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.
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