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•With increasing frequency, innocent college students are being expelled from their universities after being falsely accused of sexual misconduct.
•There is no due process or presumption of innocence on college campuses.
•If another student files a sexual misconduct complaint against you, call your parents. Do not try to fight these allegations alone! Hire an attorney ASAP. Do not, under any circumstances, speak to a college representative without legal counsel.
•The school DOES NOT have your best interest at heart, only theirs!
•If the school investigators feel that there is even a slight chance that your accuser might be telling the truth, you will almost certainly be suspended or expelled.
•If your accuser had any alcohol at all, you will most likely be expelled. In the university’s eyes, alcohol may negate any consent to sexual activity.
•Sexual misconduct as defined on campus covers a wide range of behaviors. Basically anything that a student later regrets doing or considers offensive can be framed as sexual misconduct.
•Families Advocating for Campus Equality can provide useful resources. This is not a male/female issue. Any student can be falsely accused.
•Every student is deserving of fairness and due process, care and compassion.
Dedicated to the advancement of equal protection and due process of law for all students in a college system.
STORIES FROM THE TRENCHES
The mother of an accused student, who reached a settlement agreement with the school after two years:
First of all, I would like to tell you a little about my son so you can picture him in your mind.
This list contains the names of law firms and attorneys who have represented students accused of sexual misconduct by their colleges or universities.
Please be aware that you must exercise your own judgment in evaluating any law firm or attorney you retain to represent your interests. If you use any of the attorneys or law firms listed here please be aware that FACE’s website is only one source of information among the many sources that may be available to you in making your decision. You may wish to consider multiple sources in order to make an informed attorney selection decision.
Cynthia Garrett, attorney: Having lobbied against both California’s affirmative consent law and similar federal laws, Cynthia became involved with FACE after learning about college students facing biased disciplinary panels and arbitrary expulsion due to alleged sexual assault. A member of the California bar, she earned her undergraduate degree from Rollins College in Florida and Juris Doctor at the University of San Diego School of Law where she was a published member of the Law Review and graduated Summa Cum Laude.
In September 2013, Sherry Warner-Seefeld, Judith Grossman, and Jean Barish, mothers of college sons, met in Philadelphia. After discussing common experiences in which their sons were unjustly accused of sexual misconduct by their schools, they decided to build an organization with a big mission: to provide resources and support to these students and their families and bring change to current political and institutional policies regarding the handling of campus sexual assault.
Following the onslaught of
institutional, political, and social media hype about college sexual assault and the litany of lawsuits filed against colleges by both accusers and the accused, state and federal lawmakers have jumped into the “rape culture” quagmire and authored laws on both sides of the issue.
The 2011 Department of
Education “Dear Colleague” letter shifted responsibility for adjudicating sexual assault cases to campus disciplinary committees.
Families Advocating for Campus Equality (FACE) is a 501(c)(3) organization which supports families of students denied fairness and due process in campus disciplinary proceedings.
FACE believes that under present campus procedures, neither those who allege or those who are accused of sexual violence are adequately served. FACEprovides resources, support, and information to students and families who are impacted by the adjudication of campus sexual violence complaints. Through its efforts,FACE seeks to raise awareness of and bring balance to a currently skewed campus justice system.