Video – Attorney Darryl Stallworth Explains The Administration Process For Sexual Misconduct In Colleges Under Title IX

Ray Hrdlicka – Host – Attorneys.Media

You know, you bring up the interesting cases in regard to universities…you know, college.  Does most of the stuff stop before it gets to the criminal process?  Is there an administrative process first?

Darryl Stallworth – Criminal Defense Attorney – Alameda County, CA

Whenever someone feels like they’ve been taken advantage of, whether it’s physically aggressive or because they’re incapacitated or intoxicated… it starts with some type of counseling at the school level, and it get refers, it gets referred to the police department.  The person who’s making the act of allegation has a choice to either pursue it criminally, or with the school. 

Most coeds…in the college environment, prefer to go through the Title IX investigation, because it’s less troublesome, it’s less embarrassing, and it’s a process that doesn’t require an awful lot of public attention.

Ray Hrdlicka – Host – Attorneys.Media

Well, you’re talking about with the school, or with the courts?

Darryl Stallworth – Criminal Defense Attorney – Alameda County, CA

With the school.  With their school.  Title IX investigations are private.  They are done with the administration and oftentimes an outside firm that comes in as the investigator.  Criminal prosecutions, on the other hand, are very public, they’re acknowledged, and they can be oftentimes in the media because of the different people that are being accused. 

So oftentimes I’ve found that the person who’s making the accusation, they’ve decided that it’s better to pursue the conflict through the school versus through the criminal justice system.