Title IX, a federal civil rights law, is designed to prevent sex-based discrimination in education – but it’s also used to address issues between students that involve sexual harassment and sexual assault on college campuses.
Being accused of a Title IX violation can be one of the most stressful and life-altering experiences a college student can face. When a Title IX action is filed against a college student, it sets in motion a complex process that has to be navigated very carefully. Understanding what happens during this process can help accused students know what to expect and how to best participate in their own defense.
The initial notification
The process begins when the complaint is filed either by the alleged victim or someone acting on their behalf. The complaint is usually submitted to the school’s Title IV Coordinator, who will then initiate the investigation and initiate a formal notification to the accused (called the “respondent”). The notification typically includes:
- Details of the allegation: This is critical information since it will usually include specifics of the alleged misconduct, the identity of the complainant and the date or dates that the misconduct allegedly occurred.
- An explanation of the accused’s rights: Respondents have rights in this process, including the presumption of innocence until guilt is proven, the right to legal representation, the right to review the evidence against them and the right to respond to the allegations.
The notice will also outline the next steps in the process, including anticipated timelines for the investigation, potential hearings and possible outcomes. While it can be initially overwhelming to even read through that notice, it’s critical to stay calm and make sure that you understand everything that is being alleged and your rights.
The investigation phase
The investigation into the allegations is generally conducted by trained investigators working with the school. Investigators will typically conduct interviews with both the complainant and the respondent, as well as any witnesses who may have information to contribute. They may also review emails, text messages, social media posts and anything else that might be relevant.
The investigation is supposed to be impartial, with the goal of determining whether or not a Title IX violation actually occurred. Refusal to participate in the investigation can negatively affect the outcome of the case, but it’s equally important to seek legal guidance early on – before the respondent starts talking to investigators.
The hearing
In many schools, the next step is a hearing. Both sides will have a chance to present their case and may be subject to cross-examination. This is where the defense may need to exert the most effort to challenge the evidence and credibility of the allegations.
After the hearing, the panel or adjudicator (depending on the school’s process) will decide if a TItle IX offense occurred.
What happens if there is a finding of a violation?
If the accused is found guilty of a Title IX violation, the consequences can be severe. Sanctions can range from a warning to:
- Probation
- Suspension
- Mandatory counseling
- Loss of campus housing
- Restrictions from certain areas of campus
The violation will also likely be recorded in the accused’s academic file, which could drastically affect their future educational opportunities, whether they want to transfer schools, apply to graduate school, get an internship or when they are seeking professional licensing. The social consequences, too, can be extreme. The accused’s relationships with friends, family, mentors, student peers and faculty may all be damaged.
It’s important to note that respondents do generally have the right to appeal negative decisions in Title IX cases – but it’s far better to take a proactive approach from the start. Experienced legal guidance is essential in Title IX cases.