Search Site
Menu
IBC Centre, 130 East Travis Street, Suite #425 | San Antonio, TX 78205
CALL FOR CONSULTATION 210-598-8629

How a Title IX Violation Can Lead to a Criminal Prosecution

Congress enacted Title IX of the Education Amendments of 1972 to prevent gender discrimination in educational institutions that receive federal funding, including academic, athletic and social programs. As years passed, a series of court decisions expanded the scope of Title IX to include protection against sexual harassment, sexual assault, rape and other acts of sexual misconduct. The net result is that a Title IX investigation may trigger a criminal prosecution, exposing the accused person to prison, fines and other penalties.

Educational institutions subject to Title IX must investigate all complaints or other indications of violations. While Title IX is a federal law, states may impose additional requirements. Under Texas law, all school employees are required to report any potential violations that they have direct or indirect knowledge of in a timely fashion. If warranted, appropriate disciplinary action must be taken by the school authorities. Title IX violations can result in a student being suspended or expelled or in an employee being fired.

Various types of sexual misconduct under Title IX can be crimes in Texas. A criminal case may be brought either parallel with or subsequent to the Title IX action. Evidence received during the Title IX case may have bearing on the criminal case. This is a significant danger to the accused because a Title IX proceeding is civil in nature, so there are fewer protections than in a criminal case. These are the major differences:

  • There is no right to counsel.
  • There is no right against self-incrimination.
  • There is no right to confront the accuser.
  • There is no right to a speedy trial.
  • There is no right to a jury trial.
  • There is no need for proof beyond a reasonable doubt. The standard is the greater weight of the evidence (more than 50 percent).

Due to the lower standards of proof and lack of procedural safeguards, an accused faces a greater likelihood of being found in violation of Title IX based on allegations of sexual misconduct. A school’s finding of a violation and taking of disciplinary action do not control the criminal case, but evidence in a Title IX proceeding — including statements made by the accused — may be subpoenaed by law enforcement officials. As such, any person who is the subject of a Title IX investigation or proceeding should seek the advice of a qualified Title IX attorney. Effective representation in the Title IX case can be an important factor in defense of a criminal prosecution.

Kevin L. Collins, P.C. is a full service criminal defense law firm in San Antonio, Texas. If you are involved in any Title IX matter, our firm can protect your rights in the civil and any associated criminal proceedings. Feel free to contact us online or call 210-598-8629 for an initial consultation.

COVID-19 Notice
We are here to help and support you through these generally challenging times with your specific legal issues. You will be able to reach me or my staff through our main telephone numbers, and of course by email: [email protected]. Phone conferences for existing and potential clients are available, as is the video conference feature through the Zoom app. Zoom may present some privacy challenges so phone conferences are preferred. Please take care of your health by following the measures recommended by the CDC, and by state and local authorities.
Firm Recognition
  • Super Lawyers
    Best Law Firms 2021
  • Three Best Rated
  • ThreeBest Rated
Client Reviews
  • google
    5.0/5.0

    I truly appreciate that Mr. Collins was straight forward and kept me informed every step of the way. He was willing to go the extra mile to help build a strong case, but kept me level headed throughout the process. He was open with the fact that the ...

    Read more

    Brie Wrinkle

  • google
    5.0/5.0

    Words cannot truly describe how amazing this attorney is . Great sense of professionalism and work ethic to say the least . Not only that he understands the law inside and out, and will put you first . Would highly advise to choose him as your attorn...

    Read more

    Gustavo Gomez

  • google
    5.0/5.0

    Kevin Collins represented me in a D.V. case. Dismissal. His preparation and intellect are remarkable. He's a league above his peers and competion. Follow his instructions and heed his advice. Not many people are built for this type of work. Kevin Col...

    Read more

    Warren B.

  • google
    5.0/5.0

    Kevin Collins is by far the best man for the job. Almost immediately as I talk to him on the phon I felt calm and reassuring. He started the process and handled it, very efficient and got the job done. He also responds to my calls very quickly and ke...

    Read more

    Aretha Jones

  • google
    5.0/5.0

    Fast and quick response ..That's how he acted ..Good professional service ..will call him again definitely if we need help.. Sincerely J VELA

    Read more

    Juan Vela

See all reviews
Case Results
State of Texas v. J.T. Furnishing Alcohol to a minor dismissed after start of trial despite death caused by accident
View All
Videos
Contact us

Quick Contact Form