Disciplinary Charge for Sexual Assault

[WannaBeMD20]

Made a thread about this earlier, looking for some updated advice.

Here is the OG story if you didnt' see the initial post.

I was at a party last week with some close friends and my girlfriend, who I was with all night. A random girl continued to hit on me throughout the night even though I made it clear I was more than happy with my gf. Towards the end of the night I guess she was overly intoxicated and upset and randomly pushed me down claiming that i had "groped her" multiple times throughout the party. My gf and I obviously wasn't having any of it since I was with her the entire night and knew I clearly never laid my hands on her. The random girl then got even more upset and left. No more than thirty minutes later the cops showed up asking for me as she had filed a report of groping. There were more than enough witnesses that said I did no such thing and the cop basically said her story didn't add up and she was too intoxicated to even explain what had happened but they had to file the report anyways. The next day I managed to talk to someone who knew the random girl and said that she felt bad, she didn't know what she was thinking and didn't want me to get in any trouble for her actions. So I'm assuming the case is closed, I haven't heard anything from the police since.

NEW INFO:

So I just received an email saying she went to the University with the allegations, and I have to meet with the assistant dean to discuss what has occurred and an appropriate University response. I currently have an acceptance at a medical school through a sister school of my university. What do I need to report, do I need to report anything how do I make sure I can explain myself and the situation appropriately? I'm so scared my years of hard work will be taken away because of this girl. If a charge is brought up, but dropped by the University do I still need to report? I'm on the verge of tears.

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[Matthew9Thirtyfive]

Sounds like you haven’t been charged. I’m betting when you tell them there are dozens of witnesses that can attest to the falseness of her claim, it’ll go away.

 

[WannaBeMD20]

Sounds like you haven’t been charged. I’m betting when you tell them there are dozens of witnesses that can attest to the falseness of her claim, it’ll go away.

Title of the Email says "Charge Notice" although the body of the email itself simply says "allegations"

 

[Matthew9Thirtyfive]

Title of the Email says "Charge Notice" although the body of the email itself simply says "allegations"

Yeah I went by the body of the message. A lot of people conflate legal terms.

 

[WannaBeMD20]

Thank you everyone. I have a meeting with student legal services tomorrow to talk to a lawyer. Does anyone have any idea what I have to report to my medical school if anything?

 

[deleted480308]

Thank you everyone. I have a meeting with student legal services tomorrow to talk to a lawyer. Does anyone have any idea what I have to report to my medical school if anything?

Nothing before the lawyer

 

[Moose A Moose]

Lawyer up.. right ****ing now. Speak of this matter to no one until you talk with him.

 

[Gastrapathy]

Write down the name of every potential witness. Get the police report. Hire a real attorney.

 

[Goro]

Sounds like you haven’t been charged. I’m betting when you tell them there are dozens of witnesses that can attest to the falseness of her claim, it’ll go away.

Agree 100%. OP, I know that this is nerve wracking, but you're still innocent. Just get those witnesses ready!

 

[Skiiiiiing]

Thank you everyone. I have a meeting with student legal services tomorrow to talk to a lawyer. Does anyone have any idea what I have to report to my medical school if anything?

Duty to report an insane accusation before any investigation? No.

If you are arrested, formally disciplined, or charged with anything, that'd be another matter.

 

[LizzyM]

Lawyer-up is the right first step. Make a list of the witnesses. However, understand that while there may be no criminal charge against you and the you are off the hook in that regard, colleges are a bit rabid about "Title IX" and the civil penalties the school can incur if they don't create a learning environment that is free of sexual harrassment, yada yada yada. So, they can throw the book at you for breaking the school rules and they can suspend you or expell you for action that was harmful to another member of the student body. This has nothing to do with laws or lawyers but is all about "school rules". The current administration of the US Dept of Education is dialing back the policies that were outlined in a "Dear Colleagues" letter that came out about 6 years ago: Archived: Dear Colleague Letter from Assistant Secretary for Civil Rights Russlynn Ali.-- Pg 1

You need to report this IF it rises to the level of an institutional action: if the school "writes you up" or punishes you in some way for misconduct. You have not reached that point yet and I am hoping that the school will see the situation for what it was and not punish you for what sounds to be a false accusation.

