What Rights Do Students Have in a Title IX Hearing?

Discover your rights during Title IX proceedings, including evidence review, cross-examination, and having an advisor.

If you’re facing a Title IX hearing, you might feel uncertain about what you can and can’t do. Many students believe they have no control over the process, but you actually have specific rights guaranteed under federal law and your school’s own policies. Understanding these rights can make a major difference in your defense.

Right to Notice

You have the right to know what you’re accused of. The school must provide a written notice detailing the allegations, the specific policy you’re alleged to have violated, and your rights throughout the process.

Right to Review Evidence

Before the hearing, you have the right to see the evidence collected during the investigation, including witness statements, text messages, and reports. Schools must give you access to this material so you can prepare a meaningful response.

Right to an Advisor or Attorney

You have the right to an advisor of your choice, and many students choose an attorney with Title IX experience. Your advisor can be present at all meetings and can cross-examine witnesses during the hearing. This is critical, because your ability to question the credibility of the evidence can determine the outcome.

Right to a Fair and Impartial Process

Schools are required to use trained, neutral investigators and decision-makers. If you suspect bias, you have the right to raise that concern before or during the hearing.

Right to Appeal

If you’re found responsible, you typically have a short window to appeal based on new evidence, procedural errors, or bias.

Why Legal Representation Matters

Even though Title IX is meant to ensure fairness, many students experience drawn-out investigations, inadequate notice, withheld evidence, or inconsistent procedures. A Title IX defense attorney can protect your rights, prepare your case, and ensure the process is truly fair.

John Doe v. Trustees of the California State University, et al., Los Angeles Superior Court Case No. BS167545 (Sept. 13, 2018)

John Doe and Jane Roe were friends and occasional romantic partners while attending college. In 2016, Roe accused Doe of sexual assault related to an incident in March 2015. The university launched a Title IX investigation, interviewing both parties and several witnesses. The investigator ultimately found Doe responsible for violating the university’s sexual misconduct policy, largely based on Roe’s account and the credibility assigned to her statements. Doe was suspended for one year and barred from contacting Roe.

Doe challenged the process, arguing that the university failed to provide him with adequate notice of the specific allegations, did not allow him a meaningful opportunity to question Roe, and withheld evidence and witness statements until late in the process. He also argued that the findings were not supported by substantial evidence, as the case hinged almost entirely on credibility and there was little corroborating evidence.

The court agreed with Doe on key procedural grounds. It found that the university’s notice was too vague, failing to specify the exact conduct at issue or the policy provisions allegedly violated. The court also determined that Doe was not given a fair opportunity to question Roe, even indirectly, despite the outcome depending on her credibility. Additionally, the university did not provide Doe with all the evidence considered against him in a timely manner, undermining his ability to defend himself.

As a result, the court granted Doe’s petition, ordering the university to set aside its findings and sanctions. Because Doe had already completed his suspension and graduated, the court did not order a new hearing, but made clear that the university’s process had not met the standards of fairness required by law.

This case highlights the importance of due process in campus Title IX proceedings—ensuring students receive clear notice, access to evidence, and a fair chance to respond when their education and reputation are on the line

If you’ve been notified of a Title IX hearing, contact Hathaway Parker for experienced, confidential legal counsel.