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College Board Honor Code Violation Hearings Regarding Sexual Misconduct

Generally, social honor code violations, involve behavior that harms or threatens the physical, emotional or social well being of any member or guest of the college community. This type of behavior would be a social violation of the honor code. For purposes of the honor code, most colleges define sexual misconduct as any deliberate sexual behavior or contact with the threat of sexual contact without the other parties consent. Examples include, but are not limited to:

· Crude, obscene, or sexually offensive gestures.

· Unwanted touching, fondling, or groping of a sexual nature or coercion to force someone else to fondle or grope.

· Rape, forcible sodomy or penetration with an inanimate object, sexual intercourse without consent.

· Coercing a person to consume alcohol or other drugs for the purpose of inducing sexual activity.

· Any act involving sexual related behavior which places another person in a degrading exploitive abusive or humiliating situation including, but not limited to, placing photographs of a sexual nature on the internet with the parties permission.

· Consent exists when a person freely and knowingly agrees, at the time, to participate in a particular sexual act with a particular person. There is no consent when force, threat, or coercion is used. In addition, consent cannot be given when a person is unable to make a reasonable judgment because of consumption of alcohol or other drugs, sleep deprivation or captivity.

Most Colleges have a sexual misconduct hearing board, and the guidelines are set forth by Title IX of the Educational Act Amendments of 1972. This Board is part of the Honor Board and hears cases of alleged sexual misconduct. Generally, the College Honor Hearing Boards are comprised of 3 faculty members. After hearing the evidence, the Honor Hearing Board, will determine by a preponderance of the evidence, whether or not the student committed any such sexual acts. In the event that the student is found to be responsible, then the ultimate sanction can be expulsion from his or her college.

Should you be in this unfortunate situation, the Law Offices of Charles Waechter can help you by representing you at these hearings. Contact our office to have your case reviewed.

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