A Title IX or campus sexual misconduct proceeding is not a criminal case, and treating it like one is a common and costly error. The standard of proof is lower. The rules of evidence do not apply. The decision-maker is an employee of the institution rather than a judge. And the record created in that proceeding — statements, written responses, hearing testimony — can be obtained later by a prosecutor if a criminal charge follows.
Public and Private Institutions Are Not the Same
A public university in New York is a state actor, and a student facing discipline there has constitutional due process protections that a court can enforce. A private university is not a state actor; the student s protections come from the institution s own published procedures, enforced as a matter of contract and, in New York, through an Article 78 proceeding. That distinction changes what can be argued and where.
The Parallel Criminal Risk
Where the same allegation is under review by police or a district attorney, everything said in the campus process is discoverable. A respondent who answers questions candidly in a hearing room can hand a prosecutor a transcript. Sequencing the two proceedings, and deciding what is said in which, is the central strategic problem in these matters.
What an Advisor Can and Cannot Do
Institutional policies define the role an advisor may play, and the policies differ. Some permit an advisor to conduct cross-examination; others limit the advisor to consultation. Reading the institution s policy before the first meeting determines what is possible.
Pages in This Section
The pages below address specific New York institutions and the procedures each publishes.
Frequently Asked Questions
Is a Title IX finding a criminal conviction?
No. A Title IX or campus misconduct finding is an institutional determination. It is not a criminal conviction and carries no criminal sentence, but it can end enrollment and appear in academic records.
Can what I say in a campus hearing be used in a criminal case?
Yes. Statements made in a campus proceeding are not privileged and can be obtained by a prosecutor. Where a parallel investigation exists, that risk shapes what is said and when.
Does it matter whether the school is public or private?
It matters considerably. A public university is a state actor subject to constitutional due process. A private university is bound by its own published procedures, which are enforced as a contractual matter and reviewed in New York through an Article 78 proceeding.
About Mr. Sris
Mr. Sris is the founding attorney of Law Offices Of SRIS, P.C., a firm practicing since 1997. He is a former prosecutor and is admitted in Virginia, Maryland, the District of Columbia, New Jersey and New York. Of Counsel attorneys contract directly with the firm and handle matters alongside him.
Speak With Mr. Sris
A campus proceeding can end a degree and can generate a record a criminal court later reads. Request a consultation. Reach our location at (888) 437-7747. Consultations are by appointment.
Last reviewed: August 24, 2026.
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