First degree criminal sexual conduct (CSC 1) is how Michigan defines the most severe of all sex crimes. Under all definitions, CSC 1 involves some sort of illegal or unwelcome sexual penetration, which stirs up imagery of a violent sexual act. As such, people who have simply been accused of CSC 1 and not even charged or convicted can still feel the impact of that accusation in all aspects of their lives, especially their educations.
How a CSC 1 Accusation Will Impact Your Education
Being accused of a sex crime as a college or university student puts you in a disadvantageous situation due to Title IX rules. In so many words, Title IX is part of a federal act that requires federally funded or supported educational institutions to investigate and act on any student-related sex crimes. The administration of the college or university must take action separately from any criminal investigation or law enforcement agency, effectively taking the “law” into their own hands. Failure to appropriately address a sex crime accusation can lead to harsh penalties for the college or university, including removal of federal grants, loans, and financing.
Oftentimes, administration boards feel pressured to swiftly penalize anyone accused of a sex crime on campus or against another student, just so the school can avoid federal backlash. As such, simply being accused of first degree criminal sexual conduct as a college or university student is likely to dramatically and negatively affect your education status.
Regardless of any evidence or lack thereof, the school’s administration can:
- Remove you from certain classes
- Suspend you
- Expel you
- Retract licenses or certifications
- Bar you from specific areas on campus
- Advise other universities to deny your application
Effectively, your entire educational career could come to an end just from one accusation. Keeping in mind that all of the aforementioned penalties and more are administrative, not criminal, so the criminal justice system does not get involved. You could even be proven completely innocent in criminal court and your college or university might still decide to expel you.
What Can You Do to Protect Your Education?
Thankfully, you are not completely without defense options after being accused of first degree criminal sexual conduct by another student. Title IX allows you to request a formal hearing to decide the administrative case, and you have the right to bring a criminal defense lawyer to that hearing, either for counsel or for representation. You can basically treat the situation as if it was an actual criminal defense case, even though it is technically not one.
When you retain your criminal defense attorney, let them know as much as you can about the case, your side of the story, what evidence can be used to prove your innocence, and so forth. Together, you can begin to build a strong defense that can stand up to the efforts of your accuser. The goal, just as in a criminal trial, is convincing the deciding party – this time the deciders are members of an administrative board, not a judge or jury – that penalizing you would be incorrect and unjust.
As a college or university student in Michigan accused of a sex crime like first degree criminal sexual conduct, you can rely on Prain Law, PLLC for reliable legal counsel. For years, Attorney Prain has accepted difficult sex crime cases and he has earned a history of impressive victories. Call (248) 731-4543 to request a consultation today.