment of a Mutual No Contact Order
A Mutual No Contact Order would restrict the contact between you (the accused) and the alleged victim. This order will prohibit any communication, in person, by text, email, social media, etc., between the two of you. This can be a good option, even if not suggested by the Title IX coordinator. There is no circumstance where you should contact the alleged victim without consulting the Lento Law Firm attorney. Mutual No Contact Orders don't become part of your permanent record, so it will not be visible if you transfer schools or apply to graduate school. There are no downsides to having this order in place while navigating the Title IX investigative process.
Investigation Process and Investigative Report
If the allegations in the complaint fall under Title IX jurisdiction, the Title IX coordination will open an investigation. Investigations are complex and multi-stepped, which is why it is important to pursue support measures in advance, whether it's ensuring you are no longer in classes or contact with the alleged victim or counseling for your own mental health.
The Title IX coordinator will begin by appointing an investigator. Under previous Title IX rules, schools were required to have more than one investigator on the case, but schools are now allowed to use the one-investigator model. This means there may be only one investigator handling your case. The investigator collects evidence, interviews both parties and witnesses, and drafts a report with their findings at the conclusion of the investigation.
The investigator will collect any evidence relevant to the case, including emails, text messages, social media posts or messages, photos, videos, and physical evidence. During this time, the Lento Law Firm attorney can provide the investigator with evidence that supports your side of the story. Do not provide evidence or speak to an investigator without talking to the Lento Law Firm attorney.
Investigators are trained thoroughly and will assess every witness for their reliability and credibility. This means that the person accusing you of sexual harassment can't just have ten random friends providing testimony against you. If you are concerned about the legitimacy of any witnesses being interviewed, contact the Lento Law Firm attorney immediately.
At the end of the investigation, the investigator will write a report outlining their findings. The report generally includes a summary of the evidence provided, an analysis of the parties' credibility, and evidence supporting each side of the story. Both you and the alleged victim will have the opportunity to review the report before it is finalized. The Lento Law Firm attorney will review this document with you and advocate for changes to the report on your behalf if necessary. You will likely have the opportunity to submit a written response to the report; this will be drafted by the Lento Law Firm attorney to correct any inaccuracies, provide additional information, and, most importantly, ensure your best defense is put forward before any charges are filed.
Notice of Charges
If sufficient evidence supports the sexual harassment claim against you, the Title IX coordinator will move forward in the disciplinary action process. To begin this step, you will receive a notice of charges. This is a detailed description of the allegations and evidence; it should look very similar to the investigative report. The document will provide information on the next steps in the process, including a hearing if your school decides to take this formal action. If you have not done so yet, contact the Lento Law Firm immediately; these charges are serious, and you cannot afford to do this alone.
Hearing
A hearing works like a court case because both parties get to argue their case by presenting evidence, witnesses, and more. Schools operate differently; your school may have a panel or a single adjudicator; this information should be included in the notice of charges you received. The Lento Law Firm attorney will represent you at the hearing.
Determinations
The panel will decide shortly after the hearing; the timing should be included in the notice of charges or at your hearing. Depending on the nature and severity of the incident, you could be facing reprimands, limitations on on-campus activities, or even expulsion.
Appeals
Schools differ in their appeals processes, but they generally involve submitting a written appeal to the school shortly after the determination is issued. Your Lento Law Firm attorney can walk you through the process in detail.
Areas We Serve in New Jersey
Wherever you are located in New Jersey, the Lento Law Firm can help. We have represented students at colleges and universities throughout the state, including the College of New Jersey, Rutgers University, Rowan University, Stockton University, and Fairleigh Dickinson University.
Why You Need the Lento Law Firm for Your Sexual Misconduct Criminal and College Disciplinary Action Proceedings
Your entire future is on the line when you're facing sexual harassment allegations. Whether it's jail time, expulsion from your college or university, or your reputation, you have too much to lose. Even if you have done nothing wrong, you cannot leave it to chance that law enforcement or Title IX investigators and adjudicators will be on your side. The Lento Law Firm attorney is the only person you can rely on to always put you first. Let us fight for your freedom and future today; call us at 888-535-3686 or contact us using our online form.
