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Case Result

Student Misconduct Allegations of Rape: Dismissed.

Student Misconduct Allegations of Rape: Dismissed.

A male college student was the focus of a student misconduct investigation after his former paramour accused him of rape. The two students were classmates. They met on campus during their freshman year. They dated unsuccessfully for a short time and then settled into a friendship. Their brief romance during freshman year was not sexual. The two remained friends during sophomore year and dated other people.

At the beginning of their junior year, the two friends reconnected after being assigned to live in the same dormitory. Soon after classes began, the friends resumed their prior romance, but this time around it was sexual. The couple engaged in various forms of sexual contact and intercourse on a number of occasions over several months. During their last tryst, the couple agreed to engage in unprotected sexual intercourse. They both suffered regret from this decision and shared anxiety over the risk and possibility of an unwanted pregnancy. As they struggled with their respective fears, the romance cooled and their friendship grew distant.

Time passed and the male student moved on in his life, to include other romantic interests. Not long thereafter he received word from university representatives that he was under investigation for rape. In order to protect himself during this process, the student and his family retained Student Misconduct Defense Attorney John L. Calcagni III. Attorney Calcagni met with his new client, assessed the situation and began to develop a defense.

The first step was to shield his client from any potential criminal liability. Once the local police confirmed that the student was not under investigation or suspicion for sexual misconduct or other criminal offenses, Attorney Calcagni shifted his focus to the student misconduct investigation. The university sought to expedite this process, but Attorney Calcagni successfully slowed it down in order to ascertain his client’s version of the facts, gather corroborating evidence, and develop a defense.

Once these tasks were complete, Attorney Calcagni worked with his client to submit a written statement in connection with the investigation, and thereafter, accompanied him to a follow-up interview with university investigators. The female alleged that the rape occurred at the beginning of the fall semester of their junior year, and thereafter, engaged in an ongoing consensual sexual relationship with him for months.

The Defense shed bright lights on this history, which they supported with detailed facts, information and text message history between the former lovers. Based on Attorney Calcagni’s executed strategy, the university ultimately concluded there was insufficient evidence to substantiate any violations of the Student Code of Conduct by his client. This matter was then closed or dismissed with no further action or adverse consequence to the male student.