Title IX refers to a federal statute. The original text is fairly simple and straightforward: “No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.” While Title IX [...]

Protections against sexual misconduct, sexual harassment and sexual violence cover students/athletes, faculty, and employees of colleges and universities.

No. While all schools are bound by the federal statute, and must have some Title IX policy, their choice in implementing the requirements can differ in many ways. There are often many similarities between schools, but how they write their policies and who oversees them has drastic effects.  The way schools handle a Title IX [...]

Yes. Some violations of a Title IX policy may also fit the definition of a crime. In the event they do, then the complainant has the right to proceed through Title IX, the criminal courts, or both. Statements or actions you take as part of a Title IX proceeding may adversely impact your ability to [...]

While no two colleges have identical Title IX policies, there are baseline federal requirements that must be followed. Additionally, it is important to refer to your College or University’s specific policy and procedures. Generally, the Title IX process proceeds after an allegation is made that someone on a college campus committed an improper sexual act [...]

You will be notified by someone within or related to the Title IX Office. A statement by the complainant may accompany the allegation, or one may follow. Typically, you can provide an initial response. Because the allegation may impact your future, it is important to consider hiring a Title IX/criminal defense attorney who can assist [...]

Some colleges allow for both “informal” and “formal” processes. A formal process is the default presumption, and the informal route usually requires the consent of all parties involved including you, the complainant, and the college. Informal processes are usually less rigid, provide you with less protections, but also have less serious penalties. In the event [...]

As the formal process continues, school investigators or those similarly trained may investigate the allegation. Besides speaking to the complainant and yourself, they may interview witnesses or review evidence such as emails, text messages, pictures, or other reports. The investigation generates a report which aids the Title IX Office in determining whether to bring formal [...]

If charges are brought, it is common for a Panel to be used. A Panel should be well educated about the school’s Title IX policy and it may consist of professors, supervisory athletic instructors, other employees, and even students. A Panel serves like a “judge and jury”. Their job is to oversee the allegations against [...]

Within such a proceeding, your rights are severely limited as compared to a criminal proceeding. However, there are some protections afforded you including the right to: Be considered not responsible for the charges against you. Have an advisor such as a Title IX lawyer or college representative of your choice. Suggest specific questions be asked [...]