Yes. A college disciplinary case in Texas can overlap with a criminal investigation when the same alleged conduct may violate both university rules and Texas law. A campus conduct office does not file criminal charges, but information connected with a university investigation may also become relevant to police or prosecutors.
At Texas A&M University, student conduct proceedings may take place before, at the same time as, or after related criminal proceedings. The university generally uses a preponderance of the information standard in student conduct proceedings, while the government must prove a criminal charge beyond a reasonable doubt.
For a student in College Station, Texas, this can mean dealing with two separate systems at the same time. What you say, what evidence you provide, and how you respond to university deadlines may affect decisions in the campus case while a criminal investigation is still possible.
The Greening Law Group represents students facing criminal accusations and related disciplinary concerns in College Station. Learn more about student defense at:
https://www.craiggreeninglaw.com/college-station-student-defense-lawyer/
A Campus Case and a Criminal Case Are Separate
A university disciplinary case is an internal school process. It may involve an alleged violation of a student code of conduct, housing rule, alcohol policy, harassment policy, academic rule, or another institutional standard.
A criminal case is separate. Police investigate suspected violations of Texas law, prosecutors decide whether criminal charges should be pursued, and criminal courts resolve those charges.
The two systems also use different procedures and standards of proof.
At Texas A&M University, student conduct proceedings generally use a preponderance of the information standard. This means the university determines whether the credible information shows that it is more likely than not that a student violated the Student Conduct Code.
In a Texas criminal case, the prosecution must prove each element of the charged offense beyond a reasonable doubt.
Because the systems are separate:
- A student may face university discipline even when no arrest occurs.
- A criminal investigation may continue even if the university does not find the student responsible for a conduct violation.
- A university case does not automatically mean that criminal charges will be filed.
- The outcome of one proceeding does not necessarily control the outcome of the other.
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About UsHow Can a College Disciplinary Matter Reach Law Enforcement?
A campus complaint may begin with information provided to a professor, resident adviser, coach, university employee, campus security officer, Title IX office, student organization, roommate, or another student.
Whether that information reaches law enforcement depends on the facts, the type of allegation, applicable law, and university procedures.
Possible criminal exposure may arise when the reported conduct involves allegations such as:
- Assault or family violence
- Sexual assault or another sex offense
- Drug possession or distribution
- DWI or another alcohol-related offense
- Theft or property damage
- Stalking, harassment, or threats
- Hazing
- Weapons offenses
Texas Education Code Section 51.252 requires certain employees of postsecondary educational institutions to report information involving alleged sexual harassment, sexual assault, dating violence, or stalking to the institution’s Title IX coordinator or deputy Title IX coordinator when the statutory requirements apply.
The law contains exceptions and special rules for certain confidential or protected communications. A report to a university Title IX office is also not the same thing as filing criminal charges.
Depending on the circumstances, a university may separately cooperate with law enforcement or respond to lawful requests for information.
If you are facing an accusation involving alleged sexual conduct, you can review the firm’s College Station sex crimes defense information at:
https://www.craiggreeninglaw.com/college-station-sex-crimes-lawyer/
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Can Statements Made to a College Be Used in a Criminal Case?
Potentially.
A conversation with a dean, conduct officer, university investigator, or administrator is not automatically protected in the same way as a confidential conversation between you and your attorney.
Information created or collected during a university proceeding may become relevant to a criminal investigation. Whether particular material can ultimately be obtained or admitted in court depends on the circumstances and applicable evidentiary and constitutional rules.
Potentially relevant material may include:
- Written responses submitted through a student conduct portal
- Emails and text messages
- Statements made during university interviews
- Social media posts
- Security video or residence hall footage
- Witness statements
- Photographs
- Location information
- Records involving alcohol, drugs, or property
This creates a difficult situation for students. A university may impose its own response deadlines or participation requirements while a criminal investigation is unresolved.
A statement that appears helpful in a campus proceeding can create additional issues if police or prosecutors later examine it.
Before giving a detailed written, recorded, or oral account of an incident that could involve criminal conduct, consider speaking with a defense attorney who can evaluate both proceedings.
For allegations involving controlled substances, visit:
https://www.craiggreeninglaw.com/college-station-drug-crimes-lawyer/
What If the Police Have Not Contacted You Yet?
No police contact does not establish that a criminal investigation is closed or that one will not begin.
Law enforcement may gather information before contacting the person accused of an offense. Depending on the circumstances, investigators may interview witnesses, review recordings, seek records, examine electronic communications, or determine whether the available evidence establishes probable cause.
If you receive a serious university disciplinary notice involving conduct that could also violate Texas criminal law, preserve relevant information.
Consider taking the following steps:
- Read the entire university notice.
- Record every response, hearing, and appeal deadline.
- Preserve texts, emails, photographs, videos, receipts, and other relevant records.
- Keep copies of university communications.
- Identify people who may have relevant information.
- Do not delete or alter potential evidence.
- Avoid discussing the allegations on social media.
- Follow university no-contact directives and interim restrictions.
- Comply with applicable court orders.
- Seek legal advice before providing a detailed statement if criminal exposure may exist.
