Facing Criminal Charges and University Discipline at the Same Time in Arizona?
A college student accused of misconduct may suddenly find themselves dealing with two very different systems at the same time.
One allegation might result in a police investigation or criminal charges in Tucson or Pima County. That same allegation may also trigger a University of Arizona investigation, a Title IX proceeding, or action under the University's student disciplinary procedures.
For students—and especially their parents—this can be confusing. If the criminal case and university case involve the same allegation, why aren't they handled together? Can the university discipline a student before the criminal case is resolved? Should the student explain their side to the university investigator? What happens if the student believes the university's process is unfair?
The most important thing to understand is this:
The criminal case and university disciplinary proceeding may arise from the exact same allegations, but they are separate proceedings with different rules, procedures, decision-makers, and potential consequences.
When both are happening at the same time, decisions made in one proceeding can affect the strategy in the other. That is why coordination can be so important.
One Allegation Can Create Two Separate Cases
Suppose a University of Arizona student is accused of assaulting another student. The alleged conduct could potentially result in a Tucson Police Department investigation and criminal charges. At the same time, the university may investigate the conduct under its own policies.
The underlying story may be identical.
The proceedings are not.
A criminal case is brought by the government. Depending on the alleged offense, the case might proceed through Tucson City Court, Pima County Justice Court, or Pima County Superior Court. Criminal defendants have constitutional and procedural protections, and the government bears the burden of proving criminal charges beyond a reasonable doubt.
A university disciplinary proceeding operates under a different system.
The university has its own policies governing investigations, findings, hearings, sanctions, and appeals. The procedures that apply may also depend upon the nature of the allegations.
The potential consequences are different, too.
A criminal case can result in consequences such as jail, probation, fines, or a criminal conviction. University discipline may affect a student's ability to remain enrolled, participate in programs, live on campus, maintain particular privileges, or ultimately receive a degree.
For a student facing both proceedings, therefore, the question isn't simply:
“How do I defend myself?”
It is also:
“How do I defend myself in one proceeding without unnecessarily hurting myself in the other?”
Can the University Continue While a Criminal Case Is Pending?
Students sometimes assume that the university must wait for the criminal justice system to determine what happened.
That should not be assumed.
A university disciplinary proceeding is separate from a criminal prosecution. The fact that police are investigating an allegation—or that a criminal case is pending—does not necessarily prevent a university from conducting its own investigation and reaching its own conclusions under the policies applicable to the case.
That can put an accused student in a difficult position.
The student may want to aggressively defend against the university allegations because their education and future are at stake. At the same time, statements made during the university process may be relevant to a pending or potential criminal investigation.
This is one reason students facing parallel proceedings should think strategically before responding.
University Discipline Has a Process—and the Process Matters
Students accused of misconduct frequently become frustrated by what feels like an extremely slow process.
An investigation may involve interviews, document collection, witness statements, reports, opportunities to respond, and additional review. During that period, the student may feel as though nothing is happening.
That can create a powerful urge to do something.
A student might start contacting administrators, emailing investigators repeatedly, requesting meetings with different departments, filing complaints, or asking someone higher in the university to intervene.
But navigating a disciplinary proceeding doesn't necessarily mean trying to make the process move faster.
Sometimes it means recognizing where you are within the process and preparing for the next opportunity to respond.
University policies establish procedures for a reason. Before deciding how to challenge an allegation, it is important to identify the applicable policy, understand what stage the case has reached, determine what happens next, and identify when and how the student is permitted to respond.
There is an important difference between protecting your rights within a process and trying to bypass the process because you don't like where you are in it.
Why Trying to Go Around the University Disciplinary Process Can Backfire
When students believe they have been falsely accused, their instinct is often understandable:
“If I can just explain this to the right person, they'll understand.”
So they send another email.
Then they contact another administrator.
Then they schedule another meeting.
Then a parent contacts someone.
Then they send the investigator additional information.
The result may be a growing collection of statements made by the student before anyone has developed a coordinated strategy.
That can create problems.
Every email or meeting creates another opportunity for misunderstanding. Statements made at different times may be interpreted as inconsistent. An emotional email written in frustration may communicate something very different from what the student intended.
And when a criminal case is also pending, the stakes may be even higher.
More communication is not necessarily better advocacy.
Sometimes the better strategy is to identify the appropriate opportunity to respond, prepare carefully, and make that response count.
Be Careful What You Say When a Criminal Case Is Also Pending
A student facing university discipline may think:
“This isn't court. I'm just explaining what happened to the university.”
But if the same allegation is the subject of a criminal investigation or prosecution, that distinction can be dangerous to overlook.
Imagine that a student describes an incident to a university investigator and later gives a slightly different description to law enforcement.
Perhaps there is an innocent explanation for the difference. Human beings don't tell the same story using precisely identical words every time.
Nevertheless, inconsistent statements can become important evidence.
Similarly, a student trying to explain away one allegation may inadvertently acknowledge another fact that becomes relevant to the criminal investigation.
That does not mean an accused student should automatically refuse to participate in a university proceeding. It means the decision about what to say, when to say it, and how to say it deserves careful consideration when criminal exposure also exists.
