The State of Pennsylvania is home to many amazing colleges and universities, including Penn State, the University of Pennsylvania, Temple, Drexel, LaSalle, and Villanova. If you're a student attending one of these schools, you are likely very serious about getting a quality education and preparing for a lucrative career. But if you are a college/university student who has been accused of domestic or relationship violence, you could be facing jeopardy on multiple fronts. Not only could you face a Protection from Abuse (PFA) order and even criminal charges, but even if you avoid criminal penalties, you could be facing disciplinary action from your school--jeopardizing everything you have worked for.
At the state level, domestic violence of any kind is prosecutable as a crime. In the school setting, however, your alleged act of violence is likely categorized as a Title IX violation--which means the school must follow federal rules in investigating the case and imposing discipline. Educational institutions in Pennsylvania are committed to maintaining a safe environment and will and are required by law to impose disciplinary actions against students found guilty of such allegations. In the most severe cases, this can result in suspension or expulsion from the university--whether or not criminal charges are ever filed. To make matters even more complicated, schools use the preponderance of the evidence standard to determine guilt or innocence--not the "guilt beyond a reasonable doubt" standard of criminal courts. This means you actually have a greater risk of being punished by your school than being convicted of a crime.
Given the complications college students can face with domestic or relationship violence charges in Pennsylvania--both at the college and the criminal level--your best hope of a favorable outcome is to hire an attorney with specific experience both in student defense and Pennsylvania criminal law. The LLF Law Firm's Criminal Defense and Student Defense Teams have abundant successful experience in both areas of concentration. We can move aggressively to defend you against criminal repercussions while also helping you navigate the student disciplinary process to protect your academic future. To schedule a consultation, call us at 888-535-3686 or fill out our online form.
Pennsylvania Domestic Violence Criminal Charges
In Pennsylvania, there isn't a standalone statute specifically criminalizing domestic violence. Instead, various forms of domestic abuse are prosecuted under broader criminal laws related to general acts of violence. The Protection from Abuse Act broadly defines "domestic abuse" as a list of criminal offenses that are perpetrated "between family or household members, sexual or intimate partners or persons who share biological parenthood." This list includes assault, rape, false imprisonment, physical or sexual abuse of a child, and criminal threats, among others.
Breaching these laws can result in criminal charges within local courts. Additionally, such charges might prompt disciplinary actions from Pennsylvania colleges or universities, as they often regard breaches of state criminal laws as violations of their respective Codes of Student Conduct. Even in the absence of formal criminal charges, educational institutions may still impose disciplinary measures based on these laws. Let's take a closer look at some of the specific Pennsylvania statutes that fall under the category of domestic violence when inflicted against a spouse, ex-spouse, family member, sexual partner, or co-parent.
Harassment
Under Pennsylvania Criminal Code Section 2709, harassment encompasses a range of intentional actions that can cause distress or alarm to another individual. These actions may include unwanted physical contact, following someone persistently, or engaging in repeated communication, such as phone calls, texts, or messages, without any legitimate purpose. This behavior can make the victim feel uncomfortable, threatened, or unsafe. Harassment is classified as a summary offense in Pennsylvania, which means it is considered less severe than felony or misdemeanor charges. However, it still carries significant consequences, including a potential penalty of up to 90 days in jail and a fine of $300.
Stalking
Defined by Pennsylvania Criminal Code Section 2709.1, stalking involves a pattern of repeated behavior that causes another individual significant emotional distress or instills a reasonable fear of physical harm. This behavior can include following someone, sending unwanted messages, or showing up uninvited in places where the victim is present. The severity of this offense can vary widely, ranging from a first-degree misdemeanor to a third-degree felony, based on factors such as the offender's history, the nature of the actions, and the impact on the victim. Penalties for stalking can be quite severe, potentially resulting in sentences of up to seven years in jail and fines reaching as high as $15,000.