 

[WannaBeMD20]

Well I shelled out over 1200 for a lawyer, saw the evidence she had and felt extremely confident up to today. After not a single witness be able to verify that I touched her at all and after multiple witness claiming I was nowhere near her, they still found me guilty. My lawyer who has been doing this for years is completely dumbfounded. I was put on academic probation and have to complete a course. I am also going to submit an appeal hoping for a different result. I am in complete and utter shock and am shaking again.

Does this need to be reported to my medical school regardless of the appeal decision? Do you ever see a medical school looking past this?
@Goro @gonnif @LizzyM

Thank you all in advance

 

[PhilzCoffeeAddict]

Please tell me a police report was filled out with it saying that the girl was intoxicated and making false accusations. That would completely help you in this situation. Do you have the police officers contact info? If not, I would call the police station and see if you can get that officer to write up a report for that incident.

 

[Goro]

Well I shelled out over 1200 for a lawyer, saw the evidence she had and felt extremely confident up to today. After not a single witness be able to verify that I touched her at all and after multiple witness claiming I was nowhere near her, they still found me guilty. My lawyer who has been doing this for years is completely dumbfounded. I was put on academic probation and have to complete a course. I am also going to submit an appeal hoping for a different result. I am in complete and utter shock and am shaking again.

Does this need to be reported to my medical school regardless of the appeal decision? Do you ever see a medical school looking past this?
@Goro @gonnif @LizzyM

Thank you all in advance

I am dumbfounded. It appears that your school has an attitude of guilty until proved innocent, or "with he said/she said, she wins, period,"

Because the charge has not been dropped, I am VERY worried about how this will look from an Admissions viewpoint.

I suggest appealing up the chain of command to the Dean, Provost, and further up to Chancellor/President or CEO.

 

[LizzyM]

I was put on academic probation and have to complete a course.

This is an institutional action. It has to be reported. You can also report that you are appealing the decision. You can ask the medical school that has offered you admission if you may submit additional letters from people who know you (your alibi witnesses and/or your lawyer).

A medical school can still choose to matriculate you even with this sort of mark on your record and, as I mentioned a month ago, some people are starting to see these kangaroo courts for what they are.

 

[Goro]

This is an institutional action. It has to be reported. You can also report that you are appealing the decision. You can ask the medical school that has offered you admission if you may submit additional letters from people who know you (your alibi witnesses and/or your lawyer).

A medical school can still choose to matriculate you even with this sort of mark on your record and, as I mentioned a month ago, some people are starting to see these kangaroo courts for what they are.

Whew!

 

[ChymeofPassion]

Not surprising given the current state of affairs in our union. It sounds like you took all the right steps. Ask your lawyer if there is anything else you can do.

 

[WannaBeMD20]

I am dumbfounded. It appears that your school has an attitude of guilty until proved innocent, or "with he said/she said, she wins, period,"
Because the charge has not been dropped, I am VERY worried about how this will look from an Admissions viewpoint.
I suggest appealing up the chain of command to the Dean, Provost, and further up to Chancellor/President or CEO.

I agree I've been dumbfounded from the moment this happened. As of now my attorney is preparing an appeal as well as I have contacted an attorney who is also currently suing the university for failure of due process.

This is an institutional action. It has to be reported. You can also report that you are appealing the decision. You can ask the medical school that has offered you admission if you may submit additional letters from people who know you (your alibi witnesses and/or your lawyer).
A medical school can still choose to matriculate you even with this sort of mark on your record and, as I mentioned a month ago, some people are starting to see these kangaroo courts for what they are.

Just to clarify it is considered an IA the fact I was found guilty, even though the entire appeal process is not over yet? Do I then submit the update after the appeal process is processed and hopefully overturned? If I do threaten to sue and they reverse the decision with no record of the charge, do I still submit it as well?
The university is also being sued by a former student for the same kind of case so I hope threatening to sue/publicize the story has some impact.

That is definitely helped me breath a little more but obviously I cannot describe the way I feel right now. I appreciate all the help from everyone and will most definitely come back when I have updates to see what my next actions should be.

