How to Fight College Sexual Assault Charges in Indiana

TL;DR: If you are facing college sexual assault charges in Indiana, you are almost certainly dealing with two separate processes at the same time: a campus investigation governed by Title IX of the Education Amendments of 1972 (20 U.S.C. § 1681), and the possibility of criminal charges under Indiana Code 35-42-4-1 (rape) or Indiana Code 35-42-4-8 (sexual battery). Each track carries its own consequences — expulsion, permanent academic records, professional licensing barriers, and potential prison time — and each requires a distinct legal strategy. The stakes are too high to navigate alone. Retaining a college sexual misconduct lawyer in Indiana who understands both campus proceedings and criminal law is the most important step you can take right now.

Two Processes, One Crisis — What Happens After a Complaint Is Filed

Most students who receive notice of a sexual assault complaint assume one of two things: either the university will handle it quietly and move on, or they will have their day in court and the truth will come out. Neither assumption reflects how college sexual assault charges in Indiana actually work.

The moment a complaint lands with a school’s Title IX office, two separate clocks start running. The university opens its own investigation — completely independent of law enforcement — and may impose interim measures immediately, such as removing a respondent from campus housing or restricting their access to classes. At the same time, depending on the nature of the allegations, local law enforcement may open a parallel criminal investigation. These two processes do not wait for each other, do not share the same rules of evidence, and do not produce the same outcomes. But what happens in one absolutely can affect the other.

For a college student, the combined weight of campus sexual misconduct defense in Indiana and a potential criminal prosecution is genuinely overwhelming. The decisions made in the first days after a complaint — who you talk to, what you write down, whether you speak to investigators — can shape the outcome of both proceedings. That is why hiring an Indiana criminal defense lawyer who also has experience navigating Title IX investigations is so important. If you or your child is facing these allegations, contact Keffer Hirschauer LLP today at 317-648-9560 to speak with an experienced defense attorney who can protect your rights in both the campus and criminal arenas.

The Dual-Track Problem: How Campus and Criminal Cases Interact

Here is the core thing to understand: your university and the criminal justice system are not on the same team, and they are not bound by the same rules. The university’s job is to enforce its own policies and comply with federal law. The prosecutor’s job is to enforce Indiana’s criminal statutes. Both can act against you, and neither one waits for the other to finish.

This creates a serious danger for respondents who are not represented by counsel. During a campus Title IX investigation, a respondent is typically asked to give a written statement, sit for an interview with an investigator, and appear at a live hearing. Every word spoken or written in that campus process could theoretically surface in a criminal proceeding. Prosecutors have used statements made in university hearings as evidence in criminal trials. Admissions, inconsistencies, and even the questions a respondent asks during cross-examination can all become part of the criminal record.

At the same time, the campus proceeding will not stop just because criminal charges are pending. Universities operate on their own timelines and their own evidentiary standards. A respondent can be expelled while a criminal case is still being investigated — and a criminal acquittal does not automatically overturn a campus finding of responsibility.

Coordinating strategy across both tracks is one of the most critical functions a college sexual misconduct lawyer in Indiana performs. An attorney who handles only campus cases or only criminal defense is not equipped to navigate this overlap. You need someone who understands both.

The Campus Track: How Indiana Title IX Sexual Assault Defense Works

Title IX is a federal law that prohibits sex discrimination at any school that receives federal funding — which includes virtually every college and university in Indiana. When a complaint involves sexual assault, sexual harassment, dating violence, domestic violence, or stalking, the school is required to follow a formal grievance process under Title IX’s regulations.

Think of the campus process as a mini-trial with its own rules. Under the U.S. Department of Education’s 2020 Title IX regulations — which, as the firm’s 2024 Title IX update explains, continue to shape how Indiana schools conduct these proceedings — respondents have several important rights. Understanding each one is the foundation of any Indiana Title IX sexual assault defense.

• Presumption of non-responsibility: The school must treat you as not responsible until the process concludes. This is similar to the presumption of innocence in criminal court — but it only holds if you and your attorney actively enforce it at every stage.
• Written notice of the allegations: Before investigators can interview you, the school must provide a written description of the specific conduct alleged, the policies implicated, and your rights in the process. Do not respond to this notice without first speaking with an attorney.
• Access to the investigation file: Both parties have the right to review all evidence gathered — including evidence that may not be used in the final report. This is one of the most valuable parts of the process for a respondent’s defense team, because it provides an early look at the strength and weaknesses of the complainant’s account.
• A live hearing with cross-examination: At post-secondary schools, Title IX requires a live hearing before a decision-maker who was not involved in the investigation. Your attorney — acting as your advisor — can submit questions to be asked of the complainant and other witnesses. This is where the case is often won or lost, and it is also where an unprepared respondent can do serious damage to their own defense.
• A written decision with reasoning: The hearing panel must produce a written determination explaining exactly what it found, why it found it, and what sanctions it is imposing. This document is essential for any appeal.

