Do I Need a Lawyer for a Title IX or Other Discipline Matter?
Explore why having a Title IX attorney at investigations and hearings matters, and what role your lawyer can play.
Under university Title IX and most conduct policies, students are entitled to have an advisor of their choice during the resolution process. This includes meetings, interviews, hearings, and proceedings related to misconduct cases.
Universities often say you don’t need an attorney as your advisor. They tell you anyone who can provide support and guidance (like a parent or friend) is enough. But what they don’t explain is how complicated and high-stakes these cases really are. In a process this complex and consequential where your education and future are at risk, having an attorney advisor isn’t a luxury; it’s essential to protect your rights.
What’s at Risk in a Title IX Case
Title IX hearings cover allegations like sexual misconduct, harassment, or discrimination. A finding of “responsible” can lead to suspension or expulsion for students, or termination for faculty. Even if you stay enrolled, the mark on your record can impact graduate school, jobs, or professional licensing.
What a Title IX Attorney Actually Does
Prepares you for investigation interviews so you know how to respond to the allegations and don’t say something that could get misconstrued or taken out of context.
Reviews evidence like text messages, emails, and witness statements to spot strengths and weaknesses in your case.
Asserts your rights by objecting to unfair procedures and demanding equal treatment.
Prepares you for the hearing by helping you draft opening and closing statements and questions for witnesses.
Cross-examines witnesses on your behalf (many schools require the advisor/attorney to do this during the hearing).
Assists with appeals if the university makes a procedural error or reaches an unfair decision.
Without a Lawyer, What Could Happen?
Many students try to handle Title IX cases alone. The problem? Universities often use lower standards of evidence than criminal courts, and administrators may not be neutral. Without a skilled defense, you can lose your education and future opportunities. A licensed legal professional can also provide legal advice, represent you in external legal matters, negotiate settlements, and protect your legal rights beyond the school’s process.
We spoke with one student who faced a Title IX hearing believing the university’s reassurance: “You don’t need a lawyer, any supportive person will do.” The student chose a trusted family friend as his advisor, thinking emotional support was enough. Unfortunately, the process was far more complex than either of them realized.
From the start, mistakes piled up. The student went into his investigation interview unprepared and later changed key details in his account; those inconsistencies severely undermined his credibility and became a decisive factor in the adverse outcome. When procedural errors occurred (i.e., deadlines missed, witnesses not interviewed) the advisor didn’t object. The advisor never requested the full evidence packet, leaving the student blindsided by documents introduced just before the hearing. Crucial evidence the student had gathered was never submitted because the advisor misunderstood submission requirements. During the live hearing, the advisor asked questions during cross-examination that benefitted the complainant, and failed to ask key questions that could have exposed inconsistencies in her story. And the advisor, believing an appeal was futile, counseled the student not to appeal.
The outcome was devastating: the student was expelled. When he tried to challenge the decision in court, the record reflected that he had an advisor, even though that advisor’s missteps crippled his defense. Courts rarely overturn university decisions absent clear procedural violations, and the advisor’s errors made it nearly impossible to argue that the student was denied a fair process.
What seemed like a cost-saving choice became a life-altering mistake. Without an attorney advisor, the student lost not only his case but his academic future.
If you’ve been notified of a Title IX investigation or have an upcoming hearing, contact Hathaway Parker for confidential legal counsel.