 

[WannaBeMD20]

Please tell me a police report was filled out with it saying that the girl was intoxicated and making false accusations. That would completely help you in this situation. Do you have the police officers contact info? If not, I would call the police station and see if you can get that officer to write up a report for that incident.

There is a police report indicating she was intoxicated, which the university had, although it did not say she was making false accusations.

 

[LizzyM]

If you have been suspended, you have an institutional action against you. You are obligated to report an institutional action (see AMCAS instructions) and putting that off with the hope that it is overturned on appeal coudl come back to bite you. If the IA is overturned on appeal, then of course, you should update the school with that news.

 

[Lawpy]

I agree I've been dumbfounded from the moment this happened. As of now my attorney is preparing an appeal as well as I have contacted an attorney who is also currently suing the university for failure of due process.

Sorry to say, but I think your university is corrupt and malignant.

Hopefully you can get this situation resolved favorably soon.

 

[raf1ki]

Mention the police report and lack of criminal charges filed in the IA explanation. Assuming the party was off campus make sure to mention that too. Emphasize the total lack of evidence, your numerous witnesses, and how strongly you are contesting the school's decision.

Call your medical school and email admissions/faculty (one at a time) until you find someone who seems to take your side? @Goro @LizzyM

I'm no legal expert, but your lawyer might be able to suggest that she would be liable for a medical career's worth of salary in damages if she can't remedy the situation with a statement. Probably not (especially not phrased that way - that's blackmail, but that's what lawyer talk is for), but all options are worth exploring right now.

 

[WannaBeMD20]

If you have been suspended, you have an institutional action against you. You are obligated to report an institutional action (see AMCAS instructions) and putting that off with the hope that it is overturned on appeal coudl come back to bite you. If the IA is overturned on appeal, then of course, you should update the school with that news.

One last question, in the email it says the above sanctions are not implemented until the appeal deadline passes or the appeal hearing is conducted. Does that technically mean I haven't had any action against me until that occurs, or do I just play it safe and report this to my medical school?

Mention the police report and lack of criminal charges filed in the IA explanation. Assuming the party was off campus make sure to mention that too. Emphasize the total lack of evidence, your numerous witnesses, and how strongly you are contesting the school's decision.

Call your medical school and email admissions/faculty (one at a time) until you find someone who seems to take your side? @Goro @LizzyM

I'm no legal expert, but your lawyer might be able to suggest that she would be liable for a medical career's worth of salary in damages if she can't remedy the situation with a statement. Probably not (especially not phrased that way - that's blackmail, but that's what lawyer talk is for), but all options are worth exploring right now.

I will definitely try to mention all of this in my letter.

And that would be my next question, is there "a best" way to write this, and who should I write it to? What do I include? I'm thinking my attorney's breakdown of all the facts and their reason the entire case is ridiculous in addition to my personal response of what occurred and my disbelief. Then reiterate how I have never been accused of such a situation and I would never commit such an act under any circumstances.

And I will also talk to my attorney about this, thank you for the recommendations and responses.

Is there any chance if they do reject me, I have a chance to apply next year to say a DO with hopes they can look past it as well?

 

[Goro]

One last question, in the email it says the above sanctions are not implemented until the appeal deadline passes or the appeal hearing is conducted. Does that technically mean I haven't had any action against me until that occurs, or do I just play it safe and report this to my medical school?


I will definitely try to mention all of this in my letter.

And that would be my next question, is there "a best" way to write this, and who should I write it to? What do I include? I'm thinking my attorney's breakdown of all the facts and their reason the entire case is ridiculous in addition to my personal response of what occurred and my disbelief. Then reiterate how I have never been accused of such a situation and I would never commit such an act under any circumstances.

And I will also talk to my attorney about this, thank you for the recommendations and responses.

Is there any chance if they do reject me, I have a chance to apply next year to say a DO with hopes they can look past it as well?

Don't think that because DO schools are more forgiving of GPA and MCAT score that they will look past IAs.

Don't phrase it in the way you did in the bold. Perhaps more like "I was accused of X by a fellow student. Despite multiple witness who refuted these claims, I was found guilty. No police report was filed. I am appealing this decision. I have led an exemplary life and am providing testimonials to support this..."

