What UT Students Facing Sexual Misconduct Accusations Should Know
When a University of Tennessee student faces a sexual misconduct or rape allegation, two parallel worlds exist at the same time. While both involve the same allegations, there are significant differences in the rules, standards, and outcomes between a Title IX disciplinary campus process and the Tennessee criminal justice system.
While an educational institution’s administrative process can potentially result in academic penalties, such as suspension or expulsion, criminal charges can lead to jail or prison time, a criminal record, and other collateral consequences. It is vital that the student and his or her parents understand why a coordinated defense strategy is crucial during this difficult time.
Consulting an experienced Sevierville, TN criminal defense lawyer who is also knowledgeable about the Title IX disciplinary administrative process is the best step you can take for your child’s future. This is not a time to hope everything will turn out well; rather, it is a time to take proactive steps.
What is the Title IX Campus Discipline Process?
The Title IX campus disciplinary process involves a formal investigation and resolution procedure for sex-based misconduct at any university that receives federal funding. The process begins when a report of potential misconduct is made to the school’s Title IX coordinator, who assesses the report and determines the appropriate next steps.
The complainant and the accused are notified in writing that an investigation is underway. An investigator is then appointed, who will conduct interviews with the accused, the complainant, and any witnesses. Evidence is collected, and the case can be resolved through an informal resolution or a formal, live hearing. If a violation is found, sanctions may be issued, including suspension, expulsion, housing bans, transcript notation, and loss of financial aid.
What is the Tennessee Criminal Law Process for Rape Allegations?
Rape and sexual assault allegations are enforced under the Tennessee Code Section 39-13-501. If an investigation determines the allegations to be credible, the student may be arrested and required to post bond until a trial date is set. A student could be found "responsible" under Title IX and acquitted in criminal court, or vice versa. The penalties for rape in Tennessee include eight to 30 years in prison, a maximum fine of $25,000, and community supervision for life (sex offender registry) for this Class B felony.
The Differences in Evidence Rules and Timelines Between Title IX and the Tennessee Criminal Court
While a decision under UT Title IX regarding allegations of rape is made by a hearing panel or investigator based on a preponderance of evidence (It is "more likely than not"), a criminal court decision is decided by a judge or jury, and the standard is beyond a reasonable doubt. Campus panels often admit informal reports, prior statements, and even hearsay evidence during Title IX disciplinary hearings.
Tennessee criminal courts exclude any evidence obtained without a proper foundation or any evidence obtained through the violation of due-process rules. Title IX investigations typically conclude within 60-90 days, whereas criminal cases can take months or even years to resolve.
Interaction Between the Title IX Process and the Criminal Process
There can be overlapping evidence between the two processes, including medical reports and witness statements. The UT disciplinary process can move forward and even conclude while the criminal case is still pending, although defense counsel can request that the university pause its case until the criminal charges are resolved. Statements made to campus investigators can later be subpoenaed by prosecutors. Students can benefit from a criminal defense attorney who is also well-versed in Title IX defense.
Contact a Sevierville County, TN Criminal Defense Lawyer
If you are a University of Tennessee student – or the parent of one – facing Title IX allegations or parallel criminal charges can be confusing and frightening. A Sevierville, TN sex crimes attorney from The Baker Law Firm can ensure your rights and your future are fully protected. Attorney Baker, the firm’s founding attorney, has garnered recognition both nationally and locally, including being listed in The National Trial Lawyers Top 40 Under 40 in Criminal Defense. Call 865-200-4117 today to schedule your free consultation.
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