False Imprisonment
According to Pennsylvania Criminal Code Section 2903, false imprisonment is defined as the act of one individual knowingly and unlawfully restraining another person against their will, which can take various forms such as physical confinement or psychological coercion. This offense is classified as a second-degree misdemeanor, reflecting the seriousness of the violation of personal freedom. Individuals convicted of false imprisonment may face significant legal consequences, including a potential prison sentence of up to two years. Additionally, they may be subjected to a monetary fine that can reach as high as $5,000.
Sexual Offenses (e.g., Rape, Sexual Assault)
Title 18, Chapter 31 identifies a range of prosecutable sexual offenses, including rape (forced sexual intercourse), sexual assault (forced sexual contact without penetration), and similar offenses committed with an individual either against their consent or when they are unable to provide consent due to various circumstances, such as intoxication, mental incapacity, or being underage. These offenses are generally first and second-degree felonies and can result in significant prison time--sometimes as much as 10-20 years. When these crimes are committed against children, the sentencing can escalate considerably: as much as 40 years in prison, and sometimes life imprisonment.
Protection from Abuse (PFA) Orders
Since Pennsylvania law effectively prosecutes the above offenses the same whether or not the perpetrator and victim were in a domestic relationship, the primary differentiator when identifying domestic or relationship violence is the right of the victim to obtain a Protection from Abuse (PFA) against the accused.
The PFA Act allows victims of domestic violence to seek legal protection from abuse, which is broadly defined to include acts such as physical violence, threats of harm, sexual assault, and other behaviors that cause fear of imminent serious bodily injury. This broad definition ensures that even non-violent but threatening behaviors can warrant protection under the law.
To obtain a PFA order, the petitioner must file a request with the court, detailing the abusive behaviors experienced and the relationship with the accused. The court then evaluates the evidence presented, and if the judge finds a credible risk of abuse, a temporary PFA order can be issued immediately, providing short-term protection. A hearing is typically scheduled within ten days, where both parties can present their case. At this hearing, a judge will decide whether to grant a final PFA order, which can last up to three years and may include provisions such as restraining the accused from contacting the victim, vacating shared residences, and granting temporary custody of children.
Since a PFA order is a civil order, not a criminal one, it can be enacted against you if you're accused of domestic violence, even if no charges are ultimately filed. The implications of a PFA order for the accused can be significant. Once granted, the order will restrict your ability to contact or come near the petitioner. Violating a PFA order can result in criminal charges separate from the initial domestic violence allegations, leading to possible fines or imprisonment.
Qualifying Intimate and Domestic Relationships
Under Pennsylvania's Protection from Abuse Act, courts can issue a Protection from Abuse (PFA) order if abuse occurs between "family or household members, sexual or intimate partners, or persons who share biological parenthood," which includes both current and former sexual or intimate partners. This means if you have had any past or present intimate relationship with another student or individual, it may be sufficient grounds for a PFA order if you're accused of committing an act of domestic abuse against that person. Should another student successfully obtain a PFA against you, it can hinder your ability to attend any classes you might share together. The existence of a PFA order can also trigger additional disciplinary actions from your college or university under Title IX regulations, including additional no-contact orders issued by the school.
School Disciplinary Charges for Relationship Violence
While the criminal charges or Protection from Abuse (PFA) proceedings you face are handled by local courts, your Pennsylvania college or university may still initiate its own disciplinary proceedings based on the same allegations of relationship or domestic violence. This is particularly likely if the complainant, who is also a student, anticipates restrictions on your presence on campus. In such cases, school officials often pursue disciplinary actions to ensure campus safety for all students.
While many allegations of domestic/relationship violence may fall into the territory of Title IX violations, many Pennsylvania colleges and universities have separate rules that allow for disciplinary charges related to relationship or domestic violence when Title IX does not apply. For instance, Villanova University's Sexual Misconduct Policy specifically addresses issues such as dating violence, domestic violence, sexual assault, and stalking. Penn State University's policy on Discrimination, Harassment, and Related Inappropriate Conduct prohibits similar behavior. Title IX mandates that institutions receiving federal funding must address dating and domestic violence, or risk losing that funding, prompting most Pennsylvania schools to maintain stringent policies. The LLF Law Firm's Student Defense Team offers experienced representation to help defend against these school disciplinary charges.
