New Bill Would Alter How Colleges Handle Accusations of Sexual Assault on Campus in Illinois
In recent weeks, there have been many discussions and articles detailing alleged sexual assaults on college campuses across the country. Following the explosive allegations of a gang rape at a fraternity at Cornell University and the national outcry, other allegations came out from the University of Chicago. Now, a proposed Illinois law is seeking to amend how colleges across the state handle incidents of campus sexual assault allegations. The new law, as it is proposed, seeks to give the Illinois Attorney General’s Office more authority to compel schools to publicly report incidents of campus sexual violence. Under current Illinois law colleges are mandated to do it annually, but reportedly only 38% of Illinois colleges are in compliance with that reporting requirement. Beyond reporting requirements designed to give more transparency about how widespread the issue is, the bill also seeks to expand protections related to digital harassment or “revenge porn” in school policies and overhaul campus proceedings by allowing any reported victim to attend any proceedings accompanied with both legal and mental health support, and even allowing those making accusation to take legal action against their college if they believe the school did not adequately handle their case. While allegations of sexual assault should be taken seriously, there is seemingly a strong potential for abuse of process and concerns that universities might side with alleged victims to avoid further criticism in a system that is already generally biased against the accused.
Know Your Rights if You Are Facing Allegations
The goals of the legislation are commendable as no one disputes that sexual violence on campus is a real problem and should be treated as such. But for those students who are accused of any impropriety, the increase in publicity and national outcry could mean that schools facing new enforcement pressures will be more aggressive in investigating, charging, and resolving complaints, especially if the school thinks the accuser could take legal action against the school. Oftentimes, along with possible referrals for criminal investigations, schools will respond to accusations through a Title IX investigation. The outcome of these investigations can range widely, from suspensions to outright expulsion, the possible loss of scholarships or campus housing, and of course exoneration for the accused. However, the standard of proof is usually preponderance of the evidence, meaning “more likely than not” for the accused, which is far lower than the criminal standard of beyond a reasonable doubt. However, there is no uniform approach and universities can choose to apply a higher burden of proof of clear and convincing evidence which requires a high probability that the allegation is true, but certainly a lesser standard than beyond a reasonable doubt. As a result, many times those accused can face serious repercussions to their academic career without an accompanying criminal conviction if prosecutors reject charges or they are ultimately found not guilty. A Title IX investigator is not a police officer, and a campus hearing is not a courtroom which is why some students don’t feel the need to acquire counsel and cooperate with the investigators, giving information that can ultimately be handed over to law enforcement under certain circumstances. Anyone accused of committing a sexual assault on campus should know that both the complainant and respondent have the right to be accompanied by an advisor throughout the process. Given what is at stake and the need to carefully balance the possibility of “dual” prosecutions with varying standards and procedures, students should at a minimum consult with a criminal defense attorney before they speak with anyone about an accusation that may subject them to expulsion and possible criminal charges. If you or your child has received a notice of a Title IX investigation, been contacted by police, or believes a formal accusation may be coming, contact an experienced criminal defense attorney who has experience in handling both criminal cases involving sexual assault as well as Title IX investigations.
