At the conclusion of an on-campus student sex crime hearing, a determination is made by the board as to whether or not there is conclusive evidence that shows the student is in violation. Once enough information is gathered, the board, consisting of professors, faculty, and students, makes the determination, which more often than not results in expulsion. Sentencing in Lubbock student sex crime cases can be severe and sometimes unfair when dealing with the on-campus stringent regulations, which is why it is paramount to hire an experienced attorney who can dispute any false claims and build a strong defense to protect your rights.
Because the burden of proof is so low, students can receive unjust or unnecessarily harsh sentences. For example, when a student accuses another individual of a sexual act where there was no consent, and the other person states that there was consent, with no others facts of the investigation it becomes a situation of their word against his or hers. There have been some cases where the district attorney’s office refuses to even file this type of case because of the lack of evidence. However, when dealing with an on-campus sex crime, the university proceeds with the hearing more often than not. Therefore, the student is at substantial risk of being expelled from school and having that their permanent transcript, which can be really damaging.
Preparing a Defense
An attorney must spend time with the student to prepare them for the sentencing portion of an on-campus disciplinary hearing. In order to build a solid mitigation defense, the attorney needs to talk to the student and any witnesses who can testify that supports the student’s character outside of the allegation. This involves gathering character references and witnesses to put together evidence regarding the student’s nature and any accomplishments that put them in a positive light. In reality, this one-time mistake is not indicative of who the student is and if this incident would happen again. There is a low chance of recidivism or there is some counseling available.
Appealing a Verdict
Each university is required to have a procedure for appealing a verdict. There is the ability to go into the state district court or another court to file a lawsuit. This can include an injunction trying to stop the suspension or expulsion. Usually, the student can argue that he or she was denied a due process in the case because the investigation did not allow adequate protection for the one being accused.
Punishment for on-campus student sex crime cases in Lubbock may have restrictions such as personal protection order or probation. However, usually, the penalty is either a suspension where the student is removed from the university for a certain period of time or an expulsion where they are kicked out of school. If a student is expelled, they do have the option to reapply, but the chances are very low that they will be re-admitted back to the university. For sentencing in Lubbock student sex crime cases, the individual being accused can elect to go to before the judge or jury.