If you’re a student facing allegations of misconduct in Maryland, particularly related to sexual assault or harassment, you might wonder if you could simultaneously face criminal charges and university disciplinary proceedings. The short answer is yes—these two processes can occur simultaneously. Understanding how Title IX and criminal procedures intersect is crucial, as both can significantly impact your life and future. Here, our criminal defense attorney explains.
How Title IX and Criminal Charges Differ
Title IX proceedings and criminal court cases are entirely separate processes. Title IX refers to federal legislation mandating that educational institutions receiving federal funding address sexual misconduct allegations promptly and thoroughly. Universities must investigate and resolve these allegations independently of any criminal proceedings.
Criminal charges, on the other hand, are handled by state or local prosecutors and involve the criminal justice system. These charges can lead to severe penalties such as fines, probation, or even imprisonment. While Title IX outcomes affect educational standing, criminal outcomes directly impact your personal freedom and record.
Why Can Both Occur Simultaneously?
Title IX investigations do not depend on criminal court proceedings to move forward. Even if criminal charges are never filed, dismissed, or result in acquittal, your university can still pursue disciplinary action based solely on their internal investigation and standards. Conversely, an ongoing Title IX proceeding has no bearing on whether prosecutors pursue criminal charges.
This means you might face a university investigation, hearing, and sanctions while simultaneously dealing with police investigations, court appearances, and potential criminal penalties. Each process has different standards of evidence and procedures, making it crucial to navigate both with care and understanding.
The Importance of Legal Representation
Given the complexity and high stakes involved in facing both Title IX and criminal allegations simultaneously, having experienced legal representation is essential.
Our attorney, skilled in both criminal defense and Title IX matters, can:
- Guide You Through Both Processes: Legal counsel familiar with both university procedures and criminal law can help you understand your rights, responsibilities, and the potential consequences you face in each arena.
- Protect Your Rights: Your attorney will ensure your rights are upheld, both at the university level and in court. This includes safeguarding your right against self-incrimination, particularly important if criminal charges are pending.
- Coordinate Your Defense: A unified defense strategy helps prevent inconsistencies or statements in one process from negatively impacting the other. Your attorney can advise on how to approach questioning, statements, or hearings strategically.
- Negotiate and Advocate: Your attorney can engage in negotiation with prosecutors or university officials, aiming to minimize or avoid severe penalties, suspension, expulsion, or criminal convictions.
Contact Lotze Mosley, LLP Today
If you or a loved one is facing simultaneous university disciplinary proceedings and criminal charges in Maryland, immediate legal action is vital. At Lotze Mosley, LLP, our experienced criminal defense attorneys understand the intricacies of navigating Title IX matters alongside criminal defense strategies. We provide aggressive, informed representation to protect your rights, future, and reputation.
Contact us today to schedule a confidential consultation. Let us advocate for your rights and help you effectively navigate both the university disciplinary system and criminal court proceedings.
