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When Students Are Accused Of Sex Offenses

Colleges and universities may be overzealous in their prosecution and punishment of individuals charged with campus-related sex offenses. In some cases, defendants may endure academic punishments without even having been convicted.

The Preponderance Of Evidence Standard

In a criminal court, a conviction requires that a judge or jury determines a defendant's guilt beyond a reasonable doubt.

But Texas A&M and other schools in the area adhere to a different, somewhat looser standard.* Namely, when considering crimes related to sexual assault, domestic violence, dating violence and stalking, school administrations apply the preponderance of evidence standard. Instead of proving that an event took place 'beyond a reasonable doubt,' prosecutors need only to demonstrate that the 'greater weight of the evidence' points toward conviction.

As a result, students who could not be convicted in criminal court are subjected to stringent academic punishments. This could mean the loss of financial aid, suspension from school or expulsion.

Legal Support When You Need It Most

Mark A. Di Carlo, PLLC, is committed to protecting his clients and asserting their rights. He is skilled at negotiating dismissals, reduced charges and reduced sentences.

To learn more, call 800-584-5798 or schedule an appointment online. Initial consultations are always free.

*http://police.tamucc.edu/CLERY%20STATS%20/Clery%202014-2015.pdf