Anyone who knows current or recent college students should also ask them if they have ever heard SA allegations/rumors about fellow students who were never publicly called out or reported to the police or school. It is very common for people to tell nobody but close friends, and often, the alleged perpetrator does not face any consequences outside of being cut off by certain groups of people who hear the allegations.
To 82's point, many girls will not want to go through the ordeal of officially reporting and will only tell their friends. I think many would be surprised by the results of a poll such as his. Further, I would bet that most male college students have heard SA allegations about guys at their schools that weren't legal or even school disciplinary cases, just word of mouth from people telling/warning those close to them.
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This is what young men have faced on campus, from the article:
Because Title IX proceedings do not fall under the purview of the state or federal criminal courts, universities are not required to comply with the federal rules of evidence. Instead, educational institutions are only required to abide by general guidelines. For this reason, evidence that would normally be kept out of court, such as hearsay or rumors, could be used against someone accused of harassment or assault during a university review. This does not mean that an investigator will automatically assume the truth of any statements provided by the parties themselves or any witnesses asked to testify. Instead, the university will be tasked with using its own judgment to determine whether a witness’s statements are true or false.
Can a Witness in Title IX Investigation be Charged with Perjury for Lying?
As stated previously, universities are not required to abide by any specific rules of evidence when investigating allegations of sexual harassment or sexual violence. Unfortunately, this means that a person who lies or provides false information during an investigation does not face the same penalties that he or she would as a witness in criminal court. For example, a student who lies during an investigation cannot be found guilty of perjury unless the case officially goes to court and the student lies in court. A person could be brought up on charges, however, of lying to police officers or impeding a criminal investigation if the accusations are accompanied by an official criminal complaint.
It is also true, however, that most universities have their own policies when it comes to dishonesty. For instance, some educational institutions can take disciplinary measures against witnesses who provide false information or testimony during an investigation. These penalties vary depending on the school
code of conduct in question, but could include suspension or even expulsion. In many cases, facing these penalties is enough to deter a student from lying during an investigation into harassment or assault.
Can I be Found Responsible Even if There is No Solid Proof?
Universities are required to use a certain standard of proof when investigating allegations of sexual harassment. Under the current regulations an institution could decide to use a clear and convincing standard, which requires complainants to prove the accused’s fault with clear and convincing evidence. But most universities use the much less strict preponderance of the evidence standard, which only demands that the accuser prove that it is more likely than not that the accused is guilty of the offense. Under this standard, if an investigator believes the complainant over the accused when there are no other witnesses, this is sufficient to meet the preponderance standard and find the accused guilty.
Which of these standards is used by a university can have a significant impact on whether or not a person is found guilty of sexual harassment. Although recently proposed regulations would amend Title IX to require colleges to apply greater protections for the accused student [not accurate I believe it is both preponderance and clear and convincing], whether these regulations will be finalized still remains to be seen.
While this is not criminal expulsion from school and failure to obtain your degree causes the falsely accused real harm. How do you pay your student loans back? Try explaining the expulsion when you're applying to other schools.
