What’s the difference between a title ix investigation and a criminal case?

A Title IX investigation and a criminal case are very different. While the two types of cases may involve the same alleged conduct and the same people, that’s where the similarities end.  A Title IX case is an administrative matter that can impact an accused student’s educational record and enrollment status with an educational institution.  A criminal case involves charges prosecuted in a court of law.  An accused student in a Title IX case can be found responsible, but the student will not go to jail.  If an accused student is found guilty of a criminal offense, the student may face a penalty of imprisonment and sex offender registration.  An accused student in a Title IX case does not have a constitutionally protected right to silence like the student does in a criminal case.  The burdens of proof are also different.  Title IX claims are generally evaluated for a preponderance of evidence, whereas criminal charges must be proven by a prosecutor beyond a reasonable doubt, which is the highest burden of proof in our legal system.