Criminal charges can derail a student’s academic career and subject them to academic sanctions from their school or university. A single mistake in judgment or false allegations can have a devastating impact on your future career prospects.
A knowledgeable Waco student defense lawyer could give you the best chance of avoiding a permanent record when you are charged with a crime. Schedule an initial consultation with us today to speak with a seasoned criminal defense attorney.
What is Title IX Defense?
When a student is charged with sexual misconduct on school grounds, they are usually subject to a criminal investigation from law enforcement and a Title IX investigation from their university. Even when the student can beat the criminal charges, they could remain subject to sanctions from the school.
When an institution receives federal funding from the Department of Education, Title IX of the Education Amendments of 1972 prohibits discriminatory activity based on sex, sexual orientation, and gender identity.
The legislation was initially used as a way to fight discriminatory behavior in women’s sports but is also meant to punish students found guilty of offenses such as sexual assault or sexual harassment.
Schools can take disciplinary action if a student is found guilty of a crime involving a Title IX violation, including the following:
- Suspension;
- Expulsion;
- Ineligibility to participate in athletics or school organizations;
- Losing scholarships or other financial grants;
- Mandatory community service;
- Losing campus housing privileges; or
- Fines or restitution.
When a student is accused of a Title IX violation, the school must thoroughly investigate the incident and take necessary disciplinary action or risk losing federal funding. The disciplinary action typically follows a formal hearing, which differs from a criminal trial.
Criminal Sexual Offenses That Invoke Title IX
It is essential to understand the types of sexual crimes that can lead to Title IX investigations for students. The state has criminalized a wide range of behavior involving sexual misconduct, even when the alleged defendant has not physically touched the other party.
Some examples of sexual offenses or violent behavior that can lead to criminal charges and Title IX investigations are:
- Sexual assault;
- Aggravated sexual assault;
- Stalking;
- Domestic violence; and
- Sexual harassment, also called criminal harassment.
Each crime has a specific set of elements that a prosecutor must prove for a conviction. For crimes involving rape or sexual assault, Texas Penal Code Annotated § 22.011 requires that a prosecutor prove:
- The defendant intentionally made sexual contact with another person; and
- The sexual contact was not consensual.
For allegations involving stalking, Tex. Penal Code Ann. § 42.072 states the defendant is guilty if they knowingly engage in conduct on more than one occasion that:
- Constitutes criminal harassment under Tex. Penal Code Ann. § 42.07 or can reasonably be seen as threatening bodily injury or death; and
- Causes a person in a dating relationship to fear injury, death, harassment, annoyance, alarm, abuse, torment, embarrassment, or offense.
A Waco attorney could sit down with you to review the details of your case and help build a solid student defense on your behalf.
Alcohol-Related Offenses for Students
The college party environment can expose a student to certain criminal charges more often, including offenses involving alcohol consumption. Since many college students are not of legal drinking age, some of the most common offenses typically involve underage purchase or consumption of alcohol.
A student under age 21 is generally prohibited from consuming or purchasing alcohol under Tex. Alco. Bev. Code § 106.04 and Tex. Alco. Bev. Code § 106.02, respectively.
Other common alcohol-related offenses include the following:
In addition to drunk driving, a student could also face criminal charges for operating a boat while intoxicated. A student defense lawyer in Waco could further explain the legalities surrounding an alcohol-related offense.
Consult With a Student Defense Attorney in Waco Today
If you are a student or the parent of a student facing criminal charges, hiring a Waco student defense lawyer could provide the best chance to prevent these charges from having a long-term negative impact.
When student disciplinary proceedings deal with criminal charges, universities typically allow them to obtain a lawyer to represent them. Hiring a competent and knowledgeable attorney could help you secure a victory in the courtroom or a school disciplinary proceeding. Call today to speak with a member of our legal team and learn more.
Lawyers in College Station and Waco representing cases across Texas
(979) 406-5756
979-779-2000