If you're a college or university student at one of Pennsylvania's many schools--whether at Penn State, Temple, University of Pittsburgh, etc.--being accused of sexual harassment is no laughing matter. Even if you're innocent, being accused of a sexual harassment offense can have serious consequences for your future. Pennsylvania schools are under intense pressure to uphold and enforce Title IX rules to ensure students are free from gender-related discrimination (which includes sexual harassment), and this makes the school more likely to err on the side of caution and enforce discipline without due process for the accused. Even more than that, many behaviors qualifying as sexual harassment are also criminal offenses under Pennsylvania law. Thus, a single allegation of sexual harassment has the potential of putting you in jeopardy on two fronts--facing possible suspension or expulsion from your school and facing a possible criminal conviction and even jail time. The LLF Law Firm has extensive experience in both areas: our Criminal Defense Team can help you address any criminal charges you may face, and our Student Defense Team can help you navigate the student disciplinary process to minimize the damage to your academic prospects. To schedule an appointment, call us at 888-535-3686, or fill out our online form.
Sexual harassment encompasses a wide spectrum of actions, ranging from offensive jokes or derogatory remarks to severe offenses such as sexual assault and rape. Institutions of higher education in Pennsylvania, as well as across the country, have long been dedicating considerable effort to diminish or eradicate cases of sexual harassment within their student bodies, faculty, and staff. This commitment extends beyond the campus boundaries. Consequently, students in Pennsylvania may face charges and disciplinary actions from their schools for harassment, even if it does not qualify as illegal under criminal law. Similarly, if a student is charged with a crime of a sexual nature in Pennsylvania, the school may consider it a violation of their Student Conduct Code--even if the alleged incident occurred off-campus.
Suffice it to say that if you're a PA student accused of sexual harassment offenses, your academic career, your professional career, your reputation, and even your freedom may all be at stake. Add to the mix the fact that Title IX rules are constantly in a state of being rewritten and challenged, and you have a very complex situation that many local criminal defense attorneys simply don't have the experience or background to handle. With so much on the line, your best hope of success is to hire a Pennsylvania criminal defense attorney who also has experience with education law and student defense matters.
The Intersection of Sexual Harassment and Criminal Activity in Pennsylvania Law
Sexual harassment generally refers to unwanted conduct of a sexual nature that creates a hostile or offensive environment. In the context of Title IX, which governs educational institutions receiving federal funding, sexual harassment includes unwelcome advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature that interferes with an individual's education or creates an intimidating, hostile, or abusive educational environment.
While this type of behavior may result in serious consequences under a college's Student Conduct Code, it doesn't always rise to the level of criminal conduct under Pennsylvania law. However, in some instances, these unwanted behaviors can cross the line and become a crime.
When Does Sexual Harassment Become a Crime?
In Pennsylvania, sexual harassment can escalate into criminal behavior if it involves physical contact, explicit threats, or repeated behavior after being asked to stop. These actions might fall under various criminal statutes, depending on the severity of the conduct and the specifics of the situation. Some types of sexual misconduct are clearly defined under Pennsylvania law as criminal offenses, meaning that once certain actions are committed, the legal system becomes involved, potentially resulting in serious penalties such as fines, jail time, and even being registered as a sex offender.
The key to determining whether sexual harassment crosses into criminal activity often rests on the nature of the behavior, the victim's response, and whether the conduct was intentionally harmful or threatening. Below are some examples of criminal offenses under Pennsylvania law that encompass sexual harassment-related behaviors.
Indecent Exposure (18 Pa. C.S. § 3127)
Indecent exposure occurs when a person intentionally exposes their genitals in a public place or where others are present, with the intent to offend, alarm, or sexually arouse themselves or others. Common examples include public nudity, such as flashing or streaking and exposing oneself to another without their consent. This offense is typically charged as a second-degree misdemeanor, carrying penalties of up to two years in prison and fines. However, if the exposure occurs in the presence of a minor, it becomes a first-degree misdemeanor, punishable by up to five years in prison. Repeated offenses or egregious circumstances may also result in more severe penalties, including mandatory registration as a sex offender.
Indecent Assault (18 Pa. C.S. § 3126)
Indecent assault is a common charge when sexual harassment involves unwanted physical contact. Under Pennsylvania law, a person commits indecent assault if they have "indecent contact" with another person without their consent or if they coerce someone into such contact. "Indecent contact" is defined as touching intimate parts of the body for sexual gratification, but it can also include non-penetrative contact that is meant to degrade or humiliate the victim, such as putting them into unwanted contact with bodily fluids.
