If you are accused of sexual assault on campus at a school that accepts federal funding, you will be subject to a Title IX investigation. What does this mean to you? It means that, in addition to a potential criminal case against you, you could face discipline from your college or university.
What should you expect if you are being investigated by your school under Title IX? Our skilled Title IX attorneys explain what you should expect below.
What a School Will Do in a Title IX Investigation
If you are a student at a federally funded college or university and you are accused of sexual assault, your school must initiate an investigation under Title IX. A Title IX investigation will likely include:
- Interviewing you and the accuser (the “complainant”)
- Questioning any other witnesses
- Reviewing your discipline record as a student, and
- Reviewing law enforcement investigation documents
The goal of a Title IX investigation is to determine:
- Whether the alleged sexual assault took place
- If it occurred, what actions the school should take to eliminate a potentially hostile environment for students involved, and
- Determine what steps the school should take to prevent sexual assault from taking place on campus in the future
Punishment after a Title IX investigation could include your suspension or expulsion from the school.
The Difference Between Title IX Investigations and Criminal Investigations
Title IX investigations are not criminal proceedings. The school is not required to abide by the same strict procedures that the criminal court must follow. All that is required under Title IX is that you be given “due process,” which means you must be notified of the accusation against you and you must be provided the opportunity to respond to the allegations.
Evidence that is reviewed in a Title IX investigation does not have to meet the same standard that evidence must meet to be considered admissible in a criminal case.
A Title IX investigation may include a hearing to determine whether the conduct occurred, but Title IX does not necessarily require a hearing. While the law provides flexibility in how each school structures the investigative process, a school must give the accused and the accuser the same rights under Title IX.
Will the School Wait for a Criminal Investigation?
Typically, a college or university will not wait for the results of a criminal investigation to begin a Title IX investigation. These two investigations are separate, and they can occur at the same time. However, a school’s Title IX investigation must not interfere with a criminal investigation by law enforcement.
There is also an important difference between criminal investigations and Title IX investigations. Law enforcement has the discretion to investigate an allegation of a crime, but a university that is subject to Title IX has no choice. The school must investigate any allegation of a sexual assault, regardless of whether the police decide to file charges.
Why You Should Hire a Lawyer If You are Subject to a Title IX Investigation
If you are subject to a Title IX investigation, you are facing serious consequences. Your education and your future are at stake. That is why you should speak to an experienced Title IX attorney immediately.
Our skilled Title IX attorneys at Wallin & Klarich understand how to protect your rights during a school investigation. Our attorneys will help you exercise your rights and navigate the complicated Title IX investigation process.
Contact the Title IX Attorneys at Wallin & Klarich Today
If you or someone you care about is facing a Title IX investigation, you should seek the help of an experienced Title IX attorney at Wallin & Klarich. Our skilled Title IX attorneys have more than 35 years of experience successfully representing clients accused of sexual assault. Let us help you now.
With offices in Orange County, Riverside, San Bernardino, Victorville, West Covina, Torrance, Los Angeles and San Diego, there is an experienced Wallin & Klarich Title IX attorney available to help you no matter where you are located.
Contact our law firm today at (877) 4-NO-JAIL or (877) 466-5245 for a free phone consultation. We will get through this together.