Being accused of a sex crime on a New York college campus can be a life-altering event, affecting a student’s education, future career prospects, and personal relationships. With unique laws and disciplinary processes, these cases require a clear understanding of criminal law and campus policies. At O’Brien & Eggleston, our experienced Albany criminal defense attorneys are dedicated to protecting the rights of students facing such serious allegations.
Here’s what students need to know about navigating these charges.
Understanding Sex Crime Charges on College Campuses
Sex crime allegations on college campuses often involve accusations such as sexual assault, harassment, or misconduct.
These cases may trigger two separate processes:
- Criminal Proceedings: The New York State criminal justice system handles these cases, which can lead to severe penalties, including imprisonment, fines, and registration as a sex offender.
- Campus Disciplinary Actions: Colleges and universities conduct their investigations under Title IX, which may result in expulsion, suspension, or other disciplinary measures, regardless of the outcome of criminal charges.
Each process has different standards of evidence—“beyond a reasonable doubt” for criminal cases and “preponderance of the evidence” for campus proceedings—which can lead to conflicting outcomes.
Campus disciplinary hearings can be biased, with procedures often favoring the accuser. Students may not have the same rights to due process, including the ability to cross-examine witnesses or review evidence thoroughly.
Even if no criminal charges are filed or a student is acquitted, a negative outcome in a Title IX hearing can result in expulsion, permanent academic records, and reputational damage.
What Students Should Do If Accused of Sex Crime on a New York College Campus
Facing a sex crime accusation on a New York college campus can be overwhelming and frightening, especially with both legal and academic consequences at stake. How you respond in the early stages can significantly impact the outcome of your case. It’s crucial to take immediate and informed action to protect your rights, build a strong defense, and navigate the complex processes of both the criminal justice system and your school’s disciplinary proceedings.
Here are vital steps every student should take if accused of a sex crime on campus:
- Seek Legal Representation Immediately: Our experienced attorney can provide guidance through both the criminal and campus disciplinary processes, ensuring your rights are protected.
- Do Not Speak Without Legal Counsel: Anything you say to campus investigators, law enforcement, or school administrators can be used against you.
- Gather Evidence: Document any relevant communications, such as text messages, emails, or social media posts, that may support your defense.
- Understand Your School’s Policies: Familiarize yourself with your college’s Title IX procedures and ensure compliance with deadlines for responding to allegations.
At O’Brien & Eggleston PLLC, we understand the seriousness of sex crime allegations and the unique challenges students face in these cases. Our experienced Albany criminal defense lawyers are committed to defending your rights both in criminal court and on campus. We’ll build a solid defense to challenge the evidence, cross-examine witnesses, and ensure you receive a fair trial. In addition, we’ll guide you through Title IX proceedings, providing skilled representation to protect your academic standing and mitigate the impact on your future. Whether through negotiation, litigation, or advocacy in disciplinary hearings, our team will tirelessly safeguard your reputation and pursue the best possible outcome.
Contact Our Criminal Defense Lawyers in Albany at O’Brien & Eggleston PLLC
If you or your child has been accused of a sex crime on a New York college campus, early legal intervention is critical. These cases require a nuanced approach to address legal and academic challenges effectively. Contact our Albany County criminal defense lawyers at O’Brien & Eggleston PLLC today by calling (518)-391-2369 or online.
We have a strong track record of producing real results for our clients.