Understanding the Title IX College Disciplinary Process
For a student who has experienced sexual misconduct, the Title IX college disciplinary process can be confusing and overwhelming. While schools are required to establish procedures for reporting sexual violence, many students lack a full understanding of the reporting options available and what happens after a report is filed. In addition, school policies often distinguish between Title IX sexual misconduct and non-Title IX sexual misconduct, but the significance of this distinction isn’t always clear. As experienced Title IX lawyers, we can help a student navigate the process of reporting sexual misconduct and work to ensure the student’s rights are protected.
The Difference Between Police and Title IX Reports
When it comes to reporting, there is a difference between filing a report with the police and filing a report with a school’s Title IX office. One type of report is not required before the other, meaning that a student can file a report with the school without reporting to the police, and vice versa.
A report to a campus Title IX office will likely trigger a campus investigation that may lead to a campus sexual misconduct hearing. A report to the police will be investigated by law enforcement officers, who will then determine whether there is sufficient evidence for criminal charges to be filed against the perpetrator in a court of law. If criminal charges are filed, the case will then proceed through the criminal justice system.
Exploring Informal Resolutions
A college sexual misconduct lawyer can also provide support and guidance to a student seeking to file a report with a school but interested in an alternative resolution process that doesn’t involve a campus sexual misconduct hearing.
A student pursuing informal resolution can request a variety of conditions for the respondent to agree to. We have years of experience supporting students in the informal resolution context and understand which terms often matter most to individuals who have experienced sexual harassment or sexual assault.
Title IX vs. Non-Title IX Sexual Misconduct
Whether a campus report involves Title IX or non-Title IX sexual misconduct generally depends on where the misconduct occurred: on campus (or in connection with a school’s programs or activities) or off campus.
- On Campus: Reports of sexual misconduct that occurred on campus—such as in a dorm—will be investigated under the school’s Title IX policy, which includes specific procedural requirements. Unless the respondent accepts responsibility for a policy violation, the case will proceed to a hearing where an advisor can conduct cross-examination. It is crucial for sexual assault victims to work with college sexual misconduct lawyers experienced in questioning witnesses.
- Off Campus: A report involving sexual misconduct that occurred off campus—such as in an apartment—will typically be investigated under the school’s non-Title IX policy, which may have fewer procedural requirements. Notably, a school is not required to hold a hearing with cross-examination by student advisors. Although some schools have non-Title IX sexual misconduct policies that mirror their Title IX policies, many do not.
Seek Support from Experienced Title IX Lawyers
A student who has experienced any form of sexual harassment or sexual assault should seek guidance from a Title IX lawyer who can help guide them through the process.
Our Title IX lawyers have successfully handled campus sexual misconduct hearings nationwide, ensuring that students’ rights are protected. If you or someone you know needs guidance in navigating the Title IX process, contact us today for a confidential consultation.