Criminal Investigations and the Title IX Process
Title IX By Binnall Law Group - 2021/02/26 at 03:56pm
Our Title IX Attorney Is Here For You
If you’ve been accused of sexual misconduct under Title IX, it’s worth noting that the State may also choose to pursue criminal charges against you for the same misconduct. This can complicate your case somewhat. Let’s take a closer look.
Title IX proceedings and criminal investigations may occur in parallel. In fact, universities are encouraged not to delay their proceedings, even if a criminal investigation is ongoing.
Parallel Title IX and criminal proceedings can be quite a challenge to navigate, as they each demand different procedures, involve different penalties, and require different legal strategies to overcome.
Title IX Proceedings Have to Be Managed Carefully
If you’ve been accused under Title IX and are cooperating with those proceedings, it’s important to note that you’ll have to navigate those proceedings carefully. Statements made during Title IX proceedings can be used by prosecutors (handling the parallel criminal investigation) as evidence.
For example, if you make certain disclosures about “where you were” on a particular night in the Title IX proceeding, the prosecutors in the criminal investigation may use that information against you in formulating their case. As such, it’s critical that you work with a qualified Title IX attorney who can provide guidance on what statements you should and should not be making in your Title IX proceeding.
Liability Does Not Cross Over
It’s important to understand that if you are found guilty of sexual misconduct in a Title IX proceeding, that does not necessarily mean that you will be found guilty in the related criminal proceeding.
Criminal litigation requires a higher burden of proof for guilt: “beyond a reasonable doubt,” which is roughly equivalent to a more than 99 percent likelihood of guilt. By contrast, many universities merely require a “preponderance of evidence,” which is roughly equivalent to a more than 50 percent likelihood of guilt.
As such, it’s possible to be found guilty in the Title IX proceeding, but for criminal prosecutors to lack sufficient evidence to establish guilt in formal litigation.
Contact a Title IX Attorney for Legal Assistance
Binnall Law Group is a boutique litigation firm located in Alexandria, VA. Over the decades, our attorneys have represented a wide range of clients throughout the DC metro region, including those who have been accused of sexual misconduct under Title IX. We understand the unique challenges and concerns facing those who have been accused under Title IX and are committed to working tirelessly on their behalf.
In some cases, Title IX proceedings dovetail with a related criminal investigation. This can make the situation more complex and can pose an additional problem if not managed with proper care. Here at Binnall Law Group, our attorneys have significant experience helping clients navigate the nuances of a Title IX proceeding, and are keen defense lawyers who understand how to limit the liability exposure of our clients.
If you’d like to speak to an experienced Title IX attorney at our firm, we encourage you to call us at (703) 888-1943 or send us a message online to request a consultation at your earliest convenience.