WVU Title IX Investigations and Criminal Charges: Preparing for Both
A university misconduct allegation may also draw attention from WVU Police, Morgantown Police, or another agency. Your student may face university interviews while a criminal investigation is pending.
Decisions in one matter can affect the other. Before providing a detailed statement, ask counsel to evaluate both proceedings.
University Proceedings and Criminal Cases Are Different
A university proceeding addresses alleged policy violations. A criminal case addresses an alleged violation of criminal law. The procedures, decision-makers, and proof requirements differ.
Do not assume the absence of criminal charges prevents university action. A university resolution does not automatically bind police or prosecutors.
WVU May Continue While Police Investigate
WVU’s published Title IX procedure states that a separate law enforcement investigation does not ordinarily stop its investigation and resolution process, although circumstances may justify a temporary delay while police gather evidence.
Track both matters. If a postponement is appropriate, request it through counsel. Do not treat a request as granted until confirmation is received.
Review Statements Before Submitting Them
A university response, recorded interview, or agreement may contain statements relevant to a criminal investigation. Do not assume a university conversation carries attorney-client confidentiality.
Counsel should assess participation and disclosure issues before a student gives an account intended to protect enrollment. Do not ignore notices or compulsory documents. The correct response depends on the source and applicable obligations.
Preserve Evidence for Both Proceedings
Keep complete messages, photographs, notices, and other records. Give counsel witness information and identify possible surveillance footage promptly.
Do not delete material, pressure another person to withdraw, or coordinate accounts. Those actions can create additional problems and undermine the defense.
Coordinate Legal Representation
Ask whether the engagement includes criminal defense, university advice, hearing representation, or an appeal. If separate attorneys are involved, discuss how they will coordinate strategy and appropriate information sharing.
A university advisor is not automatically responsible for defending a criminal case.
Questions Parents Often Ask
Does a Title IX Finding Mean My Student Has a Criminal Record?
A university finding is not itself a criminal conviction. Ask counsel to distinguish disciplinary records from police or court records.
Should My Student Talk to Police to Clear Everything Up?
Obtain advice before a voluntary investigative interview. An informal conversation is not necessarily risk-free.
Discuss Both Matters With Frank Walker Law
Call (304) 413-0179 for a free consultation. Provide university notices, police communications, and court documents so related issues can be assessed together.
More guidance: WVU Title IX Defense Attorney in Morgantown: Guidance for Students and Parents