If I Get Kicked Out of College for Sexual Assault, Will I Go to Jail?

 Posted on March 07, 2025 in Sex Crime Charges

Many college students accused of sexual misconduct find themselves facing disciplinary action from their university, often leading to suspension or expulsion. But being kicked out of school is not the same as being charged with a crime. If you have been accused of sexual assault at the University of Tennessee or another school, you may be wondering whether your case will also lead to criminal charges.

The short answer is that Title IX proceedings and criminal cases are completely separate, but the outcome of one can sometimes affect the other. If you are facing either a school investigation or a criminal investigation—or both—you need to understand your rights and how a Tennessee criminal defense attorney with experience in defending college students can help.

What Is Title IX?

Title IX is a federal law that prohibits sex discrimination in education. Over the years, it has been used to address allegations of sexual assault and harassment on college campuses. Schools are required to investigate claims of sexual misconduct and take action when they believe a student has violated university policies.

The way schools handle these cases has changed with different presidential administrations. Because these rules continue to change, students accused of sexual misconduct may face different processes depending on when their case is handled and what university policies are in place at the time.

How Is a Title IX Investigation Different from a Criminal Case?

A Title IX investigation is conducted by your university, not the police. The school’s main concern is whether you violated its own policies, not whether you committed a crime. Schools use a lower standard of proof, meaning they do not have to prove guilt "beyond a reasonable doubt" like in a criminal court. Instead, they only need to determine whether it is "more likely than not" that a violation occurred.

If a school finds you responsible for sexual misconduct, you may face expulsion, suspension, or other disciplinary actions, but you will not go to jail based on a Title IX ruling alone. However, schools can and do share their findings with law enforcement, and in some cases, the police may open a separate criminal investigation.

A criminal case is handled by law enforcement and the courts. If the police receive a report of sexual assault, they may investigate and refer the case to the district attorney. If you are charged, you will go through the criminal justice system, which can lead to serious penalties, including prison time and mandatory sex offender registration.

What Should You Do If You Are a College Student Accused of Sexual Assault?

If you have been accused of sexual assault at your university, do not assume that just because it is a school matter, it will stay that way. Even if you are not charged with a crime right away, an investigation by your school can still harm your future and lead to criminal consequences later.

An attorney can help by:

• Protecting you from criminal charges – Even if the police are not involved yet, a university investigation could lead to criminal charges. An attorney can guide you on what to say (or what not to) to protect yourself.

• Casting doubt on the allegations against you - Claims of sexual assault by college students are often based on he-said she-said situations involving alcohol use. Real evidence may be slim or nonexistent. An attorney can help gather evidence refuting the accusations against you and work at nipping a police investigation in the bud.

• Defending you in court – If you are arrested or charged, a criminal defense lawyer can fight to get charges dropped, negotiate a plea deal, or defend you in trial.

Contact a Knox County, TN Criminal Defense Attorney for a Free Consultation

If you have been accused of sexual assault at the University of Tennessee or another college, do not wait to get legal help. Whether you are dealing with a Title IX investigation, a criminal case, or both, the consequences can be life-changing. At The Baker Law Firm, our Knoxville, TN criminal defense lawyer helps students fight back against unfair accusations and defend their futures. Call 865-200-4117 today for a free consultation to discuss your case.