TITLE IX VS CRIMINAL PROCEDURES Lawyers

Title IX vs Criminal Procedures for Lawyers

Today we’re going to chat about the differences between Title IX investigations and criminal proceedings. This stuff can get confusing, so I’ll try to break it down nice and simple.

First up – what exactly is Title IX? I’m sure you know it as the law that says schools have to have women’s sports teams. But Title IX covers all kinds of discrimination based on gender at schools that get federal money. This includes sexual harassment and violence.

The Title IX Process

When a school learns about possible sexual discrimination or violence, they have to investigate. The school needs to stop any discrimination or attacks, make the campus safe again, and try to fix any damage from the incidents [2].

The school does the investigation and makes a decision on whether the accused student violated Title IX or not. If they did, the school gives them punishment like suspension or expulsion. The accused only faces discipline from the school, not criminal charges [3].

Comparing Title IX and Criminal Cases

There are some big differences between Title IX proceedings and criminal cases. Let’s go through them:

• In Title IX cases, the school investigates and hands out discipline. Criminal cases go through the court system with police, prosecutors, judges, and juries.
• Title IX only covers sexual discrimination at schools. Criminal law covers all kinds of sexual crimes.
• The worst punishment in Title IX is getting expelled. Criminal convictions can lead to fines, probation, or jail time.
• Title IX uses a “preponderance of the evidence” standard. Criminal cases require “beyond a reasonable doubt.
• Title IX proceedings are often more informal. Criminal cases follow strict rules and procedures [1].
• In Title IX cases, students don’t always get lawyers. Defendants in criminal cases have a right to an attorney [2].
• Students must participate in Title IX proceedings or get punished. Defendants can plead the Fifth to avoid self-incrimination in criminal cases [2].
• Both parties can appeal Title IX decisions. Only defendants can appeal guilty verdicts in criminal cases [1].

There are more differences, but these are some of the big ones. The different standards and procedures change how lawyers approach these cases.

Title IX Cases Can Lead to Criminal Charges

Here’s something important to understand – even if a Title IX complaint doesn’t lead to criminal prosecution right away, it still might later.

Schools have to report all sexual violence complaints to police. Even if the police don’t have enough evidence to prosecute at first, a Title IX investigation might uncover more information and witnesses. This new evidence could give the police what they need to build a criminal case down the road [5].

So the accused could end up facing criminal charges for the same incident that got them disciplined under Title IX. Some examples of Title IX violations that could also lead to criminal prosecution [6]:

• Sexual assault
• Rape
• Domestic violence
• Dating violence
• Stalking

There can also be Title IX and criminal investigations running at the same time. This is something for lawyers to watch out for.

Advice for Lawyers

Okay, let’s wrap this up with some quick tips for lawyers on Title IX cases:

• Know the differences between Title IX and criminal proceedings. Don’t assume the rules are the same.
• Be prepared for Title IX cases to go criminal if there’s enough evidence.
• Work closely with your client throughout the Title IX process. Don’t wait for criminal charges.
• Advise clients to get legal representation for Title IX cases whenever possible.
• Pay attention to deadlines and procedures in Title IX investigations.
• Think strategically about how Title IX and criminal cases impact each other.
• Help clients understand the stakes of these cases and their options.