For example, touching someone's private parts without their permission, even over clothing, can result in a charge of indecent assault. A conviction for indecent assault can lead to significant penalties, including jail time, fines, and possibly registering as a sex offender.
Harassment (18 Pa. C.S. § 2709)
Harassment is one of the most frequent charges that arise out of situations where sexual harassment occurs, particularly if the behavior involves repeated, unwanted contact or communication. Harassment becomes a crime when a person engages in a course of conduct with the intent to harass, annoy, or alarm another person.
Sexual harassment may rise to criminal harassment if the accused repeatedly makes obscene or inappropriate comments, sends unwanted sexually suggestive messages, or follows the victim in a way that causes fear or emotional distress. Even without physical contact, persistent and intimidating behaviors can result in criminal penalties under this statute. If convicted of harassment, individuals can face penalties ranging from fines to imprisonment, depending on the severity of the harassment and whether any prior offenses exist.
Stalking (18 Pa. C.S. § 2709.1)
Stalking is a serious crime under Pennsylvania law and goes beyond typical harassment. A person is guilty of stalking if they engage in a course of conduct or repeatedly communicate with another person with the intent to cause fear of bodily injury or significant emotional distress.
In the context of sexual harassment, stalking could involve following the victim, showing up uninvited at their home or place of work, or continuously sending threatening or sexually explicit messages. Stalking is often associated with a pattern of behavior that escalates over time, causing the victim to fear for their safety.
A conviction for stalking can result in significant legal consequences, including jail time and a criminal record that can impact future opportunities, such as employment or housing. In some cases, stalking charges may also lead to a protection order being issued against the accused.
Sexual Assault (18 Pa. C.S. § 3124.1)
Sexual assault is a more severe charge that applies to non-consensual sexual contact. Under Pennsylvania law, a person is guilty of sexual assault if they engage in sexual intercourse or other sexual contact with another person without their consent.
For college students, the issue of consent is often critical in cases of alleged sexual harassment. If sexual activity occurs and one party did not give clear and voluntary consent, it could lead to a charge of sexual assault. Consent must be freely given, and if someone is incapacitated due to drugs or alcohol, they are legally unable to consent. Misunderstandings about consent, particularly in situations where alcohol is involved, can lead to criminal accusations in addition to Title IX disciplinary actions.
Sexual assault is a felony offense in Pennsylvania, and a conviction can result in long-term imprisonment, as well as a requirement to register as a sex offender under Pennsylvania's Megan's Law.
Obscene and Other Sexual Materials and Performances (18 Pa. C.S. § 5903)
In situations where sexual harassment involves the dissemination of sexually explicit images, videos, or messages, Pennsylvania's laws on obscene materials may apply. For instance, if someone shares nude or sexually explicit images of another person without their consent, they could face criminal charges under this statute.
The distribution of sexually explicit content without consent, often referred to as "revenge porn," is a growing issue on college campuses. Pennsylvania has laws specifically addressing this type of behavior, and anyone convicted of such crimes could face significant penalties, including jail time and fines.
Consent and Communication
One of the key themes in sexual harassment cases, particularly when criminal charges are involved, is the issue of consent. Pennsylvania law is clear that sexual contact without consent can lead to criminal liability. It's important to understand that consent must be given freely, without coercion, and can be withdrawn at any time. College students should be aware that even seemingly minor incidents can escalate into criminal matters if they involve a lack of consent or repeated unwelcome behaviors.
Criminal Charges Can Result in School Disciplinary Actions
Even if your alleged act of criminal sexual harassment occurred off-campus and had nothing to do with any school functions, the criminal charges can still trigger serious disciplinary actions from the school. Although such actions would likely not fall under the jurisdiction of Title IX, most schools include language in their Code of Student Conduct stating that criminal acts committed by students may result in disciplinary actions from the school, up to and including suspension and expulsion. Furthermore, because schools use a lower standard of proof to determine your guilt than even the courts do (i.e., "preponderance of the evidence" versus guilt "beyond a reasonable doubt"), it's statistically more likely that you will face adverse actions from your school than that you will be convicted of a crime. The LLF Law Firm Team has a level of experience in both student defense and PA criminal defense that most local attorneys don't have, and we can advocate for you effectively on both fronts to minimize the damage and promote favorable outcomes.
