For students and faculty accused of misconduct, the process can be confusing, intimidating, and potentially devastating. Universities often begin investigating allegations before the accused individual fully understands the allegations, the evidence, or the potential disciplinary consequences.

If you have received notice of a Title IX complaint, what you do next matters.

At Conaway & Strickler, PC, we understand the serious consequences of allegations of sexual misconduct and the importance of protecting an accused individual’s rights from the earliest stages of an investigation.

What Is a Title IX Investigation?

Title IX is a federal civil rights law that prohibits sex discrimination in education programs and activities receiving federal financial assistance.

Colleges and universities use Title IX procedures to address certain allegations of sex-based harassment and discrimination, including sexual misconduct.

Depending on the allegations, the institution’s policies, and the applicable federal regulations, an investigation may involve:

• Allegations of sexual assault or nonconsensual sexual contact
• Sexual harassment
• Dating violence or domestic violence
• Stalking
• Sex-based discrimination or retaliation
• Other conduct covered by the institution’s Title IX policies

Not every allegation of sexual misconduct falls within Title IX’s jurisdiction. Universities may also investigate conduct under separate student codes of conduct, faculty disciplinary policies, or institutional sexual misconduct procedures.

Understanding which policies apply is one of the first critical steps in developing a defense.

How Does a Title IX Investigation Begin?

A Title IX matter may begin when a student, faculty member, employee, or another individual reports alleged misconduct to a university’s Title IX office.

Depending on the circumstances, the university may conduct an initial assessment, offer supportive measures, or initiate formal grievance procedures.

The accused individual, commonly referred to as the respondent, may receive written notice identifying the allegations and applicable institutional policies.

Before responding to the allegations, the respondent should understand exactly what conduct is alleged and which procedures govern the investigation.

A university’s initial notice may not contain every detail of the allegations or all evidence that will eventually be considered.

We can help evaluate the notice, identify procedural protections, and prepare an appropriate response.

What Happens During a Title IX Investigation?

Although procedures vary by institution and governing regulations, a Title IX investigation commonly involves several stages.

1. Notice of Allegations

The university provides notice of the allegations and information about the applicable grievance process.

The notice may identify the parties involved, the alleged conduct, relevant dates, and the institutional policies allegedly violated.

2. Interviews With the Parties and Witnesses

Investigators may interview the complainant, respondent, and individuals believed to possess relevant information.

Questions may address:

• The relationship between the parties
• Communications before and after the alleged incident
• Whether consent was given or withdrawn
• Alcohol or drug consumption
• Witness observations
• Text messages, photographs, or social media communications
• Prior interactions between the individuals

Statements made during these interviews can become central evidence in the university’s disciplinary proceedings.

Respondents should avoid assuming that an interview is simply an informal opportunity to explain their side of the story.

3. Collection and Review of Evidence

Investigators may collect electronic communications, witness statements, documents, photographs, and other relevant evidence.

In sexual misconduct cases, text messages, social media communications, location information, and contemporaneous statements may be particularly important.

An effective defense requires more than simply denying the allegations. It may require identifying inconsistencies, preserving favorable evidence, and ensuring that investigators consider relevant information supporting the respondent’s account.

4. Investigation Report and Disciplinary Proceedings

Depending on the governing procedures, the university may prepare an investigative report, provide an opportunity to review relevant evidence, and conduct a hearing or other decision-making process.

The applicable regulations and institutional policies determine the required procedures, including whether live questioning or a hearing is available.

5. Determination and Possible Sanctions

Following the applicable process, the university determines whether the respondent violated its policies.

Possible consequences may include:

• Disciplinary probation
• Restrictions on campus activities
• Removal from athletic teams or university organizations
• Suspension
• Expulsion
• Termination of faculty or staff employment
• Restrictions affecting future educational or professional opportunities

The specific consequences depend on the institution, the findings, and the policies involved.

Can You Be Expelled Without Being Criminally Charged?

Yes. A university disciplinary proceeding is separate from a criminal prosecution.

A student may face suspension or expulsion even if law enforcement never files criminal charges.

University disciplinary proceedings also generally apply a different burden of proof from criminal prosecutions.

Criminal convictions require proof beyond a reasonable doubt. University proceedings may use the preponderance-of-the-evidence standard or another standard permitted by the applicable rules.

As a result, an individual may face serious educational consequences even when the evidence would not support a criminal conviction.

Can a Title IX Investigation Lead to Criminal Charges?

Yes.

Some allegations investigated by universities may also constitute criminal offenses under Georgia or federal law.

For example, allegations involving sexual assault, sexual battery, stalking, or unlawful recording may lead to a separate law enforcement investigation.

This creates a particularly serious concern for respondents.

Statements made to university investigators may later become relevant to a criminal investigation or prosecution.

Unlike a police interrogation, a university interview does not necessarily trigger the same constitutional safeguards associated with custodial questioning by law enforcement.

A respondent may therefore face competing concerns: participating in a university investigation to defend against disciplinary sanctions while avoiding statements that could be used in a criminal case.

Where potential criminal exposure exists, obtaining advice from experienced criminal defense attorneys like Conaway & Strickler, PC before participating in an interview is especially important.

Do You Have the Right to an Attorney During a Title IX Investigation?

The right to have an attorney participate in university proceedings depends on the applicable Title IX regulations, institutional policies, and other governing law.

Even when a university permits an attorney to serve as an advisor, the attorney’s role may be limited by the procedures governing the case.