Understanding Title IX's Role in Addressing Sexual Misconduct
To comprehend how Title IX has evolved as a mechanism for handling allegations of sexual misconduct, it's essential to revisit its origins. Enacted as part of the Education Amendments of 1972, Title IX was designed to eliminate sex-based discrimination across federally funded education programs. Initially, the legislation aimed to ensure equal opportunities for female students in athletics, tackling disparities in resources, funding, and opportunities between male and female sports programs. This significant legislative move greatly enhanced female participation in sports, guaranteeing equal access to scholarships, facilities, and coaching for women.
However, Title IX's influence gradually extended beyond athletics, addressing broader issues of gender discrimination in education, such as admissions, financial aid, and employment within educational institutions. As societal norms evolved and awareness of gender equity issues grew, so did the interpretation of Title IX. In the 1990s, the Department of Education's Office for Civil Rights (OCR) began to view sexual harassment and assault as forms of gender discrimination under Title IX. This was largely influenced by high-profile cases and recognition of the harmful impact of sexual misconduct on the educational experience. The landmark Supreme Court ruling in Davis v. Monroe County Board of Education in 1999 further cemented this perspective, holding schools accountable under Title IX for student-on-student sexual harassment if they showed deliberate indifference to known incidents.
Interpretation of Title IX Is a Moving Target
The interpretation and application of Title IX have varied significantly across different presidential administrations, resulting in a complex and often confusing landscape of rule changes, especially concerning student-based sexual harassment.f The Obama administration's 2011 "Dear Colleague" letter emphasized proactive measures to prevent and address sexual violence, advocating for support systems for survivors and comprehensive disciplinary procedures. This broadened Title IX's protective role but also sparked debates over due process and the balance between victim protection and fairness for the accused.
Subsequent rule changes under the Trump administration heightened due process standards, introducing live hearings to ensure fairness. More recently, however, the Biden administration has reverted to some of the Obama-era guidelines, expanding protections under Title IX, yet this shift continues to stir concerns about potentially compromising the rights of the accused.
New Biden-Era Rules Make It More Challenging for the Accused
Effective August 2024, the Biden administration's new Title IX guidance involves over 1500 pages of comprehensive changes that could significantly affect students' ability to defend against false claims of sexual misconduct. Key changes include:
- Lower Misconduct Standard: The threshold for what is considered sexual misconduct has been reduced from "severe, pervasive, and objectively offensive" to "sufficiently severe or pervasive." This adjustment simplifies the criteria, potentially increasing the classification of behaviors as Title IX violations.
- Return to the Preponderance of Evidence Standard: Previously, schools were required to use a "clear and convincing evidence" standard. The new rules mandate a shift back to the "preponderance of evidence" standard, where a violation is determined if it is more likely than not that the misconduct occurred, thus lowering the burden of proof.
- Individual Meeting Method: The guidance favors individual meetings for investigating allegations, resembling the single investigator model. Here, one person collects statements, evaluates evidence, and decides on violations. This could lead to concerns about potential biases and conflicts of interest, threatening the investigation's impartiality.
- Elimination of Live Hearings: The removal of mandatory live hearings, where accusers are questioned under oath, limits the accused's capacity to challenge the evidence and the witnesses' credibility, potentially reducing the rigor of scrutiny applied to allegations.
- Extended Jurisdiction: The jurisdiction of Title IX has been extended to cover off-campus and international incidents. This empowers schools to handle sexual misconduct cases occurring outside traditional campus boundaries, increasing the chances of Title IX investigations for off-campus conduct.
- Broadened Definition of Sex Discrimination: The definition now includes sex-based harassment, allowing a broader range of behaviors and statements to be interpreted as Title IX violations.
The Current State of Title IX
The expansion of Title IX to address sexual misconduct aims to enhance protections for vulnerable students, yet its framework often aligns the accuser's interests with those of the institution. Schools, tasked with adjudicating these offenses, face the risk of losing federal funding if they do not comply, potentially sidelining the accused's interests without strong advocacy. This misalignment means that a false accusation can easily gain the authority of the school, which is legally obligated to take every claim seriously and scrutinize the accused.
