What Happens If I’m Accused of a Title IX Violation at My University?

Learn what to expect in a Title IX investigation, from notice to hearing, and how to protect your rights with legal guidance.

Facing a Title IX Accusation: What It Means

Getting an email or letter that you’ve been accused of a Title IX violation can feel overwhelming. Title IX cases usually involve allegations of sexual misconduct, harassment, or discrimination in education. If you’re a student, faculty member, or staff at a university, the process can impact your reputation, your education, and even your future career.

Step 1: Notice of Investigation

You’ll typically receive a Notice of Investigation (NOI) from your school’s Title IX office. This document outlines the allegation and tells you what rules you’re accused of violating. Many accused individuals immediately want to explain themselves to set the record straight, but remember, anything you say early on can (and will) be used against you later in the process.

Step 2: The Investigation

The school assigns an investigator who will interview the complainant, the respondent (you), and any witnesses. They also review evidence such as text messages, emails, and social media posts. Unlike in criminal court, schools often use a “preponderance of evidence” standard, meaning the decision can turn on whether they believe something was “more likely than not” or, as they like to say, “50% plus a feather.” 

Note: Most schools also offer an alternative or informal resolution process if both parties and the school agree that it’s appropriate. This approach allows for resolution of complaints through tailored solutions, such as negotiations, facilitated discussions, mediation, or restorative practices, and can lead to non-disciplinary outcomes such as agreed-upon boundaries, educational measures, or other remedies instead of disciplinary sanctions. 

Step 3: The Hearing

After the investigation, the school will ordinarily hold a hearing. You’ll have the chance to present your side, question witnesses, and respond to the evidence in front of an adjudicator who is supposed to be neutral. In many cases, you are allowed an advisor, often an attorney, who can cross-examine witnesses on your behalf.

Step 4: Outcome and Sanctions
Possible outcomes range from a finding of “not responsible” to sanctions such as probation, suspension, or expulsion. If you’re a faculty member, you could face demotion, salary reduction, loss of tenure, or termination.

Step 5: Appeals

Most proceedings allow for an appeal, but the window is typically short. Appeal grounds often include new evidence, procedural errors, bias in the investigation or hearing, or disproportionality of the sanction.

Why You Need a Title IX Lawyer

Although the process may seem simple, Title IX investigations and adjudications are complex and oftentimes unfair to the accused. Respondents are commonly denied access to critical evidence and the opportunity to cross-examine witnesses, and school decisions are far from impartial. 

Take, for instance, a recent Title IX case at the University of California, Santa Barbara (UCSB). UCSB accused a student of domestic violence under Title IX. However, the alleged “victim” did not file a complaint, was not a UCSB student, and did not participate in the investigation or hearing. The only evidence presented were two emails from a campus police officer purporting to summarize a Sheriff's report, but the Sheriff's report was never produced. No witnesses participated in the investigation or the hearing. Despite the total lack of evidence, and without testimony from the accuser, UCSB still found the student responsible and expelled him from the University of California. 

Our firm filed a writ of mandate to challenge UCSB’s decisions. (Doe v. Margaret Klawunn, et al., Alameda Superior Court, Case No. 23CV037716) The court agreed that UCSB had denied the student a fair hearing, explaining that it was unfair for the hearing officer to rely on double and triple hearsay (emails summarizing a police report) without any direct testimony or authenticated evidence. The court also found that the expulsion sanction was unnecessarily punitive, especially considering that Doe had already completed his coursework at UCSB and was simply awaiting conferral of his earned bachelor’s degree. The court ordered UCSB to set aside its decision. 

If you’re facing a Title IX accusation, a Title IX defense attorney can help you:

• Understand and assert your rights from the start

• Prepare you for interviews and hearings

• Take legal action to protect your education and future opportunities

If you’ve been accused of a Title IX violation, contact Hathaway Parker for confidential legal counsel.