Legal Question in Civil Rights Law in Virginia

Dismissed from University

I am currently going through a divorce. My wifes best friend placed a charge of sexual misconduct/sexual assault against me through our university after we had seperated. We had all gone out drinking and we took the girl home upon arriving at her apartment I walked her up to her door and she grabbed me and started making out with me and fondling me we did not have sex but we did fool around. The school found me responsible of sexual misconduct and threw me out on the grounds that the girl was intoxicated at the time even though I was intoxicated as well they made it out that since I was male and had been currently married at the time I should have been responsible and stopped the encounter. I feel this is grossly unfair and discriminatory. I have spent 8 yrs in the army and was a yr and a half from graduating from college with a nursing degree so I could become a army nurse. I also have six semesters complete and have a GPA of 3.94. With this charge on my record I cannot get into another Nursing program elsewhere and If I cannot complete my ROTC obligation to the army I must go back into the army as a private for four years. Is there anything I can do legally against the school to have them expunge this from my school


Asked on 2/18/08, 5:35 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Dismissed from University

Nothing, under federal or state law of which I am aware to remedy this particular action taken by a university(not clear whether public pr private), but I would wonder as to whether there were administrative appeal processes under the university's regulations/by-laws governing student conduct which should've been fully utilized to contest this expulsion, but, perhaps, for some reason were not?

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Answered on 2/19/08, 12:44 am


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