 

[Psai]

Man this is some bull****. I don't know why schools think they're part of the legal process now. False accusations are so damaging and mentally draining, especially since the process can take many months. I'm sorry that this happened to you op, stay strong!

 

[fourandtwo]

I believe in creating equality and all that jazz, I really do. Actively.


But this is some bull****.

 

[WannaBeMD20]

Don't think that because DO schools are more forgiving of GPA and MCAT score that they will look past IAs.

Don't phrase it in the way you did in the bold. Perhaps more like "I was accused of X by a fellow student. Despite multiple witness who refuted these claims, I was found guilty. No police report was filed. I am appealing this decision. I have led an exemplary life and am providing testimonials to support this..."

Thats a very valid point haha, don't mind me just grasping at straws.

Do you think I would be able to go in person and talk to someone to better explain my situation or is over email the only way this will work out?

 

[sleepyhead22]

Just to play devil's advocate, OP were you also drinking? Just wondering because I have seen several close male friends with fiancees/girlfriends get very "handsy" when drinking and not realize it at all. It sounds like this isn't the case, but because I have seen it happen several times I wanted to ask.

 

[WannaBeMD20]

Just to play devil's advocate, OP were you also drinking? Just wondering because I have seen several close male friends with fiancees/girlfriends get very "handsy" when drinking and not realize it at all. It sounds like this isn't the case, but because I have seen it happen several times I wanted to ask.

I was. But I am the very opposite of handy and in addition at this point in the night I was actively avoiding her as she was hitting on me. I understand where you are coming from. I have tried and logically go through this entire situation multiple times. My conclusion is either she was targeting me out of jealousy or that someone else at the party was doing this and she thought it was me.

 

[Osminog]

Just another life ruined by campus kangaroo courts.

There's a lesson to be drawn from this: If you're a man in college and a woman accuses you of any kind of sexual misconduct, you will be guilty until proven innocent. Don't attend parties with women you don't know, don't interact with intoxicated women you don't know, and don't stand in crowded areas. Also, stay away from women who dye their hair strange colors, wear septum rings, or talk about the "patriarchy" and "toxic masculinity."

 

[LizzyM]

I really don't know if it would be okay to wait until after the appeal. What is the anticipated time frame? If you are suspended will you still be awarded your diploma before med school begins?

 

[WannaBeMD20]

I really don't know if it would be okay to wait until after the appeal. What is the anticipated time frame? If you are suspended will you still be awarded your diploma before med school begins?

I have to appeal the decision by April 16th. I am on conduct probation which is basically if I do anything else between now and graduation the punishment will be more severe and I am no longer in good disciplinary standing and I have to take a class on violence/sexual assault. My graduation is may 16th. If I delay the hearing process until after graduation can they do anything since I am technically graduated?

 

[DokterMom]

"The next day I managed to talk to someone who knew the random girl and said that she felt bad, she didn't know what she was thinking and didn't want me to get in any trouble for her actions."

Any chance you could have another conversation with this person? And was this person called to testify during your hearing? What evidence or witnesses did your accuser present? And are you the first person who has been a victim of her drama? It would be odd indeed if she's this wacko and no one else has ever been on the receiving end of it...

Just another life ruined by campus kangaroo courts.

There's a lesson to be drawn from this: If you're a man in college and a woman accuses you of any kind of sexual misconduct, you will be guilty until proven innocent. Don't attend parties with women you don't know, don't interact with intoxicated women you don't know, and don't stand in crowded areas. Also, stay away from women who dye their hair strange colors, wear septum rings, or talk about the "patriarchy" and "toxic masculinity."

I know you're being facetious and you've got a point, but the irony... Women actually are held to this kind of standard. Better not drink in public and certainly not in semi-private places. Better not dress sexy, or let's make that attractively even. (Why dress to attract attention?) Better not smile at a guy because that encourages unwanted attention. Don't be too friendly, but also don't be rude - that antagonizes. Don't walk alone after dark or in areas that aren't well-populated and brightly lit - including the library. And definitely don't walk anywhere with one guy, especially if it's a guy you know or one you don't know. Avoid alleys, doorways, wooded areas, dead-ends, bushes, dumpsters, restrooms and buildings that are either crowded or not full of people. Asking a male friend to see you safely home implies you want him (why did you invite him to your house?), but going without a male escort is foolhardy and you really should have known better.

