Can evidence that my college uses against me also be used in a criminal trial for the same offense?

The evidence that's obtained as part of a college investigation or conduct proceeding, whatever it may entail, whether it's, say Title IX, sexual misconduct, a general disciplinary case, the evidence that's presented and gathered can potentially be used in a criminal case related to the same, say allegations. A criminal case will not obviously take place at the college. It is a separate, independent, possible proceeding.

It's not that so much that the college would provide that information to whoever may be involved in that regard, law enforcement, the police, prosecutor's office, district attorney's office, but those records could be subpoenaed by the appropriate parties in a criminal investigation or a criminal case. Although it is the case, not to base things off of statistics, that many call proceedings will not also have a criminal case implicated. What takes place at the college level you have to be mindful as to how that's responded to and what's both said and provided to the school.

In almost all instances you have to defend yourself vigorously at the college, but you do have to be mindful of the potential implications. That's why having an experienced attorney advisor is going to be your best ally in terms of what's appropriate and what's going to be in a person's best interest at the school level.

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If you, or your student, are facing any kind of disciplinary action, or other negative academic sanction, and are having feelings of uncertainty and anxiety for what the future may hold, contact our offices today, and let us help secure your academic career.

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