Sexual Harassment Under Title IX
On Pennsylvania college and university campuses, the primary consideration in sexual harassment allegations is not whether the behavior is a crime but whether it violates Title IX rules--and in fact, many behaviors that are not crimes do qualify as Title IX violations. These actions can lead to serious disciplinary consequences such as suspension or expulsion, even if no criminal charges are ever filed.
Title IX of the Education Amendments of 1972 is a federal law that prohibits discrimination based on sex in any federally funded education program or activity. While the law was primarily enacted to ensure gender equality in sports scholarships and competition, the definition of the law has been greatly expanded over the years to include instances of sexual harassment and/or assault.
Title IX's Definition of Sexual Harassment
Title IX defines sexual harassment broadly, which encompasses various unwelcome behaviors of a sexual nature. As clarified by the U.S. Department of Education, sexual harassment includes three main categories of behavior:
- Quid Pro Quo Harassment: This occurs when a school employee conditions educational benefits or participation on unwelcome sexual conduct.
- Unwelcome Conduct: This is conduct based on sex that is sufficiently pervasive and offensive to deny a student equal access to education.
- Sexual Assault, Dating Violence, Domestic Violence, or Stalking: While these behaviors can cross into criminal territory, they also constitute Title IX violations when occurring in an educational context.
For students accused of sexual harassment, the second category—unwelcome conduct—is most pertinent, particularly in student-to-student interactions. This behavior doesn't need to be physically aggressive or involve force to qualify as harassment. Instead, the key elements are whether the conduct was unwelcome, how it affected the victim, and whether it was significant enough to impact the victim's access to educational opportunities.
Common Types of Sexual Harassment Under Title IX
Verbal Harassment
Verbal harassment includes any unwelcome sexual advances, comments, or statements that create a hostile or uncomfortable environment for the recipient. Common examples include:
- Sexually explicit comments or jokes: Frequently making crude jokes or comments with sexual overtones can create an environment where the targeted individual feels uncomfortable or harassed.
- Sexual propositions or requests: Repeatedly asking a peer for a date or sexual favors after they've declined can be seen as harassment.
- Spreading rumors: Circulating false stories or gossip about another student's sexual activities or preferences is also a form of verbal harassment.
- Derogatory remarks regarding sexual or gender identity: Under recent reinterpretations of Title IX rules (see below), even expressing a dissenting opinion on topics of gender identity or sexual orientation can be construed as Title IX sexual harassment in certain contexts.
Verbal harassment does not have to be one-on-one. For example, making inappropriate comments in a group setting or classroom where the target can hear them can contribute to an environment that is considered hostile under Title IX.
Non-Verbal Harassment
Non-verbal harassment involves actions that communicate sexual intent or objectification without direct speech. These behaviors can include:
- Staring or leering: Persistent, unwelcome staring that focuses on a person's body or conveys sexual interest can make the target feel uncomfortable and unsafe.
- Sexually suggestive gestures: Making lewd hand signals or motions that imply sexual acts, even in the absence of words, can contribute to an environment of harassment.
- Sharing or displaying sexually explicit materials: Sharing pornography or sexually suggestive images or videos via text, social media, or in-person without consent can be considered a Title IX violation. Additionally, posting such content in public places, like dorm rooms or student lounges, can also be interpreted as creating a hostile environment.
Physical Harassment
Physical harassment refers to unwelcome physical conduct of a sexual nature. This behavior can vary in severity, from subtle touches to more overt actions. Physical behaviors that could lead to a Title IX violation include:
- Unwanted touching or groping: Even if not overtly sexual, touching another person without their consent in a manner that feels sexual can constitute harassment. For example, touching someone's thigh, shoulder, or back repeatedly, especially after they have asked you to stop, is considered a violation.
- Blocking movement or physical intimidation: Intentionally invading someone's personal space in a way that intimidates or suggests sexual intent can be classified as physical harassment under Title IX.
- Sexual assault: While sexual assault is a criminal offense, it is also treated as a form of harassment under Title IX. Any unwelcome sexual contact—ranging from kissing to more severe forms of physical aggression—falls under this category.
