When a sexual misconduct allegation is made on campus, two separate systems of accountability can activate simultaneously. Understanding how the administrative and criminal processes differ, and how they interact, is critical to protecting your rights and your future. If you have been accused, do not speak with university officials or law enforcement before consulting an attorney. Statements made in one process can be used in the other.
Attorney Andrew H. Stevenson has more than 25 years of criminal experience and has helped many clients over the years with the criminal and administrative aspects related to Title IX cases. He’s ready to help you navigate your case and find the resolution that protects your future and your record.
A single allegation of sexual misconduct at Ohio University or any other federally funded institution can trigger two entirely separate proceedings: a university Title IX investigation and a criminal prosecution under Ohio law. These processes operate under different rules, apply different standards of proof, and can produce different, and seemingly contradictory, outcomes.
A student can be expelled under Title IX even if no criminal charges are ever filed. A student can be acquitted in criminal court and still face expulsion from the university. The systems do not depend on each other, but they do interact in ways that can complicate your defense strategy at every stage.
When you’ve been accused of sexual misconduct with another student, you need to be aware of both processes you are facing. The information and details from one investigation may affect the other investigation. An attorney who understands both procedures, and can help you handle them simultaneously, can give you a better chance at a favorable outcome.
When Universities or colleges investigate Title IX accusations, it is an administrative or disciplinary investigation. It doesn’t matter if the alleged incident happened on- or off-campus: if it involved a student, student organization, or student group, it is considered a violation of the code of conduct. Once it’s reported, it will be adjudicated through the grievance process and assessed by the university’s Title IX Coordinator.
These investigations use lower standards of proof than criminal courts, and the accused is expected to participate in the investigation. These investigations are dealt with swiftly. The university is required to resolve these cases in a tight timeframe, typically between 60 and 90 days.
Any sexual misconduct accusations that may trigger a Title IX claim at OU or other campuses may also trigger a criminal investigation. These allegations are handled like other criminal investigations: charges and arrests are possible. The Athens Police Department may attempt to interview you or potential witnesses, such as Greek organizations members or other partygoers.
The level of your criminal charges could affect the timeline your case goes through. Felonies can be complex, leading to longer investigations and trials. A misdemeanor sexual misconduct charge could be processed in months.
An investigation by Ohio University into Title IX claims and a criminal investigation involving the same incident can be drastically different. University investigations are handled privately, and compliance by the accused is expected. In a criminal case, you have the right to remain silent, thanks to the Fifth Amendment.
Other differences include:
Both investigations may have permanent outcomes as well, but they can have very different ramifications. A university’s findings may affect future scholarly endeavors, but a criminal case will affect every aspect of your life.
Title IX investigations are associated with sexual misconduct allegations. Although not every report on campus turns into a criminal case, some of the criminal charges connected to Title IX cases are:
Both the university disciplinary process and a criminal investigations may run concurrently, which can create a minefield of strategic conflicts that can easily trap an unprepared student.
University investigators are not bound by the confidentiality protections that safeguard your relationship with a defense attorney. Detailed statements you make during a Title IX interview, explaining your timeline, describing your relationship with the complainant, or discussing the night in question, can be subpoenaed by law enforcement and used directly against you in a criminal trial.
A criminal case can take a year or longer to resolve. The university process, by contrast, operates on a fast-tracked timeline that waits for no one. You will likely face a Title IX hearing, and potential expulsion, while criminal charges are still pending, forcing you to take positions before your criminal defense strategy is fully matured.
Because the systems are entirely independent, they can yield seemingly contradictory results. A student can be found “not responsible” under Title IX but still be convicted criminally. Conversely, a student can be completely acquitted in a criminal court and still be expelled by the university. The lower “preponderance” standard makes a university finding of responsibility much easier to achieve.
Text messages, social media records, photographs, and witness statements gathered during the university’s fast-moving investigation are routinely requested by law enforcement via subpoena. Similarly, evidence uncovered by police can be introduced directly into your Title IX hearing.
In a criminal case, your right to remain silent is absolute, and a jury cannot hold it against you. In a Title IX proceeding, however, the university can require your participation, and a refusal to speak or answer questions can lead the panel to draw negative inferences against you. This creates an immediate crisis: what you must say to defend your academic life may be exactly what a prosecutor needs to convict you.
Navigating a simultaneous Title IX investigation and criminal charges require an experienced, unified legal strategy. Key areas of intervention include:
Title IX proceedings may take place in a university conference room rather than a courtroom, but they demand identical defensive skill sets. Pinpointing inconsistencies in testimony, uncovering hidden biases, and knowing when to challenge evidence require seasoned trial instincts. An attorney who regularly handles serious criminal sex offenses brings an advanced level of advocacy that a standard campus advisor simply cannot provide.
As a parent, discovering that your child has been accused of sexual misconduct is terrifying: not only are there criminal implications and possible consequences, but you also need to consider their academic career. Your first instinct as a parent is likely to step in, demand answers, and try to fix the situation.
However, even the most well-intentioned interventions could actually make the situation worse. To protect your child’s future, safety, and legal rights, take the following steps immediately:
No. Once a formal complaint is filed, Ohio University and most other institutions place an immediate administrative hold on the student’s account and academic transcripts. If a student attempts to withdraw or transfer while an investigation is pending, the university will either block the transcript release or place a permanent notation on the record stating that the student left with disciplinary charges pending. This notation acts as a red flag for any other accredited institution.
While federal guidelines allow a student to choose anyone as their advisor, including a parent, it is highly discouraged. The advisor is the only person permitted to conduct the mandatory cross-examination of the complainant and witnesses during the live hearing. A parent lacks the legal training required to navigate these restrictions and cannot provide the objective distance needed to execute a defense strategy.
The financial consequences are immediate and severe. Most universities enforce strict institutional refund schedules that expire within the first few weeks of the semester. If a student is issued an interim suspension or a permanent expulsion later in the term, the university typically forfeits all tuition, dining fees, and housing payments. Additionally, federal financial aid programs often require the immediate repayment of disbursed grants or loans if a student’s enrollment is terminated due to disciplinary action.
The university Title IX office is responsible for implementing these adjustments, but the logistical burden almost always falls on the accused student. If both parties share a mandatory class or live in the same complex, the university will typically force the respondent to change their housing assignment, alter their dining hall access hours, or drop and replace specific course sections, regardless of the disruption to their academic progress.
No. The university disciplinary panel has absolutely no jurisdiction over the state criminal justice system. If local police have generated an investigative report, executed an arrest warrant, or filed formal charges, those records remain active in public law enforcement databases. Sealing or expunging an arrest record or a dismissed charge in Ohio requires a completely separate legal petition filed through the county court system, entirely independent of the university’s decision.
Andrew H. Stevenson has more than 25 years of criminal defense experience and understands the unique panic parents face when a son or daughter is accused on campus. He represents students facing simultaneous Title IX proceedings and criminal charges at Ohio University and campuses across the state. Free initial consultations are available to help you step between your child and the systems arrayed against them.
If you have been accused of a Title IX violation, contact Andrew’s office or call (740) 761-2398 to discuss your situation and learn how to protect your rights and your future.
