Being accused of Criminal Sexual Conduct (CSC) while attending college is one of the most serious and life-altering events a student can experience. These cases often begin with a misunderstanding or a report after a social event—and they can quickly escalate into both university disciplinary proceedings and criminal investigations.
In Minnesota, colleges are legally required to investigate sexual misconduct under Title IX, while local law enforcement may pursue Criminal Sexual Conduct charges under state law. This means a single allegation can lead to two simultaneous and independent processes—with very different standards, procedures, and consequences.
The Overlap Between Title IX and Minnesota Criminal Law
When a sexual misconduct report occurs on a college campus, two separate systems may become involved:
- Campus Title IX Investigation – A university-led administrative process that determines whether a student violated school policy.
- Criminal Sexual Conduct Investigation – A law enforcement process governed by Minn. Stat. §§ 609.341–609.3458 that can result in criminal charges, prosecution, and potential prison time.
A student may be found responsible under Title IX rules even if they are never charged—or are acquitted—in criminal court, because the standards of proof differ:
- Title IX: “Preponderance of the evidence” (more likely than not).
- Criminal Court: “Beyond a reasonable doubt.”
Because these systems operate separately, an attorney experienced in both campus defense and Minnesota sex crime law is critical.
How Minnesota Law Defines Criminal Sexual Conduct
Minnesota’s CSC statutes divide sex offenses into five degrees, depending on the nature of the act, the ages involved, and whether force, coercion, or incapacitation was present.
Under Minn. Stat. § 609.341, subd. 4, consent means a freely given, present agreement to a specific sexual act. A person cannot consent if they are:
- Under 13 years old.
- 13–15 years old and the other person is significantly older.
- Under the influence of drugs or alcohol to the point of incapacitation.
- Asleep, unconscious, or otherwise physically helpless.
- Coerced, threatened, or under authority of the other person (coach, RA, TA, etc.).
Many campus cases hinge on intoxication or mixed signals about consent. Even without physical evidence, prosecutors can charge CSC based on statements, text messages, or witness accounts.
Common Scenarios That Lead to Campus CSC Allegations
1. Parties and Alcohol
Most college sexual assault cases involve alcohol or drugs. When either party is intoxicated, consent becomes complicated. A student may believe there was mutual consent, while the other party later claims they were too impaired to agree.
2. Dorm Room Encounters
Private encounters in dorms or shared apartments can quickly turn into investigations when stories differ about what happened behind closed doors.
3. Texts and Social Media
After an encounter, messages exchanged between the students may later be used to argue either consent or coercion. Screenshots and DMs often become central pieces of evidence.
4. Delayed Reporting
Some complaints arise days, weeks, or even months later. While delayed reporting is common, it often leads to evidentiary challenges and conflicting memories.
5. Accusations After Breakups or Conflicts
Sometimes allegations arise after relationships end or after other disputes (social, romantic, or academic) between students.
Each case has its own dynamics, and determining what happened requires careful investigation, not assumptions.
The Campus Investigation Process Under Title IX
Every Minnesota college and university that receives federal funding must follow Title IX when handling sexual misconduct allegations.
1. Filing a Complaint
The process typically begins when a student, staff member, or third party reports alleged sexual misconduct to the school’s Title IX coordinator.
2. Initial Assessment
The coordinator determines whether the allegation falls under Title IX or another school policy, and whether to proceed with an investigation.
3. Notice and Investigation
If an investigation moves forward, both parties receive written notice. Investigators may collect statements, texts, emails, and witness testimony.
4. Hearing or Decision
After the investigation, the school holds a hearing or administrative review to determine responsibility.
5. Sanctions
If found responsible, sanctions may include:
- Suspension or expulsion.
- Loss of scholarships or campus housing.
- Restriction from classes or activities.
- Notation on academic transcripts.
6. Appeal Rights
Both parties typically have the right to appeal within the university system.
Even though Title IX is a civil process, the findings can significantly impact a student’s education and future career.
