A female classmate accused me of rape. We woke up in the afternoon in my room after a way too wild party. Neither of us remember anything after 1 AM. But our friends insisted we had sex. A detective approached me about three weeks later, said she made a rape report a few days earlier. Ultimately, her reason was she would have consented to sex with a few guys at the party, but never me; ergo, I must have raped her. The DA didn't file charges since eyewitness and other evidence indicated bad judgment, but not rape. Now, the school wants to hold a closed hearing to determine if I did rape her. I won't be allowed a lawyer. If I refuse, they will consider the charges true and expel me. What can be done to stop this?
Just because DA did not file charges now does not bar the DA from bringing charges against you at a later point in time, especially if presented with new evidence - e.g., incriminating statements you made to your school administration. Contact a few local attorneys and request a consultation to discuss the facts of your case more in depth. After hearing the facts, they would be in a better position in advising you on what to do with your school.
I have seen this situation before come up. There are attorneys who specialize in "school law" or "education law" that can better answer your question. Schools can certainly have certain hearings according to their by-laws that you most likely consented to, but there may be limitations. Use the Avvo "Find a Lawyer" for your area that is experienced in school law or education law. Good luck to you.
Sorry to hear about this. You are in a difficult position. I don't believe they can prohibit a lawyer. In the current climate regarding on campus sexual assaults, you best start looking for a new college.
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