Title IX Investigation Versus Criminal Charges at Yale

Many of the actions prohibited by Title IX of the 1972 Education Amendments are also prohibited by the Connecticut Penal Code, most notably harassment and sexual assault. However, accusations of violating someone else’s Title IX rights are very different from accusations of violating the Connecticut Penal Code, as any experienced Title IX lawyer will tell you.

Understanding the unique aspects of Title IX investigations at Yale versus criminal investigations and charges handled in state court can be key to enforcing your rights and protecting your best interests regardless of which type of proceeding you are facing, especially if you are dealing with both at once. Here is a brief overview of how these two kinds of cases differ and how important it can be to have support from a seasoned lawyer every step of the way.

How Are Respondents Different From Defendants?

Someone who has been formally charged with a criminal offense in Connecticut, is referred to as the “defendant” and afforded certain rights under the United States Constitution.  Those rights include the right to be tried by a jury of their peers and the right to an attorney.  If one cannot afford a private attorney, they have the right to have an attorney appointed. Conversely, people accused of Title IX violations are referred to as “respondents” since they are responding to a complaint filed against them. Their cases are handled within their school’s internal disciplinary office and while they have the right to have an attorney represent them,  they are not afforded the right to have an attorney appointed, if they cannot afford one.

That said, Title IX respondents still have the right to be presumed innocent of the allegation(s) made against them unless they are proven guilty following a fair and impartial investigation and hearing, just like criminal defendants. Now,  while criminal defendants can only be convicted and sentenced if proven guilty “beyond a reasonable doubt,” Yale administrators in Title IX proceedings only need to establish guilt by a “preponderance of the evidence,” which is a significantly lower standard of proof.

Differences in Penalties for Title IX Cases and Criminal Cases

Another vital distinction between Yale Title IX cases and criminal prosecutions is the type and severity of sanctions a respondent can face versus a defendant. Since Title IX cases are handled entirely within a single academic institution, the only penalties a respondent could face upon being found guilty of a Title IX violation are those their school can independently impose on them.  Those sanctions can include restriction from participating in on-campus activities, suspension, or expulsion.

Criminal courts, on the other hand, have the full power of the state of Connecticut behind them. This means that following a conviction, courts can impose thousands of dollars worth of fines, a period of incarceration, lengthy terms of probation, and/or mandatory community service. In some cases, courts can even require defendants to attend mandatory counseling as part of their sentence, especially if they were convicted of a “family violence” crime.

Learn More From a Seasoned Attorney About Yale Title IX Investigations Versus Criminal Charges

While Title IX investigations at Yale and criminal charges in Connecticut differ a lot, there are also several ways in which they are very similar. The most important of those ways is that both types of cases can fundamentally alter your life if you do not handle them proactively and effectively.

Representation from skilled legal counsel can be all but essential to accomplishing that and to minimizing additional stress for yourself and your family along the way. Call today to discuss your options, and click here to read some of the 300+ verified reviews written on Avvo.com by past clients of Mark Sherman Law.