I'm really sorry you're in this spot OP. I hope justice is done --

 

[chaim123]

I have to appeal the decision by April 16th. I am on conduct probation which is basically if I do anything else between now and graduation the punishment will be more severe and I am no longer in good disciplinary standing and I have to take a class on violence/sexual assault. My graduation is may 16th. If I delay the hearing process until after graduation can they do anything since I am technically graduated?

They won't give you your diploma until its settled. I wouldn't risk it....

 

[wholeheartedly]

i wonder if the OP has grounds for slander against her at this point.

 

[LizzyM]

Is there anyone in the administration you can trust and who you can ask regarding these school policies and procedures?

 

[Isoval]

Wow.

That's literally all I have to say.

I'm very sorry you're going through this, OP.

 

[WannaBeMD20]

Is there anyone in the administration you can trust and who you can ask regarding these school policies and procedures?

Best I have is the student legal services. I'm not close with any other administration that could help at this point.

Just set up an appointment to meet tomorrow with them to also see what they have to say.

 

[Goro]

Thats a very valid point haha, don't mind me just grasping at straws.

Do you think I would be able to go in person and talk to someone to better explain my situation or is over email the only way this will work out?

Suggest contacting the Admissions Dean. Do not visit

 

[Durty-Trixxx]

Sorry to hear you're going through this. This is the sad state of affairs we're living in now.

Just be patient and follow your attorney's advice. I would say you got a good shot at appealing the decision and probably a tasty lawsuit against your university. You might get a whopper of a settlement out of this, my good man --- med school is getting PAID

 

[raf1ki]

Sorry to hear you're going through this. This is the sad state of affairs we're living in now.

Just be patient and follow your attorney's advice. I would say you got a good shot at appealing the decision and probably a tasty lawsuit against your university. You might get a whopper of a settlement out of this, my good man --- med school is getting PAID

You can only sue for incurred damages, and so far he has none. All damages have to be quantifiable with a $ value. He probably wouldn't even have a case, but consulting with the attorney never hurts. His best bet is to have the girl's cooperation in helping him get out of this - and that is best done through a lawyer.

 

[Select All That Apply]

@WannaBeMD20 Are you still using the bargain bin attorney who has no qualms about you posting updates about this case on the internet.

 

[wholeheartedly]

@WannaBeMD20 Are you still using the bargain bin attorney who has no qualms about you posting updates about this case on the internet.

wasnt that someone else?

 

[Select All That Apply]

wasnt that someone else?

First of all, most attorneys with "experience" don't cost $1200 unless they have your client file all the way on the bottom. Second of all, choosing the right attorney could have made this go a lot differently. Finding out a lawyer who is a treasured alumnus, deep connections with the school affiliates, or even trying to figure out which law firm might have a close affiliation with the school. Third, there's just this vibe that the OP is not actually trying to win this and assumes that the other girl has some degree of compassion or amenability when there is no indication that she has any and escalated this to a 10/10. If this were a real legal case, then I'd put my money on the other party winning this out just based on how the progression of the events have occurred and how it always seems like the OP is more interested in sharing this as a case study rather than actually trying to lawyer up.

 

[wholeheartedly]

First of all, most attorneys with "experience" don't cost $1200 unless they have your client file all the way on the bottom. Second of all, choosing the right attorney could have made this go a lot differently. Finding out a lawyer who is a treasured alumnus, deep connections with the school affiliates, or even trying to figure out which law firm might have a close affiliation with the school. Third, there's just this vibe that the OP is not actually trying to win this and assumes that the other girl has some degree of compassion or amenability when there is no indication that she has any and escalated this to a 10/10. If this were a real legal case, then I'd put my money on the other party winning this out just based on how the progression of the events have occurred and how it always seems like the OP is more interested in sharing this as a case study rather than actually trying to lawyer up.

that wasn't my question. i'm pretty sure we had a troll on here not too long ago that made outlandish claims and who's lawyer was doing weird stuff that didn't make sense. That's what I was referring to when I asked, "wasn't that someone else?"

