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Baylor > Judicial Affairs > Frequently Asked Questions > Criminal Allegations



Criminal Allegations

1. If my incident involves a violation of law, can I be prosecuted criminally AND also be referred to Judicial Affairs?
2. If my attorney has my case delayed in the courts, isn't the University obligated to wait and see what happens?
3. If my attorney gets my case dismissed in the courts, doesn't Baylor University automatically dismiss my case as well?




Criminal Allegations

1. If my incident involves a violation of law, can I be prosecuted criminally AND also be referred to Judicial Affairs?
Yes. Violations of federal, state, or local laws are adjudicated by a court of law. The Judicial Affairs Office adjudicates violations of university policy and breaking any law is a violation of university policy. To illustrate this better, please consider the following example: a student who is caught selling narcotics could be suspended immediately from Baylor (Baylor University Student Conduct Code) and face criminal charges (Governmental Prosecution) as well.

2. If my attorney has my case delayed in the courts, isn't the University obligated to wait and see what happens?
No, remember that the two processes: governmental prosecution (the courts) and Baylor University Student Conduct Code (Judicial Affairs) are generally separate and distinct. The University has no obligation to await the outcome of governmental prosecution before taking its own disciplinary action.

3. If my attorney gets my case dismissed in the courts, doesn't Baylor University automatically dismiss my case as well?
Not necessarily. The standard of proof used in the courts is different from the standard of proof used by the University. The standard of proof used in criminal trials is: Beyond a reasonable doubt. The standard of proof used by the University is: Preponderance of the evidence. Therefore, it is possible for the two processes to come to different conclusions regarding responsibility.

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