Concurrent College Park Criminal Investigations and Title IX

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It is not unusual for Title IX complaints to center around relatively minor, non-criminal accusations. These cases should be treated seriously, but they routinely result in more than written warnings or restrictions on extra-curricular activities.

In some cases, these accusations can be very serious. If the complaint alleges some form of sexual assault or misconduct, the potential consequences from a Title IX hearing could be much higher.

While the risk of suspension or expulsion from school is significant, these serious accusations could also bring criminal charges. The risk of jail time and significant fines can take precedence over potential academic discipline for some people. The reality is that these systems of discipline are not exclusive. It is possible to face concurrent College Park criminal investigations and Title IX hearings. If you find yourself facing both forms of discipline, do not hesitate to contact an experienced attorney.

When Criminal and Title IX Investigations Overlap

There is nothing in Title IX or the Maryland Criminal Code that would prevent a criminal investigation and a Title IX case from proceeding simultaneously. In fact, Title IX was designed to require schools to discipline students that commit sex-based crimes like harassment or assault.

The fact that these crimes occurred on a college campus does not impact a prosecutor’s ability to bring criminal charges. In fact, Title IX requires colleges and universities to report alleged criminal acts to the appropriate authorities. When this happens, it is not unusual for a Title IX case to proceed in parallel to a criminal investigation.

When a school reports allegations of criminal activity to law enforcement, they do not give up their ability to pursue a Title IX action. Given the pace of criminal trials, it is not uncommon for a Title IX hearing to be scheduled long before a criminal case will be set for trial. It is important for a person facing both types of discipline to discuss their options with an attorney. In some situations, appearing at a Title IX hearing and giving testimony could be harmful to a criminal case. An attorney could advise a student on how best to proceed in both cases.

Criminal Penalties vs. Title IX Sanctions

The potential penalties in a criminal case are vastly different from those in Title IX actions. The disciplinary board at a college or university is limited to taking actions against a student within the academic setting. This can involve suspension, expulsion, limitations on extra-curricular activities, and requiring a student to move housing.

The criminal consequences are typically much steeper. If a student faces prosecution in a criminal court, a conviction could result in jail time. For serious offenses like sexual assault, the length of the prison sentence could be extreme. In addition to incarceration, a person could also face high fines and potential placement on the sex offender’s registry.

Let an Attorney Help with Concurrent Criminal and Title IX Investigations

If you are facing charges from criminal prosecutors and a disciplinary board at your college or university, a dedicated attorney could help you defend yourself on both fronts.

Taking on these cases can be stressful, and success is never guaranteed. Fighting back against these allegations could give you an opportunity to clear your name and avoid any severe consequences. The right Title IX attorney could help you pursue a favorable outcome in both cases.  Call now.

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