Title IX Investigations Vs Criminal Charges at Wesleyan
The Wesleyan Code of Student Conduct, the Connecticut Penal Code, and Title IX of the federal Education Amendments of 1972 all prohibit various forms of sexual harassment, misconduct, and assault. However, that does not mean that the procedures for investigating and imposing sanctions against those who violate these rules are the same, or even meaningfully similar.
Whether you are thinking about filing a Title IX complaint, have done so already, or are facing an allegation that you violated someone else’s Title IX rights, understanding the differences in Title IX investigations vs criminal charges at Wesleyan is crucial to proactively enforcing your rights. Here is a brief overview of the most significant distinctions between these two proceedings, all of which our Title IX attorneys could discuss with you further during an initial consultation.
How Does Wesleyan Pursue Title IX Investigations?
When someone reports sex-based discrimination, harassment, or violence to Wesleyan University’s administration, the school’s Title IX Coordinator, or another member of the Title IX Office or the Office of Equity & Inclusion, will connect them to supportive resources and advise them on their options for filing a formal complaint. If that person chooses to proceed with the complaint, the Title IX Coordinator will open an investigation into the matter, which will conclude with a disciplinary hearing and potential sanctions against any respondent found guilty of a Title IX offense.
Importantly, the standard of proof that Wesleyan administrators must meet to find a respondent guilty of a Title IX violation is “based on a preponderance of the evidence,” which can allow the incorporation of subjective evidence like speculation and even hearsay into either side’s arguments. Although the standard of proof is lower than in a criminal trial, the sanctions that a guilty respondent may face in a Wesleyan Title IX investigation are limited to penalties such as the loss of on-campus privileges, suspension, and other school-level restrictions, all of which are generally less severe than the consequences of a criminal conviction.
Unique Aspects of Criminal Charges Compared to Title IX Cases
By comparison, the penalties that could come with a conviction for a criminal offense like sexual harassment or sexual assault in Connecticut can include thousands of dollars in fines, jail or prison time, probation, and potentially a permanent record as a convicted felon or sex offender. However, the standard of proof for a criminal conviction is “beyond a reasonable doubt,” which means speculative evidence is typically not as significant and is often insufficient for overcoming the presumption of innocence afforded to all criminal defendants.
Wesleyan students also have rights under the United States Constitution when they face criminal investigations or charges over allegations that would also violate Title IX, including the right to remain silent without incriminating themselves and the right to legal counsel if they cannot afford a private attorney. While Title IX proceedings allow you to have an advisor with you, they do not specifically guarantee you access to a legal professional, and failure to answer questions could still potentially be held against you.
Learn More About Wesleyan Title IX Investigations vs. Criminal Charges From a Seasoned Attorney
Depending on the circumstances, you may find yourself facing both a Title IX investigation and criminal prosecution at the same time. If you want to handle both types of cases as effectively as possible, talk to an experienced attorney about the differences between Title IX investigations and criminal charges at Wesleyan and how their unique aspects may affect your case.
Our Title IX attorneys can go over your legal options and provide irreplaceable assistance throughout a Title IX case, a criminal trial, or both. Call Mark Sherman Law today for a consultation, and click here to read some of the over 300 verified reviews that past clients have left on our Avvo.com profile.