 

[raf1ki]

First of all, most attorneys with "experience" don't cost $1200 unless they have your client file all the way on the bottom. Second of all, choosing the right attorney could have made this go a lot differently. Finding out a lawyer who is a treasured alumnus, deep connections with the school affiliates, or even trying to figure out which law firm might have a close affiliation with the school. Third, there's just this vibe that the OP is not actually trying to win this and assumes that the other girl has some degree of compassion or amenability when there is no indication that she has any and escalated this to a 10/10. If this were a real legal case, then I'd put my money on the other party winning this out just based on how the progression of the events have occurred and how it always seems like the OP is more interested in sharing this as a case study rather than actually trying to lawyer up.

The fact is that a lawyer has very little power with schools, aside from your suggestion that he could have connections within the school. OP is largely at the mercy of the university, who has near-absolute authority with their handling of this situation. Universities need only a "proponderance of evidence" to make a decision, which is basically the opposite of innocent until proven guilty. OP is desperately asking us for help because as his lawyer probably told him, there's not much he can do at this point except be as proactive as possible. In regard to your idea that OP is a troll because he didn't immediately find the most expensive lawyer in town with the most connections, well, that's pretty stupid. OP is a college student, not a wealthy middle-aged elite community club member.

 

[Durty-Trixxx]

You can only sue for incurred damages, and so far he has none. All damages have to be quantifiable with a $ value. He probably wouldn't even have a case, but consulting with the attorney never hurts. His best bet is to have the girl's cooperation in helping him get out of this - and that is best done through a lawyer.

What kind of legal background do you have?

I'm not a lawyer but I'm pretty sure the OP can file a civil lawsuit where tort damages can be applied --- and that means punitive damages that are meant to "teach a lesson" to the university administration for wrongful decision of guilt, lack of due process and smearing the OP's personal character.

Punitive damages can range into the millions --- and will most likely be awarded to OP if this action denies him admission into med school. Very simple math involved --- OP will lose $250K+ salary X 35 years = $8 million award settlement

 

[raf1ki]

With the number of variables involved, that seems like a nice fantasy rather than a pragmatic solution. But I don't have any legal background so I stand corrected about tort damages being an option. I'm just used to seeing the common misconception that you can sue anyone for anything.

 

[Skiiiiiing]

What kind of legal background do you have?

I'm not a lawyer but I'm pretty sure the OP can file a civil lawsuit where tort damages can be applied --- and that means punitive damages that are meant to "teach a lesson" to the university administration for wrongful decision of guilt, lack of due process and smearing the OP's personal character.

Punitive damages can range into the millions --- and will most likely be awarded to OP if this action denies him admission into med school. Very simple math involved --- OP will lose $250K+ salary X 35 years = $8 million award settlement

Although its unlikely that they'd rescind on a pending appeal, much more likely they'll carefully go through the file and find something to separate on. At least, that is how it is done in the private sector.

This kind of case is why I don't date, don't drink, don't even joke around with anyone associated with my program.

@OP - I would have a lot of ideas on my mind for how I was going to pay the bills in a few months. No one in the private sector will have knowledge about the situation if you just apply to regular joe jobs in tech or finance or whatever after graduation. There are a lot of really great pathways in both fields, many of them staffed by people who engage in a lot of.

Trying to conceal from your program after formal disciplinary has been started is unwise.

 

[Skiiiiiing]

i wonder if the OP has grounds for slander against her at this point.

A victim or alleged victim going to the cops or school administrators about this would be protected speech, meaning its almost impossible to sue her for the activity.

You'd have to prove the accusation was made with "actual malice" - meaning in this context the accuser knew it was false when they made it. Unproven, meritless, speculative accusations to police/university authorities/etc are protected.

Unless there are text messages or facebook or something similar about her faking it, its a non-starter. Moreover, in practice, lawsuits against regular joes like some random cluster b girl in a club are almost unheard of because they have no assets...they just declare bankruptcy, the end.