Georgia Criminal Defense Lawyers Blog
Once a person receives notice that a Title IX allegation has been made against them in Georgia, a school will generally proceed and attempt to resolve the case within 120 days. The Title IX process moves quickly relative to the criminal justice system; however, the implications and lasting consequences of an allegation can be significant, making it imperative to have a skilled attorney assisting at all stages.
After an allegation has been made, there are a limited number of ways that the Title IX investigation can resolve:
- Complaint Dismissal: In narrow circumstances, an institution is permitted, but not required, to dismiss complaints. See Board of Regents Policy 6.7.4(f).
- Informal Resolution: Except in situations where a sexual misconduct complaint is made by a student against an employee, the parties can agree to resolve the matter outside of the formal hearing process. An informal resolution agreement may include terms such as agreeing to provide a written apology, undertake community service and/or counselling, or a leave of absence from the school. An experienced attorney can help you advocate in these negotiations.
- Formal Hearing: If the complaint is not dismissed and an informal resolution is not reached, the investigation is ultimately referred for formal hearing before a panel. The results of formal hearing will often be the most significant – regardless of the outcome, the result of a hearing will be reflected on a student’s official records. Specifically, being formally found responsible for a Title IX violation not only carries the likely punishments of suspension or expulsion, but also the collateral consequence of a permanent mark on your school transcript.
Regardless of the resolution, there can be lasting consequences of a Title IX allegation. Even if resolved informally, certain schools or professional licensing boards may require the disclosure of any past Title IX allegations. As mentioned, a formal finding is reflected on your school transcript and could affect your future employment and education. For non-citizens, certain Title IX allegations could also impact an individual’s ability to lawfully re-enter the United States.
Most importantly, Title IX allegations often overlap with conduct that could also be considered a crime. For instance, a Title IX allegation of nonconsensual sexual conduct could also be criminally prosecuted under O.C.G.A. § 16-6-1, which carries a penalty of twenty-five years to life. When facing allegations of this severity, it is important to know that any statements or information you provide will be recorded and can be used against you – not just in the Title IX context, but also in a court of law. Having an advisor to assist throughout each step of the Title IX process is crucial to minimizing exposure to any criminal liability related to the allegations.
At Conaway & Strickler, we are experienced in helping students navigate the Title IX process and minimizing the consequences that these serious allegations may carry. Contact us today to discuss how we can assist you.