Title IX law is in constant flux, with new rules and legal challenges continuing to shape how schools, colleges, and other institutions handle sex-based misconduct and discrimination.  Our firm closely monitors these developments and is committed to providing the most current information available. Click here to learn about the current state of Title IX and how we can help if you are facing accusations or other Title IX issues. 

The answer is almost unequivocally yes. The school proceeding is a completely separate proceeding from any criminal proceeding. A school proceeding often moves much more quickly than a criminal case, so the school case often would take place much earlier in time than a criminal case would. The argument could be made, if the student is found responsible in a Title IX sexual misconduct case at the school and is later, say, found not guilty in a criminal case, that the decision of the school should be, say, overturned or reconsidered.

Arguably though, if a student is not found guilty in a criminal court does not mean that they did not in fact commit the crime or the offense. It’s just that it means that they were found not guilty. That’s a very complicated consideration. That’s why an experienced attorney/advisor needs to be involved in the Title IX case from the start to help protect the student’s rights and interests, to gauge the case, to advise a client as to what’s going to be in their best interest. You have to take the necessary steps. Having someone in your corner from the start is critical.

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When the SRO (School Resource Officer) is Involved: Why “Educational Discipline” Just Became “Legal Defense”

In the name of student safety, schools are installing School Resource Officers (SROs) on campus. But SROs’ involvement in campus problems also means that incidents at school can now turn directly into criminal investigations. What parents need to know is this: If your child faces discipline because of an incident […]

Can Schools Punish Students for Social Media Posts? The Mahanoy Standard

A frustrated high school cheerleader walks into a convenience store on a Saturday afternoon. She snaps a photo with a friend, raises her middle finger, and posts a profanity-filled message to Snapchat complaining about school and cheerleading. By Monday, she’s suspended from the cheer squad. Most students would assume that’s […]

State > District > School: How Inconsistent Policies Become a Defense in Student Misconduct

The state is greater than the district, while the district is greater than the school. That probably seems like a weird SAT math problem. However, it describes the legal concept of “preemption,” when a higher authority’s law prevents lower authorities from acting inconsistently with the senior law. And preemption can […]

Zero-Tolerance Discipline Policies Can Undermine Students’ Due Process Rights

Colleges and universities have broad authority to maintain campus safety and enforce student conduct policies. However, students accused of misconduct don’t lose their due process rights simply because allegations are serious. At the higher education level, courts have repeatedly recognized that suspension and expulsion can have life-changing academic and professional consequences. As […]