As per the guidelines of the US Department of education, the universities are bound by the legal obligation to separate the accuser and accused after charges are filed on the grounds of sexual misconduct. The universities are heavily scrutinized by the government authorities and the accuser to ensure that they are fulfilling the duty of ensuring separation. Make sure to click here to read more.
The university can restrict the movement of an accused student if he or she is charged with sexual conduct, regardless of the proof. They avoid making any demands to the accuser regarding alteration in the schedule. Instead, they ask the student charged with misconduct to maintain distance from the accuser.
This is generally because it can be traumatizing for sexual assault victims to stay in the same area with their assaulters. However, the schools are required to treat the alleged assaulters fairly and take a wise approach while making restrictions on their lifestyle. They must not be treated as guilty from the initial stages. It must be proven that he or she is responsible for the incident with proper proof to make changes. Schools must avoid making crucial decisions on an assumption basis.
No Contact Order – An Overview
The School may restrict the movement of accused students by imposing no-contact orders. They may also order them to avoid conversations with the friends of the victim or any common acquaintances. Other demands may include staying away from common areas on the campus, the dining area, or the entire campus. They May be required to avoid staying at the campus for academic reasons. The accused are suggested to stay away from sororities, fraternities, and other student communities for the time being.
These restrictions may cause disturbances to the lifestyle of the accused student. It is especially harmful to those that are falsely accused. They will be facing restrictions from enjoying their campus life and taking part in the necessary experiences of the university. These restrictions may be imposed even before further investigation.
Handling new contact order
To successfully adjust with no contact order, make sure to avoid having any type of connection with the friends or alleys of the accuser. Do not ask them about the incident or contact him via social media. If you consider contacting them anonymously, make sure to drop that plan.
Avoid confronting your accuser about the incident online or in person. You may have a lot of unsaid conversations, but you should refrain from talking to them, especially if a new contact order is released against you. Going against it will be counted as retaliation which is not where you want your case to be headed. This will make it harder for you to win the case, and you will be charged with sexual misconduct as well as violating the no-contact order. The violation comes as a disciplinary judge who can lead to unwanted legal consequences. This must be taken seriously to avoid future complications.