TITLE IX: Accused of sexual misconduct, harassment, or rape at a university?

The investigation and hearing process for those accused of Title IX complaints can be a harrowing process. It is important to know that you may not only be facing a reprimand, suspension or expulsion (and a permanent notation on your academic record) but you also could be facing criminal charges. It is also important to note that additional final regulations of Title IX became effective August 1, 2024. These changes modified key aspects of Title IX including the role of the advisor. It is therefore very important to fully understand Title IX procedures and securing the right advisor is critical to protecting yourself now and in the future.

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.