The university case cannot always be treated as though it exists in a vacuum.
What If You Believe the University Is Violating Its Own Procedures?
Procedural protections matter.
If a university promises students particular procedural protections, whether those protections have been followed can become an important issue.
But before accusing the university of violating its procedures, it is important to determine whether a violation has actually occurred.
That requires reading the applicable policy carefully.
Among the questions that may need to be answered are:
Which university policy governs this particular allegation?
What stage of the disciplinary process has been reached?
What is the university required to do at this stage?
Has the university actually failed to do it?
Is there a designated procedure for raising an objection?
Does the student have an opportunity to respond later in the process?
Does an objection need to be preserved for a hearing or appeal?
Could raising the issue immediately create strategic problems elsewhere?
Timing matters.
There may be legitimate procedural objections that should be raised. But repeatedly challenging a proceeding before the university has actually taken the action being challenged may accomplish very little.
A lawyer's job isn't simply to object as often or as loudly as possible.
Good advocacy requires determining which objections matter and when they should be made.
What Does “Due Process” Mean in a University Disciplinary Case?
Students sometimes use “due process” to mean that the university should immediately agree with their version of events or dismiss an allegation they believe is false.
That isn't what due process means.
The precise legal protections available depend upon the institution, the nature of the proceeding, applicable law, and the policies governing the case. But fundamentally, procedural fairness concerns the process by which a decision is made.
An unfavorable step in an investigation does not necessarily mean the process has been violated.
For example, an investigator continuing to investigate after receiving a student's response does not necessarily mean the investigator “ignored” the response. Investigation often means gathering information from multiple sources before preparing findings or a report.
Similarly, the fact that a student disagrees with an investigator's preliminary assessment does not necessarily mean the student has been deprived of the opportunity to challenge it.
The important question is often: What does the applicable procedure provide for next?
Understanding that sequence can prevent students from reacting to every development as though it is the university's final decision.
Existing University Probation Can Make a New Case More Serious
Students who already have a disciplinary history need to pay particularly close attention to the possible consequences of a new allegation.
Existing probation or prior disciplinary findings may affect the sanctions available if the university finds another violation.
That makes it important to distinguish between an allegation and a finding.
The existence of a new complaint does not necessarily mean that a new violation has been established. If the university's policies provide an investigative and response process, the student should understand and use that process.
A student concerned about the consequences of a new finding may understandably want to stop the proceeding immediately.
But fear of what could eventually happen is not necessarily a reason to abandon the process designed to determine whether a violation occurred in the first place.
Parents Can Help—But the Student Is an Adult
University disciplinary proceedings can be particularly difficult for parents.
A parent may see their child's education, career, finances, immigration status, or future opportunities potentially at risk and understandably want to intervene.
But college students are generally adults.
Parents can provide tremendous emotional, logistical, and financial support. They can help their student organize documents, remember important facts, and obtain professional advice.
Problems can arise, however, when multiple people begin independently communicating with university officials.
One person contacts the investigator. Someone else emails the dean. A parent calls another office. The student sends separate emails. Different people may be asking different questions or pursuing different objectives.
Instead of strengthening the student's position, those efforts can create confusion.
A coordinated strategy is particularly important when university allegations overlap with a criminal case.
Why Coordinating the Criminal and University Cases Matters
A student facing both university discipline and criminal allegations doesn't necessarily have two unrelated problems.
They may have one factual allegation being litigated in two different systems.
That changes the defense strategy.
An attorney evaluating the criminal case may need to know what the student has already told university officials. University reports, interviews, messages, photographs, witness statements, and other materials may also contain information relevant to the criminal defense.
Likewise, decisions about participating in the university process should be made with an understanding of the criminal allegations.
Sometimes there is a good reason to provide information.
Sometimes there is a good reason to wait.
Sometimes an allegation should be challenged immediately.
Sometimes the better opportunity to challenge it comes at a later stage.
The answer depends upon the facts, the applicable procedures, and the risks presented by both proceedings.
That is what it means to navigate the process.
It does not necessarily mean finding a way around the university's procedures. It means understanding the procedures well enough to know how and when to use them effectively while protecting the student's interests elsewhere.
Facing University Discipline and Criminal Allegations in Tucson?
If you are a University of Arizona student—or the parent of a student—facing university discipline arising from conduct that has also resulted in a police investigation or criminal charges, it is important to consider how the two proceedings interact.
Statements and strategic decisions made in one proceeding may have consequences in the other.
Amanda Bynum is a Tucson criminal defense attorney and the owner of AJB Law Firm, LLC. Her background also includes experience in legal education, giving her a unique perspective when criminal allegations intersect with university proceedings.
AJB Law Firm represents individuals facing criminal allegations in Tucson and Pima County and can help clients evaluate how a parallel university disciplinary proceeding fits into the broader defense strategy.
If you are facing criminal charges or an investigation while simultaneously navigating a University of Arizona disciplinary matter, contact AJB Law Firm to schedule a consultation and discuss your options.
This article provides general information and is not legal advice. University procedures vary depending on the institution, allegations, applicable policies, and circumstances of an individual case. Reading this article does not create an attorney-client relationship.
