Title IX Investigation Vs. Criminal Charges in Greenwich
A lot of conduct that qualifies as violation of someone’s Title IX rights on a federally funded school’s campus, also qualifies as violation of the Connecticut Penal Code. However, while both types of cases can arise from the same central incident, the outcome of each case is generally very different for the person accused of misconduct.
Understanding the key differences between a Title IX investigation and criminal charges in Greenwich can be key to effectively enforcing your rights during both types of proceedings. Here is a brief overview of the most important distinctions between these two kinds of cases, each of which a Title IX lawyer can further explain during a private initial meeting.
Jurisdiction
The first and most obvious difference between Title IX and Criminal investigations is the investigative authority that conducts each investigation. The school administration internally handles Title IX investigations. In contrast, criminal investigations and adjudications in the Nutmeg State fall solely under the purview of local law enforcement and the Connecticut criminal court system.
Standards of Proof
To be convicted of a criminal offense in Connecticut, the prosecution must prove the defendant is guilty of the charged offense “beyond a reasonable doubt.” Conversely, during a Title IX investigation in Greenwich, your school’s administration only has to show by a “preponderance of the evidence,” that it is more likely than not that the respondent committed the Title IX violation in question. This standard of proof is a much more lax by comparison.
Rights of the Accused
Criminal defendants have certain rights guaranteed to them by the United States Constitution, including the right to have legal counsel appointed if they cannot afford private representation and the right to remain silent without that silence being used against them to incriminate them. While Title IX respondents have the right to be presumed innocent until the conclusion of their investigation, any other rights they have during the process will depend on the rules set out by their specific school.
Possible Sanctions
Criminal charges in Greenwich can lead to criminal penalties enforced by the state of Connecticut,, including imprisonment in local jail or state prison, monetary fines, and potentially the loss of certain civil privileges. Title IX investigations, on the other hand, are built more around protecting complainants than punishing respondents, so the extent of sanctions that could come from a ruling against the respondent in a Title IX case would be the loss of access to school property, suspension, and/or expulsion.
Learn More From a Greenwich Attorney About Title IX Investigations Vs. Criminal Charges
To reiterate, the above information is just a broad summary of the major differences between Title IX investigations and criminal charges in Greenwich. In practice, each type of case requires a unique, custom-tailored strategy to get a favorable result, especially if you are subject to both a criminal charge and a Title IV violation simultaneously from a single unlawful and discriminatory act.
Fortunately, you have help available from knowledgeable and experienced Title IX attorneys to ensure your rights are respected and protect your best interests through your Title IX proceedings. Call Mark Sherman Law today to discuss your options, or read some of the 300+ verified reviews on our Avvo.com profile by clicking here.