Sometimes on college campuses in Texas, there is unwanted communication that rises to the level of harassment. This harassment could include verbal communication as well as communication through e-mails, texting, or any other digital communication form.
If the communication is unwanted by the other party, persistent, and harasses, annoys, or creates a threat against someone, it can be a criminal violation that also is in violation of Texas Tech’s student code of conduct. The code of conduct requires that certain behavior happens on campus and between students or staff. If a person has someone making an allegation against them that a sexual harassment occurred, that subjects the person to the issues of a student code of conduct investigation. If you are facing charges, a Lubbock student sexual harassment and misconduct lawyer will be essential in building your defense and asserting your innocence.
Common Places for Allegations to Occur
Some places on college campuses that commonly have sexual harassment or misconduct allegations include the dorms and the Student Union Building. Sexual harassment or misconduct allegations may happen at the recreational center and at Texas Tech’s leisure pool. It can occur within the classroom and any place on-campus or off-campus.
When there is an allegation made against a Texas Tech student, it is important to know that it may not matter if that allegation occurred on or off-campus. When a Texas Tech student is arrested by the Texas Tech Police Department, they receive a referral to Student Judicial Services. If they are arrested by the Lubbock Police Department or another agency, they may not get a student judicial services referral.
Sexual assault and sexual harassment cases differ because there is an accuser in the case. If the accuser is also a Texas Tech student and makes a complaint, under Title 9 of the US Code, Texas Tech has an obligation to conduct an investigation into the charge, even if it involves two 18, 19, or 20-year-olds in off-campus housing and it has nothing to do with the university. However, if the person who is accused goes to the university and is a member of the university, the charges can lead to these issues.
University Administrative Involvement
Student Judicial Services is the entity that handles sexual harassment or misconduct cases. They have an investigation team and employ attorneys. They receive the complaint and may interview the complaining party once they have contact with the responding party. The investigation team conducts their inquiry and develops questions or a report that goes to the entity that makes the decision as to whether the incident happened. If they determine the incident happened, they will also determine the remedy for that.
There is a question about their ability to conduct a fair and impartial investigation. There often seems like there could be an unwillingness to provide any type of real due process for the person accused in these cases. This is why a student needs the help of an experienced Lubbock student sexual harassment and misconduct attorney for an advocate and experienced guide.
Post Allegation Actions
One of the first things someone should do after receiving sexual harassment or misconduct charges is to not make any comment to the police or to Texas Tech University investigators until they visit with their lawyer. The person should save all communication from the complaining party if they apply such as e-mails, texts, or Facebook pages. The student should not have any communication with the person making the allegation. Often, the responding party contacts the person making the allegation which may result in additional charges of harassment or witness tampering, so it is essential to avoid communication and contact a Lubbock student sexual harassment and misconduct attorney first.
Contacting a Student Defense Attorney
As soon as someone thinks there is an allegation, they should make an appointment with a student sexual harassment and misconduct lawyer in Lubbock. When a student is contacted by the police who try to question them or the Title 9 investigators from the university try to question the student, they should visit a lawyer to start planning out any issues and building a defense as soon as possible.