How a Campus Investigation Differs from a Criminal Case
| Feature | Campus Title IX Case | Criminal CSC Case |
| Authority | School or university | Police & prosecutors |
| Law | Title IX & campus code | Minnesota Statutes §§ 609.341–609.3458 |
| Standard of Proof | Preponderance of evidence | Beyond a reasonable doubt |
| Outcome | Disciplinary sanctions | Jail, fines, sex offender registration |
| Legal Rights | Not full constitutional rights | Full constitutional protections |
| Representation | Advisor (may be attorney) | Criminal defense attorney |
| Timeline | 60–90 days (approx.) | Months to years |
Because campus hearings lack many of the procedural safeguards found in criminal court, having an experienced attorney—even in the Title IX process—can make a significant difference.
Potential Criminal Consequences
If a campus investigation leads to a police report or if police begin their own investigation, a student may face CSC charges such as:
- Third- or fourth-degree CSC: For sexual contact or penetration involving intoxication or coercion.
- Fifth-degree CSC: For non-consensual touching or indecent exposure.
- Felony charges: If the accuser was incapacitated, underage, or the accused used force.
Penalties can include:
- Prison sentences ranging from 1 to 30 years, depending on the degree.
- Fines up to $40,000.
- Mandatory sex offender registration under Minn. Stat. § 243.166.
- Lifetime consequences for education, employment, and housing.
How Defense Attorneys Protect Students’ Rights
Facing parallel investigations requires a coordinated defense strategy. A Minneapolis sex crimes lawyer can:
- Represent you in both processes.
Ensure consistent statements and strategies between the campus and criminal proceedings. - Protect your right to remain silent.
Anything said to university investigators can be turned over to police. Your attorney helps you avoid self-incrimination. - Preserve evidence.
Secure texts, social media messages, and witnesses before they disappear. - Challenge procedural fairness.
Hold schools accountable for bias, lack of due process, or improper Title IX practices. - Negotiate resolutions.
Seek options such as voluntary withdrawal, disciplinary agreements, or dismissal of unfounded claims. - Prepare for criminal defense.
If charges are filed, your attorney will begin a full legal defense to challenge the state’s evidence.
Common Defense Strategies in Campus CSC Allegations
- Consent Defense: Showing the encounter was mutual and voluntary.
- False Allegation: Demonstrating ulterior motives such as revenge, regret, or social pressure.
- Inconsistent Statements: Pointing out discrepancies between the accuser’s campus, police, and witness statements.
- Lack of Evidence: Emphasizing absence of physical proof or reliable witnesses.
- Digital Evidence: Using texts, DMs, or videos to show friendly contact or agreement.
- Procedural Violations: Arguing that the university violated Title IX due process standards.
A defense attorney’s goal is not only to avoid criminal penalties but also to protect your academic and professional future.
How a CSC Allegation Affects a Student’s Life
Even without a conviction, the effects of a campus sexual misconduct allegation can be devastating:
- Expulsion or withdrawal from school.
- Loss of scholarships or financial aid.
- Damage to reputation among peers and faculty.
- Difficulties transferring to other colleges.
- Employment challenges, especially in licensed professions.
Because university hearings often move faster than criminal courts, it’s important to seek legal help as soon as the accusation is made.
Key Takeaways
- Minnesota colleges must investigate sexual misconduct under Title IX, separate from any Criminal Sexual Conduct case under state law.
- Students can face both school discipline and criminal prosecution for the same incident.
- Consent is defined by state law—voluntary, present, and clear—and cannot exist when someone is incapacitated or coerced.
- Campus processes lack many of the protections found in court, so legal representation is crucial from day one.
- A skilled defense attorney can protect your rights, preserve your education, and prevent long-term harm to your record and reputation.
Contact Martine Law
At Martine Law, we know how frightening and confusing it is to face a sexual assault accusation while in college. You may feel like everyone—from the school to the police—is already against you. But you still have rights.
Our attorneys are experienced in both Title IX proceedings and Minnesota Criminal Sexual Conduct defense. We help students and their families navigate these overlapping systems, protect their future, and fight for fair treatment.
If you or your child has been accused of sexual misconduct on a Minnesota campus, don’t wait to act.
Contact us today for a confidential consultation.