If you are facing accusations of violating Title IX for allegedly being involved in sexual misconduct on campus, you must know that you may also face criminal charges for the same misconduct. Because of this, your case can become somewhat complicated and you need an education lawyer in Texas to help you navigate through both processes.
Parallel Investigations
Criminal investigations and Title IX proceedings may take place in parallel. Indeed, colleges and universities are encouraged to continue with their proceedings amid a criminal investigation. Navigating parallel investigations can be quite challenging because they demand various procedures, include different penalties, and require varying legal strategies that must be overcome.
Managing Title IX Proceedings Carefully
Prosecutors can use the statements a defendant makes during Title IX proceedings as evidence. Thus, the accused student must navigate both proceedings carefully. For instance, if they make some disclosures regarding their location on a certain night in the proceeding, the prosecutors may use this information against the student as they formulate their case. Thus, the accused must work with a lawyer who can give guidance on the statements they can and cannot make in their Title IX proceeding.
Liabilities are Separate
If the accused is found guilty of violating Title IX, this doesn’t mean they are automatically guilty in court. To be found guilty in criminal proceedings, the defendant must be guilty beyond a reasonable doubt. Meanwhile, a lot of schools may not always require a preponderance of the evidence.
The best defense attorney has represented a range of clients including people accused of sexual misconduct on campus. They know the unique concerns and challenges the accused face and work tirelessly for them.
The Right to a Lawyer and Advisor
Sometimes, a Title IX proceeding occurs along with a related criminal investigation, making the situation more complex for the accused. Also, it can pose extra issues when not managed properly and carefully. During the Title IX investigation, schools need to let either party have an advisor help them. This advisor can be a lawyer. Also, the school should offer the respondents, advisors, and complainants the evidence it collected and give every party a certain number of days to examine and respond to this evidence. In addition, administrators should give a report that summarizes the evidence to the advisors and both parties involved. Through the advisors, both the accuser and the accused can cross-examine their witnesses at Title IX hearings.