Common Examples of Sexual Misconduct

In its Dear Colleague letters and other published guidance, the Office for Civil Rights (OCR) of the Dept. of Education has described specific forms of sexual violence and/or misconduct prohibited under Title IX.

These include:

  • Rape/sexual assault
  • Sexual battery
  • Sexual coercion
  • Sexual harassment
  • Intimate partner violence
  • Stalking
  • Voyeurism
  • Videotaping or taking pictures of sexual activity

We lay out a few of these examples in more detail below.

Rape/Sexual Assault

This is the clearest form of sexual violence. Intercourse, as in any other sexual act, requires consent. Without consent, a student could be accused of rape or sexual assault.

Drugs and alcohol - extremely common at college - can easily muddy the waters on consent: According to the OCR, a student may be deemed incapable of giving consent because they were intoxicated.

Sexual Coercion

Sexual coercion is another form of sexual violence that takes place without the victim's consent. It is the use of verbal or emotional pressure - also sometimes involving outright physical force - to induce the student into sexual activity. Drugs or alcohol may also play a role.

Videotaping/Taking Pictures

Today's college students grew up with the internet, which means they also grew up with easy access to online pornography. "Selfie" culture also plays a role. Many students feel comfortable opening their lives to sharing via smartphones and social media networks like Facebook.

But, as in other examples of sexual misconduct, videotaping or taking pictures of sexual activity without all participants' consent will subject a student to disciplinary action under Title IX.

Contact Roberts Law Group, PLLC

An accusation of sexual misconduct may trigger a Title IX investigation and subsequent disciplinary action against the accused student.

  • This is true whether consent was actually present or not in any given case.

Despite the well-intentioned efforts of the government and school administrations to reduce sexual violence at colleges and universities nationwide, those students who face serious and life-changing accusations, deserve legal representation.

From our offices in Raleigh, we defend students facing Title IX discipline throughout North Carolina. For a free consultation, call 866-630-2389.

North Carolina vs. O.S.
Charge: First Degree Forcible Rape and First Degree Kidnapping
Facing: 26 - 33 years in prison
Result: Dismissed

Case involved allegations of forcible rape at gun point. We were able to gather evidence to attack the accuser's credibility and discredit her story. The prosecution dismissed the charges.

Read more results