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Irwin Law
Irwin Law, Attorney
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Experience:  Lawyer & Real Estate Broker, 30+ years, foreclosure, land contracts, inheritance, probate.
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My son has been accused of making a sex tape at his private

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My son has been accused of making a sex tape at his private university over a year ago, and subsequently suspended from his on campus summer job pending investigation. No tape has been found, one person has come forward saying they've seen a tape. The university continues.to allow a staff member with sexual battery charges pending against him, to work on campus. They have stated to me they do not see this man as a threat to students safety while they do think my son is such a threat, despite it now being summer break and no students are on campus. I feel there is so much that is wrong with the way the university is handling this situation and wonder if I have any legal recourse. The college has also said they may have grounds to expel my son, even though they have no tape and only one person who says they have seen one.. Thank you
You say he has been suspended from his "on campus" summer job. Is he an employee and paid by the University?
Customer: replied 3 years ago.
Yes , for the summer. He is a student the the college also

Barring any provisions contained in his employment contract, if any, there is no hard and fast law that says the employer cannot suspend or even fire a worker for reasons that seem unfair. It is impossible to prove a negative, i.e. that your son didn't make the tape. But this is not a criminal offense either. Proof of the grounds for suspension is at the discretion and sole judgment of the employer. As long as the school is following its own employee rules and guidelines, they have the right to suspend employees. In summary, other than having an attorney review the schools own employee guidelines and perhaps request a hearing based on those guidelines, there would be no other legal recourse.

I hope this information is helpful and that you will enter a positive rating. I thank you for submitting your question to Pearl-Just Answer. We appreciate your business. If you need clarification or additional information, please send me a Reply and I will be happy to explain further. Please consult a local attorney to verify the accuracy of this information according to your state's laws.

Customer: replied 3 years ago.


can I assume then, that the school can also expel my son if they see fit? do I have any legal recourse against those students who have accused my son, in the absence of tangible evidence against him?

Expulsion from school would fall under a different set of rules and guidelines than the employment issue. The university must follow those rules, which most likely will have a hearing and appeal process. Any legal remedy or case against other students must be undertaken by your son, assuming he is over 18. There is little or nothing that you yourself can do in this matter as his representative.

I hope this information is helpful and that you will enter a positive rating. I thank you for submitting your question to Pearl-Just Answer. We appreciate your business. If you need clarification or additional information, please send me a Reply and I will be happy to explain further. Please consult a local attorney to verify the accuracy of this information according to your state's laws.

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