If the underlying allegation involves a fight or physical confrontation, visit:
https://www.craiggreeninglaw.com/college-station-assault-lawyer/
The Fifth Amendment and College Disciplinary Proceedings
The Fifth Amendment protects a person against compelled self-incrimination by the government. How that protection applies during a university disciplinary proceeding depends on the institution, the circumstances, and the relationship between the campus proceeding and any government investigation.
Texas A&M University is a public university, but a student conduct proceeding is not the same as a criminal prosecution.
The practical issue is often timing. A student may be asked to explain an incident to the university while police are investigating the same conduct or while a criminal investigation remains possible.
That can create competing concerns. Responding to the university may affect the campus proceeding, while making detailed statements may create information that becomes relevant elsewhere.
A criminal defense attorney can review:
- The conduct notice
- The allegations
- University deadlines
- Available evidence
- Applicable university procedures
- Any contact from law enforcement
- Potential criminal exposure
Understanding those issues before providing a detailed account can help you make a more informed decision.
Texas Law Provides Procedures for Certain University Misconduct Cases
Texas Education Code Section 51.286 establishes procedures for postsecondary institutions that initiate disciplinary proceedings involving allegations of sexual harassment, sexual assault, dating violence, or stalking.
When the statute applies, the institution must provide the accused student and the alleged victim with a prompt and equitable opportunity to present witnesses and other relevant evidence.
The institution must also provide reasonable and equitable access to relevant evidence in its possession, subject to lawful redactions. That evidence may include statements, electronically stored information, written or electronic communications, social media posts, and physical evidence.
The law also requires reasonable steps to protect the student and alleged victim from retaliation and harassment while the disciplinary process is pending.
These procedures do not convert a university disciplinary case into a criminal trial. University proceedings remain governed by institutional rules and applicable education law, while a criminal case is governed by separate constitutional, statutory, procedural, and evidentiary rules.
Can Texas A&M Discipline a Student While a Criminal Case Is Pending?
Yes.
Texas A&M University’s Student Conduct Code states that conduct proceedings may occur before, simultaneously with, or after related civil or criminal proceedings.
The university also recognizes that the same factual situation may involve a possible violation of criminal law and a possible violation of the Student Conduct Code.
This means a student should not assume that the university will delay its process simply because police are investigating or a criminal case is pending.
Deadlines in the campus process may continue while the criminal matter remains unresolved.
Can a Campus Case Continue If Criminal Charges Are Dismissed?
Yes.
Texas A&M’s Student Conduct Code states that university determinations and sanctions are not automatically changed because related criminal allegations were dismissed, reduced, or otherwise resolved in favor of or against the criminal defendant.
The reason is that the university and criminal justice system are separate proceedings with different purposes, rules, and standards.
The reverse may also occur. A university may determine that there is insufficient information to find a conduct violation while law enforcement continues investigating whether Texas criminal law was violated.
Depending on the institution and allegation, university sanctions may include measures such as:
- A warning
- Conduct probation
- Educational requirements
- Restrictions on university activities
- Housing-related consequences
- Suspension
- Dismissal from the institution
The available sanctions and procedures depend on the institution’s current rules and the facts of the case.
What Should a College Station Student Do After Receiving a Conduct Notice?
A disciplinary notice involving possible criminal conduct deserves careful attention from the beginning.
Start by determining exactly what the university is alleging and when you must respond.
Then preserve the information that may help establish what happened.
Useful steps may include:
- Read every page of the disciplinary notice.
- Identify all deadlines.
- Save emails, text messages, direct messages, photographs, videos, and other relevant electronic information.
- Preserve receipts, transportation records, location information, and other records that may be relevant.
- Keep copies of correspondence with the university.
- Write down the names of potential witnesses.
- Follow no-contact directives and interim restrictions.
- Avoid contacting an accuser if doing so could violate a university directive or court order.
- Avoid discussing the case publicly or on social media.
- Do not destroy, edit, conceal, or alter potential evidence.
- Seek legal advice before making detailed statements if the allegations could also result in a criminal investigation.
The goal is not to ignore the university proceeding. The goal is to understand how decisions in one proceeding may affect the other.
Why Parallel Proceedings Require Careful Decisions
A campus disciplinary proceeding and a criminal investigation can move on different schedules.
The university may require a response within days. Police may not contact you until later. Prosecutors may not make a charging decision until after the campus process has already begun.
This means decisions made early can matter.
An attorney familiar with Texas criminal defense can evaluate whether the allegations potentially violate state law, review communications from the university, assess known evidence, and explain how a proposed response may affect the criminal side of the matter.
No two cases follow exactly the same path. The correct approach depends on the allegation, available evidence, university procedures, law enforcement activity, and any deadlines already in place.
Speak With a College Station Student Defense Lawyer
A college disciplinary case may affect your enrollment, housing, campus standing, scholarships, and future opportunities. When the same allegations could also result in a Texas criminal investigation, you may need to consider both proceedings before making significant decisions.
The Greening Law Group represents students facing criminal accusations and related disciplinary concerns in College Station, Texas. The firm can review the allegations, available evidence, university deadlines, and potential criminal exposure so that you can better understand your options.
Call the College Station office at (979) 773-7010 or visit:
https://www.craiggreeninglaw.com/contact-us/
You can also learn more about student defense services at:
https://www.craiggreeninglaw.com/college-station-student-defense-lawyer/
This article is provided for general informational purposes only. It is not legal advice. Speak with an attorney about the facts of your specific situation.
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