Sexual Misconduct on a College Campus

Title IX is a portion of the United States Education Amendments of 1972 that effectively states that, “No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.” While much of the discussion about Title IX often centers on its impact on collegiate athletics programs, numerous organizations have called attention to how federal law applies to sexual misconduct on college campuses.

Since compliance with Title IX involves federal funding concerns, colleges and universities in North Carolina feel intense pressure to investigate alleged sexual misconduct and punish alleged offenders. Even when allegations do not result in criminal charges, college or university investigations can still lead to serious consequences for alleged offenders, including possible suspension or even expulsion.

Lawyer for Sexual Misconduct on a College Campus in Raleigh, NC

If you are or you think you might be under investigation for alleged sexual misconduct at a college or university in the Research Triangle, it will be in your best interest to not make any statement about the case until you have legal representation. Always remember that a colleges office of student conduct exists to investigate and punish sexual misconduct cases. Do not talk with anyone until you have experienced legal representation. 

The Coolidge Law Firm represents students at  local institutions of higher learning such as North Carolina State University (NCSU), Meredith College, the University of North Carolina at Chapel Hill (UNC), and William Peace University.

David Coolidge is an experienced criminal defense attorney in Raleigh who represents clients in communities throughout the greater Wake County area, such as Wendell, Wake Forest, Zebulon, Rolesville, Morrisville, Raleigh, and many others. Attorney Coolidge has significant experience representing students at hearings before college conduct boards. This is not the same as a criminal court room and the attorney that you choose to represent must understand the nuances of a college campus.

You can have our lawyer provide a complete evaluation of your case as soon as you call (919) 239-8448 to take advantage of a free initial consultation.


Overview of Sexual Misconduct on a College Campus in North Carolina


Back to top

Types of Sexual Misconduct at North Carolina State University

NCSU REG 11.35.02 characterizes sexual misconduct as “a broad term encompassing” multiple sexual offenses. The Code states that sexual misconduct can occur between strangers or acquaintances, including people involved in an intimate sexual relationship, and it can be committed by men or by women and it can occur between people of the same or different sex.

Under Section 10 of the Code of Student Conduct, sexual misconduct at NCSU includes:

  • Sexual Harassment —NCSU POL 04.25.05 defines harassment as “any unwelcome conduct based upon age (40 or older), color, disability, gender identity, genetic information, national origin, race, religion, sex (including pregnancy), sexual orientation, or veteran status that either creates a quid pro quo situation or a hostile environment. Sexual harassment can include unwelcome sexual advances and sexual favors or any acts of sexual violence.”
  • Sexual Exploitation — Taking sexual advantage of another person without consent includes, but is not limited to, causing or attempting to cause the incapacitation of another person in order to gain a sexual advantage over the other person; causing the prostitution of another person; recording, photographing or transmitting identifiable images of private sexual activity and/or the intimate parts (including genitalia, groin, breasts or buttocks) of another person; voyeurism and indecent exposure, and other sexual offenses, and allowing third parties to observe private sexual acts.
  • Sexual Contact (without consent) — The intentional touching of a person’s intimate parts (including genitalia, groin, breast or buttocks or clothing covering any of those areas); or the deliberate touching of another person with one’s intimate parts; or using force to cause a person to touch his or her own or another person’s intimate parts.
  • Sexual Intercourse (without consent) — Penetration (anal, oral, or vaginal) of a person by a penis, tongue, finger, or an inanimate object.
  • Retaliation — Includes threats, harassment, intimidation, or coercion against a person because he or she filed a complaint alleging sexual misconduct, relationship or interpersonal violence, including dating violence, domestic violence, or stalking or participated in an investigation or procedure involving charges of sexual misconduct, relationship or interpersonal violence, including dating violence, domestic violence, or stalking.

Back to top

Implications of Title IX in Raleigh Sexual Misconduct Cases

All public and private schools, school districts, colleges, and universities receiving federal funds in the United States must comply with Title IX. As it relates to sexual violence, Title IX establishes the following rights for alleged victims of sexual violence:

  • Schools Must Respond Promptly and Effectively to Sexual Violence;
  • Schools Must Provide Interim Measures as Necessary;
  • Schools Should Make Known Where Alleged Victims Can Find Confidential Support Services;
  • Schools Must Conduct Adequate, Reliable, and Impartial Investigations; and
  • Schools Must Provide Remedies as Necessary.

While state funding had long accounted for the majority of the funding for higher education in the United States, a 2015 report by Pew Charitable Trusts found that federal funding overtook state funding as the main source of public support for universities and colleges throughout the country. If a school, college, or university violates Title IX, it risks losing all of its federal funding.

The Office for Institutional Equity and Diversity (OIED) at NCSU is responsible for implementing and monitoring the university’s Title IX compliance, and the Vice Provost for Institutional Equity and Diversity is the university’s designated Title IX Coordinator. The Title IX Coordinator in the OIED works with three Deputy Title IX Coordinators to comply with Title IX.


Back to top

North Carolina Sexual Misconduct on a College Campus Resources

Relationship or Interpersonal Violence and Sexual Misconduct | NCSU Office of Student Conduct — On this section of the Office of Student Conduct website, you can learn more about types of sexual misconduct and relationship or interpersonal violence included in Section 10 of the Code of Student Conduct. You can also learn more about accommodations and interim measures, right to pursue both the conduct process and other legal options, and additional resources and rights. The website also allows you to view such documents as the Notice of Representation, Code of Student Conduct, and Student Discipline Procedures.

Dear Colleague Letter | U.S. Department of Education — The Department of Education determined that this Dear Colleague Letter is a “significant guidance document” under the Office of Management and Budget’s Final Bulletin for Agency Good Guidance Practices. The letter states that “sexual harassment of students, including sexual violence, interferes with students’ right to receive an education free from discrimination and, in the case of sexual violence, is a crime.” The Dear Colleague Letter explains that the requirements of Title IX pertaining to sexual harassment also cover sexual violence, and lays out the specific Title IX requirements applicable to sexual violence.


Back to top

The Coolidge Law Firm | Raleigh Sexual Misconduct on a College Campus Attorney

Are you, or do you suspect that you are under investigation at your college or university in the Research Triangle for alleged sexual misconduct? Even if your private institution prohibits legal counsel, the Coolidge Law Firm can still provide legal guidance that can help you achieve the most favorable resolution to your case.

Raleigh criminal defense lawyer David Coolidge represents students at such local institutions as North Carolina State University (NCSU), Duke University, Shaw University, and Wake Technical Community College (Wake Tech), as well as individuals in Cary, Garner, Apex, Fuquay-Varina, Holly Springs, Knightdale, and many other surrounding areas of Wake County. Call (919) 239-8448 or submit an online contact form to have our attorney review your case and help you understand all of your legal options.



Back to top

Testimonials

More Testimonials
(919) 239-8448
  1. Menu
  2. Practices

  3. Reviews
  4. Contact
Coolidge Law Firm
Assign a menu in the Right Menu options.