Module 12
Campus Sexual Assault: Institutional Reporting and Disciplinary Processes

Key Differences Between the Criminal Justice System and a School’s Title IX Response to Sexual Assault

Criminal Justice System

Campus Title IX Response to Sexual Assault

The purpose is to maintain law and order in society and to punish and/or rehabilitate those who violate the law.

The purpose is to ensure that sexual assault does not interfere with victims’ ability to enjoy educational opportunities.

The victim is not a party to the case. Most of the constitutional rights afforded within the criminal justice system are protections for the accused.

The school has an equal duty to both students. The victim, if they so choose, is a party to the investigation/disciplinary process. Any right given to one party must be given equally to the other(s).

Proceedings are judicial proceedings that are governed by statutes and rules of evidence and presided over by a judge.

Processes are merely administrative and are generally not governed by statutes or rules of evidence.

The outcome of a successful prosecution is a conviction and the defendant’s sentence will be within a statutorily permissible range (see Module 2).

The outcome of a campus investigation and process in response to a complaint of sexual assault can be a wide range of actions taken by the school focused on the perpetrator’s conduct, including suspension and expulsion of the perpetrator and/or a permanent note on the perpetrator’s transcript; and can include a range of options focused on the victim and making sure the victim can continue on their educational trajectory unimpeded.

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