A criminal case is brought on behalf of the government by the district attorney’s office, whereas a civil lawsuit is brought by a private individual with private attorneys.

In a criminal case, the prosecutor must be able to prove the case beyond any reasonable doubt, the highest burden of proof. The outcome for the defendant if found guilty in a criminal trial is imprisonment and/or probation.

In a civil lawsuit, the plaintiff seeks liability for their damages. In a civil claim, Plaintiffs must prove their case by a preponderance of the evidence - in other words, was it more likely true than not, a much lower burden of proof than beyond a reasonable doubt.

In criminal cases, only the individual alleged to have committed the crime is prosecuted. In a civil lawsuit, a Plaintiff can sue not only the accused individual, but also any individuals or entities that may have failed to prevent or respond appropriately. A Title IX lawsuit is a civil lawsuit.

Title IX is a federal law enacted in 1972 that prohibits all educational institutions that receive Federal financial assistance from engaging in conduct that discriminates on the basis of gender.

Yes. Title IX has been used to ensure educational institutions do not discriminate against women in their athletics programs. But Title IX is not limited to instances of gender discrimination in athletics.

Title IX is much broader, covering discrimination based on sex in all education programs or activities at universities and institutions which receive federal funding, as well as matters of sexual violence, harassment, and misconduct involving students, teachers, and/or faculty.

Both the U.S. Department of Education and the U.S. Supreme Court have recognized that students must be afforded an equal opportunity to education, regardless of sex.

When a student experiences sexual assault or sexual harassment, and a school fails to address it, that school is interfering with the victim’s right to an equal opportunity in education. Both the Education Department and SCOTUS have recognized that a school’s failure to address sexual misconduct on campus amounts to discrimination on the basis of gender, which is prohibited by Title IX.

There is quite a bit of research on the frequency of sexual violence in education. The research is not unanimous, but is fairly consistent:

• 23.1% of female undergraduates and 5.4% of male undergraduates experience rape or sexual assault through physical force, violence, or incapacitation (RAINN).
• Among graduate and professional students, 8.8% of females and 2.2% of males experience sexual violence.
• Only 20% of female student victims ages 18-24 report to law enforcement, compared to 32% of non-student females the same age who report.

If you have been the victim of sexual misconduct on campus, there are several options for reporting your crime. First, you can report to your campus, or local police department. The police will investigate, and pass your case on to the local district attorney who will then decide whether or not to file criminal charges against your assailant.

You may also report to your college’s Title IX office. The U.S. Department of Education requires schools to maintain an office for responding to reports of sexual misconduct that occur on or off campus.

Reporting to police will begin a criminal justice process. First, police will conduct an investigation, which includes interviews of the complainant, assailant, and any witnesses.

Law enforcement will then present their findings to the local district attorney’s office. The district attorney will decide if it wants to bring criminal charges. If a criminal indictment is filed and the assailant is convicted, they could face penalties such as probation or incarceration.

It’s important to remember that the criminal process does not involve a school who may have failed to prevent or respond to your sexual assault. Only a civil lawsuit can address that.

Every school has a federal obligation to respond to a report of sexual misconduct. Often, the school will initiate a formal investigation into your report. This may include interviews of you and your assailant, as well as any witnesses.

After a formal investigation, the school will usually hold a formal hearing to determine whether to sanction your assailant.

The U.S. Department of Education has published guidance documents that schools must follow while conducting an investigation and ultimately adjudicating a report of sexual misconduct under Title IX.

Schools must also take interim measures to ensure a complainant’s safety and wellbeing on campus throughout the course of an investigation and adjudication process. Often, this means a school will issue a “no-contact order” restricting the assailant’s ability to interact with the complainant.

Other measures include academic and housing accommodations to ensure that the process does not interfere with the complainant’s right to an educational experience free from sexual discrimination.