Cyber Harassment
With the rise of social media and digital communication, cyber harassment has become a significant issue in Title IX cases. This includes any unwelcome conduct of a sexual nature that occurs online or through electronic means, such as:
- Sending explicit messages or images: Sending sexual texts, images, or videos without consent is a clear violation. This includes unsolicited "sexts" or messages that repeatedly ask for sexual interaction.
- Cyberstalking: Persistently contacting someone via social media, email, or other electronic platforms in a way that suggests sexual interest or harassment, even after the person has made it clear they are not interested, may be deemed as harassment under Title IX.
- Publicly posting private information: Sharing private or intimate details about another student, including sexual content, without their consent can severely impact their educational experience and constitute harassment.
Intent Versus Impact
One critical aspect of Title IX cases is the difference between intent and impact. You might believe your behavior is harmless or friendly, but Title IX rules focus more on how the recipient perceives the behavior, not the intent behind it. For example, a comment you meant as a joke might make another person feel uncomfortable or unsafe. Under Title IX, this perception matters more than whether you intended to cause harm.
Title IX's Significant Influence on University Sexual Harassment Policies
The federal statute known as Title IX has significantly shaped numerous policies at colleges and universities, extending past the familiar aspects of gender equality in sports scholarships and competition. Title IX specifically mandates that educational institutions establish systems and designate personnel to address and manage claims of sexual harassment, discrimination, and assault. Institutions accepting federal funding—which includes nearly every college and university nationwide, including those in Pennsylvania—must adhere to Title IX regulations to preserve their funding sources.
Driven by Title IX and the aspiration to create a discrimination-free educational environment that nurtures learning and innovation, colleges in Pennsylvania and beyond have developed comprehensive policies and procedures. These are designed to simplify the process for students to report incidents of sexual harassment and enable the institutions to take decisive action following a report. Typically, these policies delineate methods for reporting harassment, outline procedures for investigating such reports, specify the disciplinary process for confirmed cases, and detail the consequences for students found responsible.
Title IX Rules: Constantly Changing Landscape
One of the most notable complications students face when fighting allegations of sexual harassment is that, in recent years, Title IX rules have been in a constant state of flux--sometimes affording more protections for the accused and sometimes removing those protections in favor of the alleged victim. This makes it extremely complicated for schools who must constantly rewrite their policies to stay in compliance--and it also increases the likelihood of accused students being unfairly disciplined while also being denied due process rights.
Throughout various presidential administrations, Title IX has evolved significantly, particularly concerning student-focused sexual harassment, resulting in a complex array of regulatory shifts. The 2011 "Dear Colleague" letter from the Obama administration set a precedent by emphasizing proactive measures, support for victims, and clear procedures for addressing sexual violence, which broadened Title IX's scope in student protection. However, this sparked debates over the balance between safeguarding victims and ensuring due process for the accused. The Trump administration responded by enhancing due process protections, raising the standards of proof, and mandating live hearings. The Biden administration has since reversed many of these changes, reverting to Obama-era policies and expanding Title IX protections, which has again raised concerns regarding the limitations on the rights of the accused.
Potential Impact of Biden-Era Title IX Rules on the Accused
Effective August 2024, the Biden administration's extensive 1500-page Title IX guidance introduces significant revisions that could affect students' ability to defend against unfounded accusations. Key changes include:
- Lower Standard for Misconduct Claims: The criteria for defining sexual misconduct have been reduced from "severe, pervasive, and objectively offensive" to "sufficiently severe or pervasive," simplifying the threshold for allegations to qualify as Title IX violations.
- Return to Preponderance of Evidence: The previously required "clear and convincing evidence" standard has been replaced with the "preponderance of evidence" standard, allowing findings of misconduct if it seems more likely than not that the incident occurred.
- Individual Meeting Approach: The endorsed individual meeting method, akin to the single investigator model, involves one investigator collecting statements, assessing evidence, and reaching conclusions, raising concerns about bias and conflict of interest in the investigative process.
- Removal of Live Hearings: The elimination of mandatory live hearings, which included cross-examination opportunities, reduces the accused's ability to directly challenge the credibility of evidence and witnesses.
- Expanded Jurisdiction: The jurisdiction of Title IX has been widened to cover off-campus and international incidents, enabling schools to discipline misconduct occurring beyond campus or during study abroad programs.
- Broadened Definition of Sex Discrimination: The definition now includes sex-based harassment, allowing a broader range of behaviors and statements to be classified as Title IX violations.
