You don’t have to look very far in the news to know that rape and sex assault investigations on college campuses, including UConn, Trinity, Quinnipiac, Yale, Fairfield and Southern Connecticut Universities, can get you or your child expelled. Shockingly, the New York Times recently reported that 1 in 5 college females will be the victim of a sexual assault during college (with 80 percent of those assaults involving alcohol, according to the study).
So it’s no surprise that the top Connecticut criminal and Title IX school discipline lawyers and attorneys are seeing a stunning escalation of investigations and enforcement of student conduct codes when it comes to investigation accusations of rape and sex assault. The old mantra of “No Means No” no longer suffices. The best Connecticut college and university criminal investigation law firms are now seeing that an explicit “Yes” must be communicated for consensual sexual contact in college.
But can you really expect your college-aged teenager to appreciate and understand these legal nuances, especially when the stakes of their educational and professional futures are at risk? And who’s educating them on these news laws and procedures anyway? The answers are hazy and very well may require parents to take a more proactive approach to educating their teenagers…
Trinity College in Hartford, Connecticut has joined about 1500 other colleges and universities across the country in adopting and incorporating “affirmative consent” standards into their student codes of conduct. It’s a significant departure from the old-school “no means no” approach that has been indoctrinated into the heads of baby boomers and Gen Xers. The best Connecticut college and school discipline law firms are now seeing that colleges require students to get an explicit, verbal “yes” prior to all stages of sexual contact. This new approach reflects the fact that a female may consent to certain sexual acts but not consent to others, such as vaginal intercourse, thereby requiring explicit “Yes” consent for each sexual act. While well-intentioned, these policies can cause a legal nightmare for Connecticut campus police and public safety officers investigating sexual assault and rape allegations, especially when the college students are experimenting with and consuming alcohol, marijuana or other illegal substances.
Top Connecticut sex assault and rape criminal lawyers and attorneys are zeroing in on the issue of express consent versus implied consent (such as a text message, promiscuous emoji, or nonverbal signals such as head-nodding and other consensual sexual acts that would suggest the parties were in fact mutually engaged in the sexual conduct and wanted more). What’s frustrating is that unlike other crimes of vandalism or bar brawls, there is no video surveillance evidence and the case can often come down to a “he said” / “she said” credibility determination, with your child’s future on the line. So if your child is being investigated for a sex assault or rape at UConn, Trinity, Fairfield, Quinnipiac or Southern Connecticut, be sure to call a top Connecticut criminal lawyer attorney with school discipline experience right away.
The best Connecticut college and university Title IX investigation university and lawyers are seeing more talk about Title IX on campuses since the law was enacted in 1988. Many college and university students and their parents often ask…what exactly is Title IX? It’s a body of federal education law that requires private and public colleges and universities receiving any form of federal funding to provide a discrimination-free and gender harassment-free learning environment. School and universities are encouraged to spell out their Title IX and anti-sex discrimination policies in clear language in their student handbooks and codes of conduct. Additionally, the procedures for Connecticut Title IX investigations and disciplinary hearings and penalties are also required to be specified in these handbooks. Title IX also touches on consent in sexual investigations, recommending that schools adopt policies that explicitly indicate that someone who in incapacitated by drugs or alcohol cannot be capable of giving consent.
Parents…your child’s future rests in the details of these handbooks and policies, as they are code of conduct contracts between the student and the university. So if you or your child are accused of rape, sex assault, or a Title IX violation at Quinnipiac, Trinity, Yale, UConn, Fairfield Connecticut, Southern Connecticut or any other college or university, of if you live in Connecticut and your child is being investigated for rape or sex assault at any university or college in the country, you need to consult with a top Connecticut university discipline or Title IX law firm before speaking with University investigators.
The stakes could not be higher during a Connecticut university or college investigation of your child at Yale, UConn, Trinity, Fairfield, Quinnipiac or on any other Connecticut college campus. The team of school discipline and Title IX lawyers at Mark Sherman Law have years of experiencing in representing Connecticut families all over the country against Title IX, rape, and sex assault investigations, as well as other less serious school discipline hearings. Our only goals are to save your child’s future, preserve the integrity of their academic transcript, and protect their reputation.