At Indiana’s major universities — including Indiana University, Purdue University, Ball State, Butler, and Notre Dame — the specific procedures vary, but the federal framework applies across all of them. The firm’s detailed post on the Indiana University sexual misconduct policy walks through how one of the state’s largest institutions puts these rules into practice, and the firm’s Title IX investigative processes page covers what to expect from start to finish.

For public universities in Indiana, additional procedural protections exist under Indiana Code 21-39-2, which guarantees students at state educational institutions the right to notice and an opportunity to be heard before any disciplinary action is taken. These constitutional due process requirements give respondents at public schools an additional legal foundation for challenging procedural missteps.

The Criminal Track: What Indiana Law Says About Sexual Assault

Campus proceedings and criminal prosecutions use completely different language and completely different standards — but they are describing the same events. Here is how Indiana’s criminal statutes define the conduct that most often underlies college sexual assault charges in Indiana.

• Rape — Indiana Code 35-42-4-1: Rape occurs when a person knowingly or intentionally has sexual intercourse or performs or submits to other sexual conduct with another person who is compelled by force or imminent threat of force, or who is unaware that sexual intercourse or other sexual conduct is occurring, or who is so mentally disabled or deficient that consent cannot be given. Rape is a Level 3 felony, carrying a sentencing range of three to sixteen years. If the offense involves serious bodily injury, a deadly weapon, or other aggravating factors, it escalates to a Level 1 felony — the most serious non-murder charge in Indiana, with a sentencing range of twenty to forty years.
• Sexual battery — Indiana Code 35-42-4-8: This statute defines sexual battery as touching another person’s genitals, buttocks, or female breast when that person is compelled by force or threat, or is unaware of the touching, or is so mentally disabled that consent is not possible — and the touching is done for the purpose of sexual arousal or gratification. Sexual battery is a Level 6 felony, which, under the Indiana Sentencing Guidelines, carries the possibility of six months to two and a half years incarceration.
• Stalking — Indiana Code 35-45-10-5: When a complaint also involves a pattern of unwanted contact — texts, showing up at someone’s residence, repeated communication — this statute may apply. Stalking is a Level 6 felony, elevated to a Level 5 felony when a protective order is in effect. The firm’s post on Indiana stalking laws covers this in detail.

A criminal conviction for any of these offenses carries consequences that extend well beyond prison time. Under Indiana’s sex offender registration laws, a conviction can result in mandatory registration as a sex offender — a status that restricts where a person can live, work, and travel for years or decades. The firm’s overview of Indiana sex offender registration explains exactly what that process entails.

Criminal charges and campus charges are legally separate, but in the real world they are deeply connected. A student facing sexual assault allegations at Indiana universities who has not retained counsel with criminal defense experience is navigating one of the most dangerous legal situations a young person can face — without a map.

How to Actually Fight College Sexual Assault Charges in Indiana

Fighting college sexual assault charges in Indiana is not about finding loopholes. It is about ensuring that the facts are examined completely and fairly — in a process that, without proper advocacy, can produce unjust outcomes even when the evidence does not support a finding of responsibility. Here is what an effective defense actually looks like.

Start before you say anything. The most common and most damaging mistake respondents make is talking — to the investigator, to the complainant, to mutual friends, in text messages — before they have spoken to an attorney. In both the campus process and the criminal process, anything you say can be used against you. The right to remain silent does not disappear in a university investigation; it just has to be exercised consciously, because no one is going to read you your Miranda rights before a Title IX interview.

Challenge the investigation process itself. Universities are required to follow specific Title IX processes under their own policies and under Title IX’s regulations. Investigators must be impartial. Both parties must receive equal access to evidence and equal opportunity to respond. Timelines must be followed. When schools cut corners — and they sometimes do — those procedural violations become grounds for challenging the outcome. An attorney reviewing the investigation file early can identify these issues before the hearing, not after a finding of responsibility has already been issued.

Analyze the evidence carefully. Digital communications — text messages, social media, dating app exchanges, emails — often tell a story that is very different from the one in the formal complaint. Witness accounts frequently contain inconsistencies when examined closely. Surveillance footage, phone location data, and other electronic evidence can corroborate a respondent’s version of events. A thorough review of all available evidence before the hearing is not optional; it is the foundation of effective campus sexual misconduct defense in Indiana.

Exercise cross-examination strategically. The right to cross-examine the complainant through an advisor at the live hearing is one of the most powerful tools a respondent has — and one of the most easily wasted. Effective cross-examination in a Title IX hearing is not aggressive confrontation. It is precise, methodical questioning designed to expose inconsistencies and gaps in the complainant’s account without alienating the hearing panel. This requires preparation, skill, and a thorough understanding of the specific facts in the case. It also requires an attorney, because under Title IX regulations, only the advisor — not the respondent — may conduct cross-examination.