Current Landscape and Challenges
The expansion of Title IX aims to enhance protection for vulnerable students, yet the framework often aligns the school's interests with the complainant's, potentially sidelining the rights of the accused. Schools risk losing significant federal funding if they fail to adhere to Title IX, leading to a predisposition to prioritize compliance over ensuring fair treatment. This imbalance poses a substantial challenge for the accused, as schools may prioritize their funding interests over individual rights. Adding to the confusion is the fact that Title IX rules are frequently challenged in court by activist organizations who disagree with their interpretation. Depending on the judges hearing the case, this can result in even more rule changes based on court outcomes.
Despite these hurdles, Title IX cases are navigable with the right strategy. The LLF Law Firm's Criminal Defense and Student Defense Team is adept at managing the complexities of Title IX cases amidst evolving regulations. Their experience in negotiating and navigating these processes ensures that the rights of the accused are protected, striving for the most favorable outcomes possible.
Understanding Evidence Standards: School Discipline vs. Criminal Cases
In navigating allegations of sexual harassment within educational institutions, the distinction between the "preponderance of the evidence" standard and the "beyond a reasonable doubt" standard is crucial. These differing benchmarks have significant implications for students facing disciplinary actions.
The "preponderance of the evidence" standard is commonly employed in school disciplinary proceedings. This threshold requires that the evidence show it is more likely than not that the alleged misconduct occurred. Essentially, the decision hinges only on a greater than 50% certainty. This standard is considerably lower than the "beyond a reasonable doubt" standard used in criminal courts, where the prosecution must establish the accused's guilt to such a degree that there is no reasonable doubt left in the minds of the jury.
The implications of this discrepancy are profound. A student could be acquitted in a criminal court, where the burden of proof is significantly higher, yet still face suspension or expulsion from their institution based on the lower standard of proof used in school proceedings. This means that even if criminal charges are dismissed or not filed at all, a school may still take disciplinary action if they determine, by a preponderance of the evidence, that a violation of their Code of Conduct occurred.
For students, the consequences of these standards are substantial. A disciplinary record resulting from such a decision can affect future educational and career opportunities, often carrying a stigma that does not reflect the legal outcome of criminal proceedings. This underscores the importance for students to understand their rights and seek skilled representation to navigate both educational and legal systems effectively, ensuring their interests are adequately defended across all fronts.
Not All Attorneys Can Address Student Sexual Harassment Charges Effectively
When facing criminal charges related to sexual harassment in Pennsylvania, numerous local attorneys are available for defense. However, college students often encounter the dual challenge of criminal charges and school disciplinary actions, a complexity that many defense attorneys are not equipped to handle. The optimal choice is to seek a criminal defense attorney experienced in Pennsylvania courts, Title IX regulations, and the disciplinary procedures of Pennsylvania's educational institutions.
The LLF Law Firm Team excels in both Pennsylvania criminal defense and student advocacy, with a proven record of aiding students in both legal and institutional settings. We maintain up-to-date knowledge of evolving Title IX regulations to safeguard our clients' rights in this dynamic area.
For students facing criminal charges, our Criminal Defense Team will:
- Examine the specifics of your case to develop a robust defense strategy.
- File pre-trial motions including those to dismiss charges, suppress evidence or statements, or uphold your constitutional rights.
- Engage with prosecutors to explore reduced charges or alternative sentencing.
- Provide courtroom defense, challenging evidence, cross-examining witnesses, and presenting your case effectively.
For students dealing with Title IX or school disciplinary proceedings due to sexual harassment allegations, our Student Defense Team helps in the following ways:
- Negotiating favorable outcomes on your behalf.
- Facilitating informal mediation processes with your institution.
- Reviewing and responding to allegations while assessing evidence.
- Ensuring the university follows its protocols and respects your rights.
- Accompanying you to hearings and advocating on your behalf where allowed.
- Securing full disclosure of evidence and details of allegations.
- Acting as your advisor during hearings, questioning witnesses and presenting evidence.
- Exercising your right to appeal and documenting any procedural or legal errors during proceedings.
Don't risk your future by fighting sexual harassment allegations alone, whether you're fighting in court or in a student disciplinary hearing. Contact the LLF Law Firm Criminal Defense Team today at 888-535-3686, or fill out our online form.
