When most people hear the phrase “Title Nine” or “Title IX” they think about men’s and women’s sports and scholarships. However, Title IX covers much more when it comes to educational institutions across North Carolina. Two common areas that often involve both Title IX and the North Carolina Court System are when there are allegations of either Domestic Violence or Sexual Assault.
It is important to know that while these processes can often take place at the same time, and can have profound effects on each other, they are completely separate, and just because there is a disposition in one process does not mean that the other will end or even come to the same result. It is very important that if you have a case that involves Title IX or Title IX and a court case that you speak to an attorney. The Criminal Defense Attorneys at Jetton and Meredith are available to help you with these important and complex issues. Schedule your consultation today by calling 704-333-1114.
WHEN DOES TITLE IX TAKE EFFECT?
Title IX is a federal law that controls all institutions of higher learning, or colleges and universities. In the case of allegations of domestic violence or sexual assault between students, Title IX proceedings can be initiated by the school upon a complaint being made by the victim.
Controlled by the student code of responsibility, it is important to know that it does not matter if the allegations of domestic violence occur on the campus in question or not. If both parties are students at the college or university at the time of the alleged conduct the school can still initiate Title IX proceedings.
THE INTERSECTION OF TITLE IX AND CRIMINAL JUSTICE SYSTEMS
Often a Title IX complaint will contain some allegation of criminal conduct, and while the complaint is not being made to the police directly, they often become involved in these kinds of matters. In many instances, the police will not take part in the Title IX investigation or process in an effort to keep them separate, and while this may appear to be a good thing, without an experienced lawyer at your side, the decisions you make in the Title IX proceeding may have a direct impact on your criminal case.
HOW DO TITLE IX PROCEEDINGS USUALLY TAKE PLACE?
The first step in the process is usually a complaint made by the victim to the University. This is sometimes done at the urging of the local authorities or law enforcement agencies that are also investigating any allegation of criminal conduct.
Once allegations are made the University will generally assign a Civil Rights and Title IX case manager to the case. This person will first send out a formal written notice of the allegations to each party involved. The next step is an interview. It is very important that if you are the accused in this situation, you hire an attorney before this step. You are allowed to have your attorney present with you at the interview in North Carolina.
Once the Interview is conducted, a report is generated by the investigator and case manager, and it is then circulated to all parties involved and they are allowed to make corrections and ask questions of the authors of the report. Once this stage is completed, the report is generally sent to an associate dean in the same department for review. The associate dean has to make the following decision: whether to (a) mediate the case or try to reach a resolution short of a disciplinary hearing, this is often referred to as an informal resolution; or (b) refer the case for a full hearing in front of a disciplinary panel for their determination on the matter, often called a formal resolution.
WHY IS IT IMPORTANT TO HIRE A LAWYER FOR A TITLE IX PROCEEDING?
First, as discussed above, the Title IX process and the court process are completely separate proceedings. As such, the same rights, and protections that you have in a criminal proceeding, do NOT apply during a Title IX proceeding. Second, in many criminal prosecutions that involve parallel Title IX proceedings, the District Attorney’s Office will often subpoena the school for any and all records, including statements from the Title IX proceedings. Therefore, in a criminal prosecution where the government can introduce statements made by an alleged defendant, these statements made to the University can be used as evidence. Finally, when you hire an attorney, they are often able to negotiate with the University to help protect you and your rights as an accused.
OTHER FREQUENTLY ASKED QUESTIONS
- My case was dismissed, or I was found not guilty does that mean my Title IX case will also be dismissed?
- NO. The criminal justice system uses the beyond-a-reasonable doubt standard and there are constitutional rights and protections that must be followed in the criminal justice system that does NOT apply in the civil setting that is a Title IX proceeding.
- My Title IX case was dismissed, doesn’t that mean my criminal case should be also?
- NO. Similar to the above, these processes use different standards of proof and different rules of evidence, and there may be different evidence presented in each, as the University does not have the power to compel testimony the same as the Government in criminal prosecution.
- There was a 50B restraining order case that was heard in court, does this affect my Title IX case?
- It can. This is another reason you should hire a knowledgeable attorney with experience in these kinds of cases. All 50B or domestic violence protective order cases are recorded, and while the Title IX investigator and the University will not be bound to follow the Judge’s ruling in the 50B case, those recordings may be very useful in your Title IX proceedings.
WHAT DO I DO IF I HAVE A TITLE IX OR CRIMINAL CASE PENDING AGAINST ME?
First, you should immediately contact a lawyer and schedule a consultation. The earlier in the process, your lawyer gets involved, the more they can fight for you and protect you. If you have a Title IX case or criminal case pending against you, call Jetton and Meredith’s Criminal Law Team today to schedule your consultation.