Any school that accepts federal funding is required to complete Title IX investigation if there is an accusation of sexual assault on campus. If you are the target of this investigation, you could potentially be facing both criminal charges and disciplinary measures from your school. Keep reading to find out what to expect during your investigation and then contact Law Office of Michael L. Fell to talk to a college crime attorney who can help with your case.
What Schools Do During Title IX Investigations
A Title IX Investigation will have several components. You can expect that your school is going to interview you and the person who is accusing you. They are going to question any other potential witnesses. They will review your discipline record since you have been a student, and they will look at any evidence law enforcement has obtained.
The Goal of Title IX Investigations
There are three main goals of a Title IX investigations. First, they will be looking to determine if the alleged sexual assault did not place. If they determine that it did not, then the investigation should end. If they determine that it did take place then the second step is to determine how to punish the accused. Finally, they will look for ways to prevent future events from taking place.
Title IX and Criminal Investigations Are Independent
Your Title IX investigation is not going to be a criminal proceeding. As a result, the school does not have to provide you with the same rights you have in a criminal court. The school is required to give you due process, which means that you must be notified of what you are accused of and given the chance to respond. However, the evidence obtained and used against you for these proceedings does not have to meet the same standards that evidence does in criminal proceedings.
The Title IX investigation may include a hearing but one is not guaranteed. The law is very flexible in how schools structure these investigative procedures, but one thing is true: The accused and the accuser have the same rights under Title IX.
Your School is Not Likely to Wait for the Outcome of Any Criminal Proceedings
In most cases, schools want to get these cases taken care of as quickly as possible. For this reason, they generally will not wait for the criminal case to have completed its course. That said, the Title IX investigation may not interfere with the criminal case.
Do Not Gamble with Your Future: Get Help from an Attorney
You do not have to face these accusations alone – and in fact you shouldn’t. All it takes is one call to Law Office of Michael L. Fell at (949) 585-9055 to get a free legal consultation. We will stand by you through your school’s investigation as well as any criminal proceedings. Call us now to begin the process.