Michigan State University Student Sexual Misconduct

Michigan State University is known for its academics, athletics, and vibrant student population. Unfortunately, it gained notoriety for a sexual misconduct scandal in the past. Since then, the school has developed a comprehensive policy to combat sexual misconduct. As a result, more students find themselves accused of inappropriate sexual behavior. If Michigan State University finds that a student engaged in sexual misconduct, it can have severe repercussions on their status in the school and their reputation. It is important for anyone accused of such acts to talk to an experienced attorney as soon as possible. Sam Bernstein of ArborYpsi Law is a knowledgeable Ann Arbor criminal defense lawyer who is proficient in helping people handle Michigan State University student sexual misconduct accusations. If he represents you, he will help you fight to protect your interests.

At Michigan State University, the Office for Civil Rights and Title IX Education and Compliance, which was established in 2018, handles reports of sexual misconduct. The University defines sexual misconduct as unwanted sexual advances or requests for sexual favors and any other unwelcome sexual behavior that is persistent, pervasive, or severe. It also includes sex acts performed without consent, statutory rape, and sexual exploitation.

The school does not impose a time limit on when alleged misconduct must be reported. The University’s Title IX Coordinator carries out the school’s obligations under Title IX, including implementing policies and grievance procedures. The Office of Institutional Equity (OIE) investigates reports of Title IX violations, and anyone can report potential violations to the OIE. They can also report the alleged conduct to the Title IX Coordinator, the University, or local police.

Following a report, the OIE will assess conduct in an initial assessment. If the OIE or the accuser files a formal complaint following the assessment, it will begin the grievance process. The primary stages of this process are an investigation, a hearing, a decision, and potentially an appeal.

The investigation must be neutral. During the investigation, the accused party has the opportunity to review the evidence against them and present evidence and facts in their defense.

After the OIE investigates the alleged complaint, if the case is deemed eligible for a hearing, the OIE will refer the matter to the Resolution Office, and a hearing will be conducted before a Resolution Officer. The hearing is similar to a trial in that the accused party will have an opportunity to question their accuser and any witnesses with relevant information. Also, the accused party is presumed not to have engaged in any prohibited conduct unless the evidence establishes otherwise. Further, their guilt must be established by a preponderance of the evidence, which means they will only be found responsible for the alleged conduct if the evidence shows that they engaged in the purported behavior. The accused party does not have the burden of collecting or presenting any evidence. The accused has the right to be represented by an advisor during the proceedings, and the advisor can be an attorney. While it is not necessary for them to have legal representation, it is wise to do so to avoid unintentionally waiving important rights.

Following the hearing, the Resolution Officer or investigator will issue a determination. Either party can appeal the decision within ten days.

Allegations that a student engaged in sexual misconduct can alter the course of their life, but simply because someone accuses a student of inappropriate behavior does not mean that they no longer have any rights. If you attend Michigan State University and are contending with allegations that your actions constituted sexual misconduct, it is advisable to talk to an attorney about your options. Sam Bernstein of ArborYpsi Law is an assertive Ann Arbor criminal defense lawyer who takes pride in helping people protect their reputation and rights. If you seek out his services, he will work tirelessly to help you seek a positive outcome. We, at ArborYpsi Law, assist people accused of sexual misconduct and criminal offenses throughout Michigan, including cities in Ann Arbor, East Lansing, Dearborn, and Flint. You can reach us through our form online or by calling us at (734) 883-9584 to set up a confidential and free consultation.