<p>Some pretty scary cases on findings of guilty of sexual assault:
Stanford</a> University: Biased Sexual Misconduct Procedures and Unjust Guilty Finding - FIRE also:
In</a> Verdict Against Sewanee, Federal Jury Sends Important Message About Proper Handling of Sexual Assault Cases - FIRE
Due</a> Process - FIRE</p>
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It was only a matter of time until this policy faced challenges from affected students.</p>
<p>My concern is that by definition, if the woman is ‘intoxicated’ it is non-consensual sexual and therefore a sexual assault.</p>
<p>^ By definition that is true and I agree with it.</p>
<p>D was sexually assaulted a few weeks ago and the univ seems to be trying to sweep it all under the rug. how do we fight this and have justice served on campus (criminal charges may come later - still under investigation). She will never be able to stay there if he remains on campus. Conduct Review on Monday and we’re trying to get it pushed back. Police can’t hand over any evidence as it’s part of an ongoing criminal investigation. we know that the school doesn’t want to have to report it so how can we win and get him expelled?</p>
<p>call Gloria Allred. I’m not even kidding. Call her office and get a recommendation of an attorney for your daughter.</p>
<p><a href=“http://www.amglaw.com/[/url]”>http://www.amglaw.com/</a></p>
<p>Did this happen at FSU or Auburn? Get a good attorney ASAP!</p>
<p>we have an attorney ready to go if we get the prosecutor’s okay to go to the grand jury. we have met with him and now understand now nasty and dirty this type of trial can be. we’d like to go forward if we have the chance but it will be up to D. she’s the one who will really be dragged through the story again and again and again, from what we’re hearing. afraid urine won’t reveal much since we understand that the trend now is a mixture of over the counter meds - a little of a lot of things - hard to pick up enough of any one drug to call it abuse. 60 to 90 days wait on the urine findings. blood was not drawn, unfortunately. other evidence under lock and key so only can present evidence verbally in the conduct hearing. this must be one of a mother’s worst nightmares. thank you.</p>
<p>This is a horrible story.</p>
<p>I would really get the attorney involved now rather than wait. The University should be aware you are working with an attorney. Also, a good attorney will give you the best advice in how to procede.</p>
<p>These university hearings are relatively suspect, imho.</p>
<p>Mostly, though, I hope you will get your daughter help and counseling and take her lead in this. Whatever she needs to feel more in control of her own life is the most important thing you can do right now. </p>
<p>Good luck. My heart goes out to you and your family.</p>
<p>smilemaker, it really sounds unjust to ALL involved, IMHO, for a university to insist on having a hearing before the physical evidence is available. How can the victim prove their case or the accused present a defense without evidence? This shows the weakness of having sexual assault cases adjudicated by schools, instead of by the police and courts.</p>
<p>Of course, the flip side is that waiting for a legal case to wend its way through the courts potentially exposes a victim to harm in having to encounter the perpetrator on campus. It is a thorny problem.</p>
<p>I really agree with poetgrl’s advice in #9, regarding both having the attorney involved and helping your D feel in control. </p>
<p>This stinks, and my thoughts continue to be with your family.</p>
<p>In addition to a therapist, you should probably retain an attorney primarily to assist your D through the police and prosecution process if there has been a determination to prosecute. The attorney could also review the college’s Code of Conduct and advise you as that process proceeds, as this, too, is most likely multiple steps. Did this happen on college property? If so, an attorney can help you with understanding rights etc. related to the campus separate from what the police and prosecutor might do. I do not think having an attorney on board is an unwarranted expense. My heart goes out to your D, she’s had a really rough start to her adult life.</p>
<p>File a Title IX complaint with the college’s equal opportunity office. She will not have to confront the person she is accusing.</p>
<p>Read this document carefully: <a href=“http://www2.ed.gov/about/offices/list/ocr/letters/colleague-201010.html[/url]”>http://www2.ed.gov/about/offices/list/ocr/letters/colleague-201010.html</a></p>
<p>First, smilemaker, I’m so sorry to hear that that was done to your daughter. </p>
<p>I served on my university’s sexual assault hearing and appeals system. I can’t speak to your daughter’s university’s system, but at my university the students and faculty were well trained and I think we did the best job we could with the blessedly few (and always very, very difficult, factually and emotionally) cases that were brought before us. At least in my experience, the university had no power to “sweep it under the rug” and had to honor our findings, barring the appeal (which was meant only for extreme errors). So hopefully that is encouraging to you.</p>
<p>Also contact the local media. In some places, the civil authorities tend to give low priority to student-against-student crimes and yield to the university in all but the most egregious crimes. A little media pressure sometimes loosens them up a bit.</p>
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<p>and if the male is intoxicated, then the woman is guilty… right?</p>
<p>soccerguy, read the rest of the thread real quick and delete your post. We’ve moved on.</p>
<p>Smilemaker- I think this link focuses more specifically on sexual issues.
[Dear</a> Colleague Letter from Assistant Secretary for Civil Rights Russlynn Ali.-- Pg 1](<a href=“http://www2.ed.gov/about/offices/list/ocr/letters/colleague-201104.html]Dear”>Dear Colleague Letter from Assistant Secretary for Civil Rights Russlynn Ali.-- Pg 1)
The college can delay its actions under certain circumstances. </p>
<p>FIRE, btw, the source of the links in #1, is a group with a particular perspective to promote.</p>