How Do Title IX Investigations Differ From Criminal Investigations?

If you’re accused of sexual misconduct in a school setting, you may face two separate investigations. One investigation is by the police, and another is by your college or university under Title IX. While these two processes may look similar on the surface, they operate under very different rules, goals, and consequences. Understanding those differences is critical if you’re trying to protect your future.

Our experienced Conway criminal defense lawyer knows how quickly these cases move and how easily students can be caught off guard. A criminal charge can easily put your freedom at risk. Additionally, a Title IX violation can derail your education and leave a permanent mark on your record. Don’t wait until you’re suspended or indicted to get legal help. Whether you’ve received a Title IX notice from your university or been contacted by police, our legal team at The Law Office of Brad C. Richardson, LLC, can help.

Criminal Investigations Are About Punishment, While Title IX Investigations Are About School Safety

A criminal investigation focuses on whether you committed a crime under state law. A Title IX investigation, on the other hand, focuses on whether you violated your school’s code of conduct or created a hostile learning environment based on sex or gender. In a criminal case, police investigate, prosecutors file charges, and guilt must be proven beyond a reasonable doubt. A conviction can mean jail time, sex offender registration, probation, and other harsh penalties.

In a Title IX proceeding, school administrators, not police, handle the investigation. The standard of proof is much lower. Most schools use a preponderance of the evidence standard, meaning it only has to be more likely than not that a violation occurred. Unfortunately, you can still be suspended, expelled, or lose your athletic scholarship, even if you don’t receive any criminal charges.

Title IX Has Its Own Rules, and They Are Not Fair

A recent update to Title IX regulations gave students facing disciplinary action the right to a live hearing, cross-examination, and access to evidence. However, many educational institutions have adopted complicated, and sometimes inconsistent, procedures when applying those rules. For instance, some schools allow student advisors to speak on behalf of the accused during Title IX hearings. Others don’t. Some likewise limit the questions that can be asked during cross-examination.

In addition, unlike in a criminal trial, there’s no judge or jury. There’s just a panel of university employees who often receive minimal legal training. You should also know that Title IX investigators are not neutral. Their job is to uphold the school’s federal obligations to prevent sex discrimination, not to protect your rights as the accused.

You Can Face Both Investigations at The Same Time

Yes. You can be under criminal investigation and Title IX investigation at the same time. What you say in one process can be used against you in the other. You may be tempted to explain yourself to a university investigator to avoid suspension; however, that same statement can later show up in court. This is why early legal counsel is essential. A Conway criminal defense attorney can guide you through both systems and help prevent one process from undermining your chances in the other.

Consult With Our Conway Criminal Defense Lawyer

Arrange your confidential case review at The Law Office of Brad C. Richardson, LLC, by calling 843-488-4321 or reaching us online. Whether you’re dealing with campus administrators, local prosecutors, or both, our Conway criminal defense attorney can help ensure your side of the story is heard, clearly and persuasively.