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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 111539
Experience:  20+ Years of Employment Law Experience
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I was charged with violating Title V act in California

Customer Question

I was charged with violating Title V act in California University executive order 1080
subsection 7(Conduct that threatens or endangers the health or saftey of any person within or related to the Uiversity community, including physical abuse, threats, intimation, harrassment, or sexual misconduct)
16(Violation of any published university policy, rule, regulation or presidential order)
18(Any act chargeable as a violation of a federal, state, or local law that poses a substantial threat to the safety or well being of members of the university community, to property within the university community or poses a significan threat to disruption or interference with university operations. )
As far as I'm concern, the university started this matter as a sexual harassment investigation claiming that I had posted pictures of a student on a website. I don't understand why they are even involved considering if it wasn't conducted on the campus and why I was charged with so much if it's only one action.
Now they are offering me to accept suspension to avoid further disciplinary and resolve the matter. I'm not sure if there will be any consequences to this. Also, Would the accuser try to file claims or reports outside of the school? I don't understand why he/she just can't settle matters with me if the claims were that accurate.
I am a little worry. Is sexual harassment/online a civil or crime? Should I expect anything soon? This has occurred a year ago according to their reports. How can I combat this or protect myself. As far as I'm concerned, there is absolutely no physical contact with anyone nor is there any verbal threats that will endanger or harm any individual.
Submitted: 1 year ago.
Category: Employment Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Sexual harassment is a civil matter. Violation of the Act is also a civil matter. Even where conduct occurs away from school, conduct involving students and/or faculty even online away from school is a matter that can impact safety of the school and students/faculty, which gives the school the right to step in and take action.
You need to get an attorney to represent you in the hearing and investigation with the school to increase your chances of success in this matter and to make sure the facts get presented in an impartial and detached manner to the school to seek to clear you of these claims against you.
Customer: replied 1 year ago.
What if u can't clear the matter and must accept suspension to avoid further disciplinary? Will I to jail? If I own no assets, should I worry for any case?
Customer: replied 1 year ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
It is a civil matter, you do not go to jail for a civil matter. You could be sued in court by the alleged victim for damages, but if they did not sue you already it is unlikely they will. If you are not sued in civil court, then there would be no money damage against you and all you would have is your job suspension or termination.
Customer: replied 1 year ago.
I am just wondering since i do not have the money for an attorney. I am assuming that the subsections of the violation is "either or" and does not include all since the claim sounds like a misdemeanor.
I have read some online laws that placed online stalk or harassment as crime level so I was worried but it was general and does not pertain specifically to my state.
There are cases where civil claims could take a while to file and approve? But i am guessing that something as significant would have already pulled through without school affairs let alone being a crime.
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
Stalking and harassment can be a criminal offense, but you stated they are pursuing you for violations of Title V, which is a civil violation. If they have not filed criminal charges against you when this all happened, it is likely too late now.
Customer: replied 1 year ago.
What is the difference between harassment and sexual harassment then? Under what conditions would harassment be crime?Is it possible the victim can use university charges against me in the future for crime or are title V charges separate civil affairs of its own? It is likely this person is no longer attending the campus any longer so I'm not sure what benefits would there be for him or her.
Expert:  Law Educator, Esq. replied 1 year ago.
Harassment is the criminal offense of conduct that serves no purpose other than to annoy the other party.
Sexual harassment occurs in the workplace between employer/employee and it is conduct towards a person based solely on their sex.
Harassment charges have to be filed within 12 months of the incident if they are pursuing criminal charges under the statute of limitations.
Customer: replied 1 year ago.
How long would the charges filed take in order to come into effect? How much would it cost them?
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
If they did not file charges in 12 months from when this incident first happened, it is TOO LATE for them to file them now. It costs them nothing to file charges.
You are being pursued for ADMINISTRATIVE VIOLATIONS right now, not criminal and you are not being sued. They are trying to take JOB ACTION against you and that is all that is going on and you really need to spend the money to get a local attorney to defend you with the employer to put an end to this, because if you do not do so it is going to cost you 3-5 times the money you would spend now for a lawyer if you end up having to sue the school in court to try to get your job back if they fire you.
Customer: replied 1 year ago.
I am a student and not employed as an employee. How would the consequences weigh differently if I waive my hearing rights and accept suspension?
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
If you are a student and not an employee, then this is a violation of school policy and the act, an administrative violation. They could dismiss you from the school, but no criminal charges. You need to negotiate over the suspension and ask for a letter of warning instead, explaining nothing ever happened and the person is no longer at the school. Again, you need to negotiate with them.

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