Students and faculty/employees who are accused of sexual assault or sexual harassment in schools and colleges within the United States have a set of rights afforded to them under federal Title IX laws. Title IX requires schools and colleges to conduct a thorough and impartial investigation, to move at a reasonable speed, to collect evidence, and to offer both parties the opportunity to provide statements or interviews. The decision maker who ultimately decides if the accused person should be found responsible or not responsible for the Title IX allegation must be someone other than the person who conducted the investigation.

Yes. Being fired or expelled are real possibilities for people accused of sexual assault and sexual harassment in the school or college setting. It is important to have an experienced Title IX attorney represent you at any interviews or hearings. The Title IX attorneys will have experience in putting together investigations and defending against accusations. Saying the wrong thing, or saying too much or too little, during the course of the investigation can lead to expulsion or termination from employment at the school and college level.

If the complainant files a “formal” complaint, the charges will not be dropped unless the school or college determines that the allegation, if true, does not amount to a Title IX violation. However, if both parties agree to an informal resolution, sometimes the Title IX Office will be amenable to negotiating a resolution between the complainant and respondent. Both parties need to agree, and the allegations cannot be between a student and staff member/faculty.

It depends. Currently, Title IX requires a hearing at the college and university level. Title IX does not require a hearing a the elementary, middle school, or high school level. Title IX laws are constantly changing, so it is important to ask a Title IX attorney what the current law is regarding hearings.

Yes. If either the complainant or respondent is unhappy with the results of the Title IX process, he or she can appeal. It is important to review the fine print in the written decision, which will specify the timeline and method for appealing. Usually the timeline for appealing is only a few days. The appeal goes to someone who was not involved in the Title IX case up to that point. At the elementary through high school level, for example, the appeal authority is often the Superintendent.

Yes. You can sue a school or college for failing to follow Title IX. SBBL Law does not currently take Title IX lawsuits. However, another option is to file a complaint with the Office for Civil Rights (OCR) at the Department of Education. Filing an OCR complaint means that OCR will review the claim for a violation of Title IX laws and procedures, and, if OCR accepts the case, it will conduct its own investigation of what happened. An OCR complaint must be filed within 180 days of the last action in the Title IX case. The OCR complaint process can help determine whether the person has a viable Title IX lawsuit or not.