Sexual Misconduct Defense
We Defend Students in New Jersey Against Sexual Misconduct Allegation
Charles Z. Schalk is a New Jersey sexual misconduct defense attorney defense attorney who is committed to protecting the rights, freedom, and future of students. Facing any allegation of sexual wrongdoing within an educational environment is a very serious matter. Given the stakes, a proactive approach is a must. You need a legal advocate who understands the ins and outs of the disciplinary process. If you or your college student was accused of any type of sexual misconduct offense, we are here to help. Contact our firm today to arrange a fully confidential initial consultation with a top-tier New Jersey education law attorney.
Sexual Misconduct Allegations are Taken Very Seriously By Colleges/Universities
In colleges and universities across New Jersey, allegations of sexual misconduct are handled with utmost seriousness. There is no such thing as a “minor” sexual misconduct allegation. Any type of misconduct—from unwanted physical touching to sexual harassment—is a very serious matter. As a student accused of such an offense, it’s critical to understand the gravity of the situation and the implications it may carry for your academic and personal future. Educational institutions are obligated to investigate every claim thoroughly. They will have both internal policies and requirements under federal regulations, including Title IX.
What to Do If You are Accused of Misconduct in New Jersey
If you or your college student is facing an allegation of sexual misconduct, it is normal to feel stressed, overwhelmed, and frightened about what will happen next. It is imperative that you take a proactive approach. Here are four steps to take if accused of sexual impropriety in New Jersey:
- Preserve Relevant Evidence: Save any information that you have that could help clarify what happened and be used to raise your defense. Relevant evidence may include text messages, emails, social media interactions, and any other forms of communication that can establish a timeline or context for the events in question. Keep a detailed record.
- Avoid Direct Confrontation With Accuser: It is crucial to maintain composure and avoid any direct confrontation with the person who has accused you of misconduct. Engaging with your accuser can lead to further problems. Once an allegation has been made, you need to handle the matter through the proper legal channels.
- Obtain and Review School Policies: Familiarize yourself with your institution’s policies and procedures regarding misconduct allegations. Understanding the process—including how investigations are conducted and the rights you have under these policies—is essential.
- Consult With an Attorney Right Away: You do not have to take on allegations of sexual misconduct alone. Students deserve strong professional representation. Along with other things, your New Jersey education lawyer can review the allegations, assess the evidence, explain your rights/options, and develop a comprehensive defense strategy.
Defenses Against a College Sexual Misconduct Accusation
How do you defend allegations of sexual misconduct at a college or university in New Jersey? It depends on the specific circumstances of the case. Some of the most common defenses against sexual misconduct allegations in New Jersey include:
- False Allegation: The reality is that not all allegations of sexual misconduct are legitimate. A defense against a false allegation involves gathering and presenting evidence that refutes the claims made against you. Evidence may include alibi proof, witness statements, and any communication records that contradict the accuser’s narrative.
- Consent: When consent is the defense, it is crucial to provide evidence that the interactions were mutually agreed upon at the time they occurred. Some relevant evidence may include messages, witness accounts, or any form of communication that can clearly demonstrate the presence of consent between the parties.
- Mistaken Identity: Defending against an accusation based on mistaken identity requires proving that you were not the individual involved in the incident. Evidence such as alibis, surveillance footage, or witness testimonies that can place you at a different location at the time of the alleged misconduct can support your defense.
Potential Penalties for a Student Facing Sexual Misconduct Allegations
What are the penalties for sexual misconduct in New Jersey? It depends on the allegations being raised. A student in New Jersey could potentially facing any of the following penalties:
- Suspension from School: A student accused of sexual misconduct could be suspended from school for a semester, a year, or even longer.
- Expulsion from School: A finding that a student committed a serious act of sexual misconduct could result in him or her being permanently expelled from the school.
- Criminal Liability: Students who face allegations of school-related sexual misconduct could also sometimes face criminal charges.
Why Students Can Trust New Jersey Education Lawyer Charles Z. Schalk
For a college student or graduate student in New Jersey, facing any allegations of sexual misconduct is a very serious matter. It could potentially result in you being expelled from an educational program and/or even facing criminal charges. Charles Z. Schalk is a top-rated New Jersey education law attorney who is devoted to protecting the rights of students. We know that false allegations happen. The former General Counsel for Raritan Valley Community College, Attorney Schalk goes above and beyond to protect the rights and interests of clients. We always take a proactive and detail-driven approach. Among other things, our New Jersey sexual misconduct defense lawyer will:
- Conduct a comprehensive review and evaluation of your case;
- Investigate the allegations—gathering any exonerating evidence;
- Represent you in any internal disciplinary proceedings within the college/university; and
- Develop a comprehensive, personalized strategy to protect your rights.
Contact Our New Jersey Sexual Misconduct Defense Attorney for Immediate Help
Charles Z. Schalk is a New Jersey education law attorney who has the skills, experience, and insider knowledge to protect the rights and interests of the accused. If you or your college student is facing an allegation of sexual misconduct, we are here to help. Contact our firm today for a strictly confidential, no obligation initial consultation. Our firm defends students against sexual misconduct allegations throughout all of New Jersey.
“Mr. Schalk obviously obtained a very successful verdict in a very very difficult case. This Court had an opportunity to observe Mr. Schalk throughout the trial. He certainly performed at an extremely high level . . . And to obtain the verdict that he did is a rare case . . . I feel very strongly that Mr. Schalk’s work in this case was at a very high level, a superior level and that if the 100 percent enhancement of the lodestar is in the rare case this would be the rare case in which Mr. Schalk would be entitled to that.”*”