Sex Crime Allegations Involving College and University Students
An email from your school's Title IX office arrives with a notice of allegations and an interview date. If you are a California college student accused of sexual misconduct, you may face two separate cases at once: A campus disciplinary process that can end in suspension or expulsion, and a criminal investigation that can lead to charges. The campus case can move forward even if police never get involved, and what you say in one can surface in the other.
At Jill Nunley Law, .P.C., we represent students facing these accusations from our Long Beach office, whether the school is a Cal State campus, a UC, a community college, or a private university. Talk with us before you respond to a school notice or a detective's call. We’ll help protect your options in both processes.
Campus Discipline vs. Criminal Charges
Campus discipline and criminal prosecution run on separate tracks, with different decision-makers, rules, and burdens of proof. California requires public colleges, and private schools that receive state student aid funds, to decide sexual misconduct complaints under a preponderance-of-the-evidence standard, meaning the allegation only has to be more likely than not. A criminal conviction requires proof beyond a reasonable doubt.
In practice, a student can be found responsible on campus without ever being charged, and a dismissed criminal case does not end the school's process. A favorable campus outcome does not stop prosecutors from filing, either.
How California Defines Consent on Campus
California campus policies use an affirmative consent standard: agreement to sexual activity must be affirmative, conscious, and voluntary. Under Education Code section 67386, silence or lack of resistance does not constitute consent. Consent must continue throughout the encounter and can be withdrawn at any time, and a dating relationship or past sexual history never proves consent on its own.
The statute also narrows common defenses. Believing the other person agreed is no excuse if that belief came from your own intoxication or recklessness, or if you did not take reasonable steps to confirm consent. Nor is it a defense if you knew or reasonably should have known the other person was asleep, unconscious, or too impaired to understand what was happening.
Because many campus cases involve drinking and conflicting memories, these rules often decide the outcome. Criminal courts apply their own definitions of consent.
What a Campus Investigation Usually Involves
Most campus cases move from written notice to interviews, an investigative report, and often a hearing. Procedures differ among UC, CSU, community college, and private campuses, so your school's published policy controls details like deadlines and appeals.
Federal law lets both students in a campus sexual assault case bring an advisor of their choice, and that advisor can be an attorney. Before any finding, schools may impose interim measures such as no-contact orders or housing changes. Sanctions can range from probation to expulsion, with effects that may reach graduate school applications, athletic eligibility, scholarships, or student visa status.
Criminal Charges and Sex Offender Registration
Local or campus police can investigate the same allegation your school is reviewing, and the district attorney decides whether to file charges. Depending on the facts, an accusation may be charged as sexual battery, rape of an intoxicated or unconscious person, or another offense carrying possible jail or prison time.
For many convictions, the most lasting consequence is registration. California uses a tiered system in which adults must register for a minimum of 10 years, 20 years, or life, as the California Department of Justice explains in its guidance on tiered sex offender registration.
Tier one and tier two registrants can ask a court to end registration only after that minimum runs, so a plea accepted at 20 can affect jobs, housing, and travel for decades. Our criminal defense representation weighs those effects before considering any plea.
Protecting Yourself Before You Respond
You have a constitutional right to decline police questioning, and using it is not an admission. Statements in a campus interview aren't confidential like conversations with your lawyer, and they may later reach investigators.
A few steps help:
Do not contact the person who made the report, directly or through friends.
Save texts, social media messages, photos, and location or ride-share records.
Keep the allegation off social media and out of group chats.
Write down a timeline and possible witnesses while memories are fresh, and keep it for your attorney.
Protect Your Education and Your Record With Jill Nunley Law, P.C
Whether your first step is a Title IX interview or a call from a detective, the choices you make now can shape both your campus case and any criminal charges. Early guidance helps you respond to affirmative consent rules, prepare for a hearing, and avoid statements that could follow you into court.
Our Attorney Jill Nunley, founder of Jill Nunley Law, P.C., is a law professor at a California university and gives every client one-on-one attention. We can stand beside you through the campus process and defend you if charges follow.
From Long Beach, we serve clients throughout Los Angeles County, Orange County, Riverside County, and San Bernardino County. Call or text 562-900-5584 to schedule a free consultation with our Long Beach sex crime defense attorney and start planning your next steps together.