This imbalance arises because schools prioritize their financial interests, with federal funding hinging on Title IX compliance. Consequently, accused students face substantial challenges from the start, highlighting a significant flaw in the Title IX disciplinary process: schools may prioritize funding over student rights.
When Does Domestic or Relationship Violence Qualify as a Title IX Violation?
One area of particular concern within Title IX is how domestic or relationship violence is addressed and classified. Under the new Biden-era rules, these forms of violence are explicitly included in the definition of sex discrimination, broadening the scope of what can be considered a Title IX violation. This change recognizes that intimate partner violence can have a significant impact on a student's educational experience, making it crucial for schools to address and prevent such behavior.
However, this also brings about challenges in determining when domestic or relationship violence qualifies as a Title IX violation. In some cases, it may be clear cut, with direct evidence of sexual assault or harassment by one partner against another. But in other situations, it may be more complicated, such as if both partners engage in harmful behaviors towards each other, or if the alleged violence did not involve forced sexual contact or sexual harassment. This ambiguity of when domestic violence qualifies as a Title IX violation, and when it does not, greatly increases the risk that an accused student could have their due process rights violated depending on how the school chooses to interpret the incident.
Facing a Title IX investigation or sexual misconduct charge is daunting, and students should not go through it alone or with inadequate support. School-appointed "advisors" often lack the necessary experience to handle such serious allegations, which can include offenses legally equivalent to rape or indecent assault. Even seemingly minor actions like a non-consensual kiss can be criminalized. While criminal charges may or may not be filed, being accused of domestic violence on campus can still significantly impact your future due to the lower burden of proof required by Title IX.
The Low Burden of Proof in Title IX Cases--and the Risks to the Accused
Among the changes introduced by the new Biden-era rules, the return to the "preponderance of the evidence" standard poses a considerable challenge for accused students. This standard, often described as "50 percent and a feather," requires only a slight tilt in evidence towards the accuser for a guilty finding. Even with substantial evidence supporting the accused's innocence, a small amount of additional evidence favoring the accuser can meet this threshold. This burden of proof is significantly lower than that of the criminal courts, which require you to be proven guilty "beyond a reasonable doubt" if you're charged with a crime related to domestic or relationship violence.
Moreover, Title IX investigations are conducted by school personnel rather than trained law enforcement or legal professionals. This lack of experience can lead to improper evaluations and erroneous determinations, resulting in severe disciplinary consequences for the accused and a potential lack of accountability for the accuser.
Investigating Relationship Violence on Pennsylvania Campuses
Pennsylvania colleges and universities are required to investigate alleged incidents of relationship and domestic violence that occur on campus or otherwise affect campus life. These institutions bear a public responsibility to maintain orderly and safe environments, a duty they take very seriously. Schools like Villanova University, the University of Pennsylvania, Penn State University, and Temple University have their own campus police departments. When a student reports an incident of relationship or domestic violence, campus police can respond swiftly to investigate the claims and protect the complainant. Furthermore, if campus police receive information from external law enforcement about a student involved in such violence, they will collaborate with those agencies. Even if campus police are not directly involved, a Title IX coordinator or another designated official will likely act quickly to comply with federal requirements, initiating disciplinary proceedings to address the situation.
Relationship or Domestic Violence Sanctions and Consequences
Domestic/relationship violence is a grave issue that carries the potential for significant legal and academic repercussions. Convictions in criminal court for such offenses can result in lengthy prison sentences, hefty fines, and, depending on the offense, sex offender registration. Similarly, Pennsylvania colleges and universities reserve the right to impose severe penalties for these offenses, ranging from loss of housing and privileges to suspension, or even expulsion. Beyond the immediate penalties, both criminal convictions and school disciplinary actions can lead to long-term consequences, such as hindering your ability to transfer or enroll in graduate programs and affecting your career prospects, licenses, and certifications. Because the stakes are so high, and because the penalties can come from multiple directions, it's critical to protect your educational investment The LLF Law Firm's Student Defense and Criminal Defense Teams have the knowledge and experience required to secure the best possible outcome for you, whether you're facing a judge in court, a Title IX investigator, or a school disciplinary committee.
