A University of Missouri student accused of sexual misconduct can face two cases at once: a Title IX case at the university and a criminal case in Boone County. They move on different timelines, use different standards, and can affect each other. What a student says in one can be used in the other.
This guide explains how MU’s Title IX process works for the accused student, called the respondent, and why the two cases have to be handled together.
The university case
How does the Title IX process work at the University of Missouri?
MU’s Office of Institutional Equity handles Title IX complaints under the University of Missouri System’s Collected Rules, Section 600.030.
- Written notice. The respondent receives written notice of the allegations, including the conduct alleged and the date and location.
- A presumption of non-responsibility. The respondent is presumed not responsible until a determination is made at the end of the process.
- An investigation. An investigator gathers statements and evidence. Both parties get to review the evidence and have ten business days to respond in writing before the investigative report is finished.
- A live hearing. A hearing panel hears from both parties and witnesses.
- The standard. Responsibility is decided by a preponderance of the evidence: whether it is more likely than not that a policy violation occurred.
- Appeal. Within five business days of the determination, on limited grounds such as procedural irregularity, new evidence, or bias.
The university can also impose supportive measures such as no-contact directives or housing and schedule changes, and in limited circumstances an emergency removal, which can be challenged within five business days.
The advisor
Can a lawyer represent a student in a Mizzou Title IX hearing?
Yes. Each party may choose an advisor, and the advisor can be an attorney.
What the advisor does
Under MU’s rule, a party may not question the other party or any witness directly. All cross-examination at the hearing is conducted by the party’s advisor. If a student does not bring an advisor, the university provides one, chosen by the university.
Why it matters
Cross-examination is where the hearing is usually won or lost. An advisor who also understands the criminal case can question effectively without creating problems in the parallel prosecution.
Two cases at once
Should I testify in a Title IX hearing if there is a criminal case?
That is one of the hardest decisions in these cases, and it should not be made without a lawyer who handles both.
Anything a student says in the Title IX process, in an interview, a written response, or at the hearing, may be obtained by prosecutors and used in the criminal case. Staying silent in the university process can have its own costs. MU’s rule provides that the hearing panel will not rely on statements from a party or witness who does not submit to cross-examination, and that no adverse inference may be drawn from declining.
Those rules interact with the right not to incriminate oneself in the criminal case, and the right choice depends on the evidence, the timing of each case, and what is at stake in each. The same is true of the investigation stage: what goes into a written response to the evidence matters in both places.
Which policy applies
Does Title IX cover off-campus conduct at Mizzou?
Not always, but that does not mean the university cannot act.
MU’s Title IX policy covers conduct on campus or in a university program or activity in the United States. Allegations outside that scope can be addressed under other university rules, including the student Standard of Conduct, which reaches some off-campus conduct. The procedures and protections differ between those processes, so the first question is which one the university is using.
First steps
What should a student do after being accused?
- Do not talk to police without a lawyer. See the mistake that ends most defenses.
- Do not contact the complainant, directly, through friends, or on social media, and follow any no-contact directive exactly.
- Do not delete anything. Messages, photos, and location data may matter, and deleting them can create new problems.
- Read every university notice and write down the deadlines. Several are only five or ten business days.
- Get a lawyer before the first university meeting, not after the hearing is scheduled.
Answers
Mizzou Title IX questions we hear
Can I have a lawyer in a Mizzou Title IX hearing?
Yes. Each party may have an advisor of choice, who may be an attorney, and the advisor conducts all cross-examination at the hearing.
What standard does MU use in Title IX cases?
A preponderance of the evidence, meaning whether it is more likely than not that a policy violation occurred. The respondent is presumed not responsible until the process ends.
Can what I say in a Title IX case be used in a criminal case?
It can. Statements in the university process may be obtained by prosecutors, which is why the two cases should be handled together.
How long do I have to appeal a Title IX decision at Mizzou?
Five business days from the notice of the determination, on limited grounds set out in the university’s rule.
Can my parents be my advisor?
An advisor does not have to be a lawyer, but the advisor conducts the cross-examination at the hearing. Given what is at stake in both cases, most students are better served by an attorney.
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Attorney advertising. The choice of a lawyer is an important decision and should not be based solely upon advertisements. This article is general information based on the University of Missouri System’s Collected Rules as published, not legal advice, and it does not create an attorney-client relationship. University procedures and federal Title IX rules can change. Vindex Law, PC is not affiliated with the University of Missouri.
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