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Students expelled for sexual assault can sue under Title IX

A college student who is accused of sexual misconduct and determined to be guilty can be expelled from school. That can happen whether the alleged victim went to the police or not.

Now, young men who have been kicked out of school are increasingly suing their colleges and universities in an effort to get reinstated and have the disciplinary actions removed from their records. Even some who weren't expelled are suing in order to have their records expunged.

The men are claiming that their schools violated their Title IX rights. Ironically, this is the same law that, among other things, prohibits sexual assault and harassment on college campuses.

Perhaps because of the increasing crackdown on college sexual assault in recent years, the rise in these Title IX lawsuits asking for reinstatement has risen drastically. There have been over 150 such suits since 2011. That's more than 10 times the number in the previous 20 years.

A group called Save Our Sons has even been formed by parents to help young men whom they say were falsely accused of some type of sexual misconduct "work tirelessly to clear their innocent son's good name."

Not surprisingly, some alleged victims aren't pleased that the men whom they accused of assault are able to take legal action after they had to fight so long for their rights.

Many students choose not to take their allegations of sexual assault to police for a variety of reasons. However, if a student is found guilty in criminal court of sexual assault, the consequences could well follow him or her for the rest of his or her life.

If your child has been accused of a sexually-based offense at college, it's essential to seek legal guidance from a Maryland attorney experienced in handling these types of cases. His education, career prospects and future could be on the line.

Source: Teen Vogue, "Colleges Are Being Sued by Students They Kicked Out for Sexual Misconduct," Brittney McNamara, April 28, 2017

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