A sexual misconduct notice from a Texas university can leave you worried about your education, reputation and freedom. You may face a university investigation, a police investigation or both. Although separate, statements and evidence from one may affect the other.
How school and criminal cases differ
A school proceeding determines whether you violated university policy. The school may investigate, hold a hearing and impose discipline such as suspension or expulsion. If that discipline makes you ineligible to reenroll, state law requires a notation on your transcript.
A criminal case determines whether prosecutors can prove an offense beyond a reasonable doubt. Police investigate, and a prosecutor decides whether to file charges. A conviction may bring incarceration, fines or sex offender registration. A Title IX investigation in Texas may continue without an arrest, while a criminal case can proceed regardless of the school’s decision.
Why both cases may happen at once
Texas law generally requires university employees to report sexual harassment, sexual assault, dating violence or stalking to the Title IX coordinator. The person who made the complaint may also contact police, and school records may sometimes reach law enforcement.
A school finding may draw police attention or provide new information. However, it does not automatically lead to criminal charges. Statements from school interviews or hearings may also affect a sex crime case.
Your rights in each process
In a formal school case, you generally receive notice, access to evidence and the right to choose an advisor. The advisor may be an attorney. At a live hearing, the advisor may ask relevant questions, but the hearing officer decides which questions are allowed.
Your school must explain which proof standard it uses. It may require proof that the claim is more likely than not or clear and convincing. The 2020 federal regulations currently govern Title IX cases, but federal action or court decisions may change procedures.
In a criminal case, you cannot be forced to make statements that prosecutors may use against you. Prosecutors must prove the charge beyond a reasonable doubt.
Why the university stage matters
Because the two cases may overlap, consider how a statement or decision in one could affect the other. Review the notice, save texts and other evidence, track deadlines, follow school orders not to contact someone and avoid public comments.
A confidential consultation with a Title IX attorney may help you understand the school’s rules and how your response could affect a criminal case.