Protect yourself from self-incrimination across both tracks. If criminal charges are possible — and in any case involving allegations of rape or sexual battery, they are — every statement made in the campus proceeding needs to be evaluated for its potential impact on the criminal case. This does not mean lying or being evasive. It means being thoughtful about timing, framing, and the legal implications of disclosures made in a campus forum that has no Fifth Amendment protections. An attorney who handles both Indiana sex crimes defense and Indiana Title IX sexual assault defense can help a respondent navigate this tension without sacrificing either defense.

Understand the standard of proof — and use it. Campus proceedings do not use the “beyond a reasonable doubt” standard of criminal courts. Most Indiana universities apply a “preponderance of the evidence” standard — meaning the decision-maker finds the alleged conduct more likely than not to have occurred (essentially, more than 50% likely). That is a lower bar than criminal court, but it is still a bar. When the evidence is contested, genuinely ambiguous, or incomplete, the preponderance standard should not favor a finding of responsibility. A skilled Title IX attorney in Indiana can frame the evidence — and its gaps — to make clear that the standard has not been met.

Build the appeal record from day one. Most Title IX appeals are limited to narrow grounds: procedural error, newly discovered evidence, or a sanction that is disproportionate to the conduct found. The best time to preserve appellate issues is during the underlying proceedings — not after the fact. An attorney who understands Indiana’s criminal appeals process and campus appeal procedures can build a record throughout the case that gives the appeal the strongest possible foundation.

What a Finding of Responsibility — or a Conviction — Actually Costs

It is worth being direct about the consequences, because students and parents who have never dealt with the legal system sometimes underestimate just how permanent these outcomes can be.

On the campus side, a finding of responsibility for sexual assault almost always results in suspension or expulsion. Many Indiana universities place a permanent notation on the transcript. That notation follows a student to every graduate school application, every professional school application, and every employer background check — for the rest of their life. Financial aid, including federal student aid, can be lost immediately upon expulsion, and some institutions pursue repayment of prior aid.

On the professional licensing side, the consequences can be just as severe. Under Indiana Code Title 25, virtually every licensed profession in Indiana — medicine, nursing, dentistry, law, pharmacy, social work, physical therapy, engineering — requires applicants to disclose prior disciplinary history. A campus finding of responsibility for sexual misconduct can trigger a licensing board investigation, delay or denial of a license, or revocation of a license already held. The firm’s work in nursing license defense, physician license defense, and broader professional license defense in Indiana reflects how often these matters intersect.

On the criminal side, a conviction for rape or sexual battery means a felony record, potential prison time, and mandatory sex offender registration. For students who are not U.S. citizens, a felony conviction can also trigger immigration consequences including deportation. The firm’s overview of collateral consequences in Indiana outlines how far-reaching these effects can be.

Unlike a criminal conviction, where an expungement attorney in Indiana may eventually be able to clear the record under the right circumstances, an adverse campus finding is typically a permanent institutional record. There is no expungement process for university disciplinary history. That is why fighting effectively from the start — rather than hoping to fix things later — is the only realistic approach to sexual assault allegations at Indiana universities.

Why Hire Keffer Hirschauer LLP for College Sexual Assault Charges in Indiana

Most attorneys handle one side of this problem. They know criminal defense, or they know campus proceedings — but not both. That gap creates real risk for students who are navigating college sexual assault charges in Indiana, because the two tracks are too closely connected for a siloed approach to work.

The attorneys at Keffer Hirschauer LLP bring experience across both domains. The firm’s criminal defense practice includes extensive work in Indiana sex crimes defense, including rape, sexual battery, and related charges — and the firm’s Title IX practice covers respondent representation at Indiana’s major universities, from the investigation stage through hearings and appeals. When a student’s campus case and criminal case are unfolding simultaneously, having one legal team that understands both produces a coordinated strategy — rather than two attorneys working at cross-purposes.

The firm also understands what is at stake beyond the immediate proceedings. Students who are pre-med, pre-law, in nursing programs, or pursuing any other licensed profession face a second wave of consequences if a campus or criminal matter is not handled properly from the start. The firm’s professional licensing defense practice means attorneys can advise respondents not just on winning the campus hearing, but on protecting the professional future that education is supposed to make possible.

Representation in Indiana student sex crime defense and campus sexual misconduct defense in Indiana begins the moment a client walks in the door — not after the investigation has already concluded. Early intervention is the single greatest advantage a respondent can have. Once statements have been made, evidence has been conceded, and the investigation file has taken shape, the attorney’s job becomes significantly harder.

If you or someone you care about has received notice of a complaint — even a preliminary, informal notice — the time to act is now. Contact us today at 317-648-9560 to discuss your case or complete our online contact form to schedule a consultation.