Criminal Proceedings vs. College Park Campus Title IX Proceedings
Students accused of sexual misconduct on campus could face a school investigation, as well as a criminal one. Anyone facing allegations should understand the differences between criminal proceedings versus College Park campus Title IX proceedings.
In either situation, it is beneficial to speak with a seasoned Title IX attorney who could provide legal guidance in university and court proceedings. Working with an attorney could protect you from harsh penalties following a hearing.
Understanding Title IX Federal Law
Title IX of the Education Amendments of 1972 is a federal law that strictly prohibits colleges and other educational institutions from discriminating against students on the basis of sex. This law also requires schools to investigate sexual misconduct allegations, including complaints of harassment, assault, or stalking.
All educational institutions receiving federal funding must adhere to these regulations. A lawyer in the area could determine if a student’s school is required to conduct misconduct proceedings under Title IX law.
Campus Disciplinary Hearings for Title IX Violations
Under Title IX, college campuses must investigate allegations of sexual assault, harassment, or stalking, even if the issue was already reported to local law enforcement. Some common allegations that could lead to an investigation may include repeated sexual remarks about a classmate or the distribution of explicit photos or videos of a past partner. Campus hearings differ from criminal proceedings in which defendants enjoy certain constitutional rights.
For example, a student in a college disciplinary proceeding may not be presumed innocent unless proven guilty. Additionally, universities have no obligation to allow accused students to cross-examine the witnesses testifying against them. Consequently, students may be found guilty based on very little evidence compared to the standards in criminal proceedings.
If the disciplinary board decides the allegations against a student are true, they could face suspension, expulsion, or other punishments. For those accused of sexual misconduct, it is important to consult a student defense lawyer familiar with both criminal and campus Title IX proceedings.
Criminal Proceedings in College Park
Sexual misconduct allegations at college could also result in criminal charges. In the event of prosecution, students are guaranteed certain due process rights by the U.S. Constitution. Some of the rights afforded to defendants in criminal proceedings include:
- Presumption of innocence until proven guilty
- Right to representation by legal counsel
- Protection against unlawful search and seizure
- Right to a fair and speedy trial by an impartial jury
- Right to call or cross-examine witnesses
- Right to present evidence
These due process rights are meant to protect defendants from unfair prosecution during criminal proceedings. Whereas weak evidence in a criminal case might lead to the charges being dropped or an acquittal.
A student found guilty by a campus disciplinary committee could still escape conviction in a criminal proceeding. An attorney who handles Title IX cases could represent students in criminal proceedings that follow a campus hearing.
Talk to an Attorney About the Differences Between Criminal and Campus Title IX Proceedings in College Park
The consequences of a guilty verdict in either criminal or campus proceedings can adversely affect your college career. Protect your future by consulting an attorney immediately.
Call our office today to speak with a lawyer about the differences between criminal proceedings versus College Park campus Title IX proceedings. An attorney at our firm could help you prepare for both situations.