Defending Against Domestic Violence Criminal Charges
Being charged with a crime related to relationship or domestic violence or facing a PFA order does not automatically result in conviction or severe penalties. Pennsylvania law provides various defenses against these charges, applicable both in criminal proceedings and PFA cases. Retaining the LLF Law Firm for your defense can facilitate a prompt release with favorable bond conditions. Our Criminal Defense Team can identify weaknesses in the prosecution's case at preliminary hearings, enforce discovery rights to uncover exculpatory evidence, and move to suppress unlawfully obtained evidence. We might also suggest an Accelerated Rehabilitative Disposition (ARD) to avoid prosecution or engage in plea negotiations for charge reductions or dismissals. With a proficient trial advocate, the LLF Law Firm can effectively cross-examine witnesses and seek post-trial relief or appeal if necessary, providing the skilled defense needed to challenge and overcome criminal charges.
Defending Against School Dating Violence Disciplinary Charges
Your college or university in Pennsylvania will have specific procedures for handling disciplinary actions related to dating or domestic violence, whether through their internal protocols or through the Title IX office. Public institutions are generally required by constitutional due process to provide fair notice and an opportunity to contest these charges, while private schools may have similar obligations through contractual agreements. By strategically navigating these procedures, the LLF Law Firm's Student Defense Team can help you effectively respond to disciplinary complaints, raise defenses, and access the school's evidence. They can prepare you for disciplinary meetings, pursue charge dismissals, amend investigation reports, represent you when possible in formal hearings, negotiate on your behalf where applicable, and appeal unfavorable decisions. Additionally, we can negotiate alternative resolutions through various oversight channels even after all procedural options have been exhausted, ensuring comprehensive support in defending against school disciplinary actions.
Why You Need an Attorney Versed in Both Criminal Law and Education Law
When you're a Pennsylvania student accused of domestic or relationship violence, you may be fighting battles on two fronts at once: one at the criminal court and one within the school disciplinary system. Most local attorneys may have experience with one of these fronts, but usually not both. Navigating Title IX cases can be exceptionally challenging due to the intricacies of the law and the significant stakes involved. Additionally, because Title IX rules are always changing, it can be even more challenging to mount a skillful defense if your alleged violation falls in that category. Finding a local attorney with the necessary knowledge and experience is often difficult, comparable to searching for a needle in a haystack. With Title IX being a federal law affecting students across the nation, the location of the attorney's office is less important than their track record and experience in managing these cases effectively.
At the LLF Law Firm, we have extensive experience both in education law and in Pennsylvania criminal defense, making it less necessary to hire two law firms to cover both aspects of your domestic violence case. Our Student Defense Team brings extensive experience in Title IX cases, and we have earned a nationwide reputation as a preferred choice for such legal issues. We are adept at crafting robust defenses and liaising with key figures within educational institutions, including Title IX coordinators, investigators, general counsel, campus police, and the Department of Education's Office for Civil Rights. We also stay on top of the most current Title IX guidance to ensure that we're employing the most effective defense strategies. Our comprehensive approach ensures that an accused student's rights and interests are safeguarded throughout the process.
At the same time, as a Pennsylvania-licensed law firm, the LLF Law Firm's Criminal Defense Team has extensive experience protecting the rights of criminal defendants statewide, including those facing domestic violence charges and PFA orders. Our team will meticulously examine all evidence against you, diligently working to protect your rights and advocate on your behalf.
As a Pennsylvania college/university student, if you're facing domestic violence charges, student disciplinary charges, or both, there are too many variables that can negatively impact your future for you to fight these battles alone. The LLF Law Firm can work to get you favorable outcomes on all fronts of this difficult situation. To schedule a consultation, call us at 888-535-3686 or fill out our online form.
