What are the differences between a Criminal Case and a Title IX case?

There are major differences between a Criminal case and a Title IX case.

• Investigations

  • Criminal - Conducted by law enforcement and prosecutors

  • Title IX - Conducted by non-law enforcement school officials and attorneys

• Standard of Proof

  • Criminal - Proof beyond a reasonable doubt (99.9%)

  • Title IX - Preponderance of Evidence (51%)

    • And this Standard changes often

• Trial/Hearings

  • Criminal - Jury trial

  • Title IX - Resolved through as little as one person at the school

• Resolution

  • Criminal - Court system

  • Title IX - University system

• Rules of Evidence

  • Criminal - Strict application of Georgia and Federal statutes

  • Title IX - Loose application of the school’s code of conduct; no statutes

• Punishment

  • Criminal - Prison

  • Title IX - Expulsion or suspension from school

• Appeals

  • Criminal - Multiple levels of judicial review

  • Title IX - Limited appeals on even more limited matters

• Advisor/Attorney

  • Criminal - Attorneys participate in all aspects. Must be licensed

  • Title IX - Advisors (can be Attorneys) are limited in when they can speak

• Fairness

  • Criminal - Presumption of innocence. Strong due process protections

  • Title IX - Unfair to the student-Respondent. Presumption in favor of Complainant.