An attorney can nevertheless provide important assistance outside the university’s formal proceedings, including:

• Reviewing the allegations and disciplinary policies
• Preparing the respondent for investigative interviews
• Identifying and preserving favorable evidence
• Evaluating witness statements and communications
• Addressing procedural irregularities
• Advising on potential criminal exposure
• Assisting with written responses and appeals

Early representation can be especially important when a student or faculty member faces both university discipline and possible criminal prosecution.

Five Mistakes to Avoid During a Title IX Investigation

1. Participating in an Interview Without Preparation

An accused student or faculty member may believe that immediately providing a detailed explanation will resolve the allegations.

However, an unprepared interview can create inconsistencies or statements that are later misunderstood or used against the respondent.

2. Deleting Text Messages or Social Media Communications

Electronic evidence can be critical in sexual misconduct investigations.

Deleting communications may destroy potentially favorable evidence and create additional disciplinary concerns.

Preserve relevant communications, including messages that appear unfavorable, and consult counsel about appropriate collection and disclosure.

3. Contacting the Complainant

Attempting to resolve allegations directly with the complainant may violate university no-contact directives or lead to additional allegations of intimidation or retaliation.

Even well-intentioned communications can complicate the defense.

4. Assuming the University Will Discover All Favorable Evidence

Respondents should not assume that investigators will independently locate every relevant witness, communication, or document.

Identifying and preserving exculpatory evidence early may be essential.

5. Waiting Until a Disciplinary Hearing to Hire an Attorney

By the time a hearing is scheduled, investigators may already have collected evidence, conducted interviews, and prepared their findings.

Legal representation during the investigative stage can help identify important issues before the record is substantially developed.

Facing a Title IX Investigation in Georgia? Contact Conaway & Strickler, PC

A Title IX allegation can place your education, career, and reputation at risk. In some cases, the same allegations may also expose you to a criminal investigation.

Responding effectively requires an understanding of the university’s disciplinary procedures, the available evidence, and the potential legal consequences of statements made during the investigation.

Conaway & Strickler, PC represents individuals facing serious criminal allegations and investigations in Georgia. Our attorneys understand the importance of protecting a client’s rights when allegations of misconduct threaten both professional opportunities and personal freedom.

If you are a student, faculty member, or professional facing a Title IX investigation, contact Conaway & Strickler, PC to discuss your situation and available legal options.

Do not wait until the university has completed its investigation to seek legal advice.

Major Changes to Title IX Regulations: What the 2026 Rules Mean for Accused Students

Title IX procedures have undergone significant legal changes in recent years.

On January 9, 2025, a federal district court vacated the Biden administration’s 2024 Title IX regulations nationwide, restoring the applicability of the 2020 regulatory framework.

On September 29, 2026, the U.S. Department of Education formally recodified the earlier Title IX regulations in 34 C.F.R. Part 106.

Under the current federal framework, students accused of sexual harassment in covered postsecondary Title IX proceedings generally receive important procedural protections, including:

• Written notice of the allegations before the required initial investigative interview
• A presumption that the respondent is not responsible until a determination is reached
• An opportunity to present relevant evidence and witnesses
• Access to evidence directly related to the allegations, subject to applicable rules
• A live hearing with advisor-conducted questioning in covered postsecondary proceedings
• A written determination explaining the findings and rationale
• An opportunity to appeal on specified grounds

The regulations also generally require institutions to use the preponderance-of-the-evidence standard unless they use the clear-and-convincing-evidence standard for all comparable proceedings, including those involving employees.

These protections are particularly important because a university’s determination can have lasting educational and professional consequences.

Students facing a Title IX investigation should understand that the university must follow the governing federal regulations and its applicable institutional policies. Procedural violations, conflicts of interest, or failures to consider relevant evidence may provide important grounds for challenging an adverse determination.

Here are some basic terms of the process:

Complainant: the individual(s) making the allegation

Respondent: the individual(s) against whom the allegation is made who is responding to the allegation

Witness: an individual who has direct knowledge of or information about the allegation being made

Investigator: the individual charged with gathering information, including statements of the complainant, the respondent and witnesses, documents, texts, photos, pictures, images, and recordings, analyzing the information gathered, and determining by a preponderance of the evidence what happened.

Advisor: This is where we come in, we will be your formal advisor on the entire process.

Preponderance: the standard against which information and evidence gathered during the investigation is assessed. The preponderance of evidence standard means “more likely than not.”

The hearings and investigative process is nothing like the criminal justice system. The standard of proof is much lower and court evidence rules are not utilized. The process also moves really quickly. So, contact a knowledgeable education law attorney at Conaway & Strickler, PC to represent you in these proceedings.

Here is a short overview of the process:

• A complaint is filed alleging misconduct or some sort of violation on your part.
• The complaint is reviewed. You may be contacted for an informal discussion, especially if the allegation is a mild infraction, and in some cases, the issue may be resolved here.
• An investigation is conducted.This may be a Dean, a Conduct Officer, an Honor Council, an Academic Progress Committee, an investigator etc.
• An investigative final report is prepared. Statements and other supporting documents are collected/reviewed.
• Formal hearing is scheduled. Each side can “testify'” along with any witnesses.
• The disciplinary panel will make a determination and recommendation of punishment.
• The student will be notified in writing of the punishment.
• The student will have a window of time to appeal, if applicable.
• There may be a separate appeals hearing, after which the decision will be final.

Conaway & Strickler will help students navigating the Title IX process in all undergraduate and graduate arenas nationwide. Contact us now to discuss in more detail.