The Possibility of Criminal Charges
Matters under Title IX are civil school discipline matters. However, there are often allegations of sexual assault or some other crime. While Contant Law is acting as an advisor for the civil Title IX violations in Massachusetts, the reality is there could be a separate, parallel criminal case moving forward as well. You want to ensure you have a proven criminal defense lawyer retained. It is important to remember that charges under Title IX and criminal charges can be filed at the same time. How one case proceeds does not depend on the other. The school does not have to wait for the police and/or criminal courts to finish with the criminal case before proceeding with a school discipline matter under Title IX.
As in the case of Title IX school discipline hearings, timing is critical. You want to make sure you or a loved one has the legal counsel needed to ensure you are protected from both the college discipline procedures, as well as law enforcement who may seek to bring criminal charges.
Furthermore, you have certain rights in a criminal case which you do not have under Title IX. One such right is that you do not have to cooperate with or speak to the police. However, under Title IX, you have an obligation to cooperate with the investigation. Failure to do so could result in an unfavorable ruling against you in the college discipline matter.
Keep in mind, law enforcement and prosecutors in the criminal case may seek to obtain statements you make in the Title IX violation matter through a subpoena or other court order. They may then try to use those statements against you in a criminal court case. At Contant Law our criminal defense attorneys have considerable experience in both arenas and can ensure that you are protected to the greatest extent possible.