Common Title IX Allegations

At Saland Law, our Title IX advisor understand the emotional, reputational, and legal toll that Title IX allegations involving dating violence or sexual assault, for example, can inflict on both complainants and respondents. Headed by criminal defense attorney, former Manhattan prosecutor, and respected Title IX advisor Jeremy Saland, our firm is uniquely positioned to handle the intricacies of Title IX proceedings nationwide. Whether you are a student, faculty member, or administrative staff facing a Title IX hearing, or someone seeking to file a complaint, our team is committed to providing the support, strategy, and advocacy necessary to safeguard your rights and future.

Understanding Title IX

Title IX of the Education Amendments of 1972 is a federal civil rights law that prohibits sex-based discrimination in any education program or activity receiving federal financial assistance. The statute states:

“No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.” (20 U.S.C. §1681)

While Title IX is often associated with gender equity in athletics, it encompasses a broad range of misconduct, including sexual harassment, sexual violence, stalking, dating violence, and retaliation. Colleges, universities, and K-12 schools that receive federal funds are obligated to investigate complaints of sexual misconduct under Title IX, and failure to do so can lead to significant legal and financial repercussions.

Common Types of Title IX Allegations

Title IX allegations can arise from a variety of circumstances, and the stakes are often high for all involved. Below are the most common types of allegations addressed under Title IX:

1. Sexual Harassment

Sexual harassment under Title IX includes unwelcome conduct of a sexual nature that is so severe, pervasive, and objectively offensive that it effectively denies a person equal access to an education program or activity. This can include:

• Unwanted touching or groping
  
• Inappropriate comments or jokes of a sexual nature
  
• Displaying sexually explicit images or videos
  
• Verbal harassment or sexual innuendos
  
• Repeated, unwelcome sexual advances

Sexual harassment may involve unwanted sexual contact or behaviors that are intimidating or degrading. Even a single incident, if sufficiently severe, may constitute a Title IX violation.

2. Sexual Assault

Sexual assault is defined under Title IX as any non-consensual sexual act, including:

• Rape
• Fondling of breasts, genitals, and even buttocks without consent
• Penetration, no matter how nominal or intrusive, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the alleged person.
• With the goal of sexual gratification, the touching, of any nature, of another’s intimate parts without their consent
• Sexual intercourse, even without compulsion, between persons who are related
• Non-forcible sexual intercourse with a person who is under the statutory age of consent.

Consent must be informed, voluntary, and mutual. It must be affirmative and clearly communicated. Affirmative consent means that all parties must agree to sexual contact through clear words or actions. A person cannot give consent if they are incapacitated due to drugs, alcohol, or a disability. Allegations of sexual assault frequently result in both campus disciplinary proceedings and criminal investigations.

3. Dating Violence

Dating violence includes emotional, physical, or sexual abuse committed by someone who is or has been in a romantic or intimate relationship with the alleged victim. These situations often involve patterns of coercion, control, and manipulation. Evidence of dating violence may include:

• Threats or acts of physical harm
  
• Coercive behavior
  
• Controlling access to education or social interactions
  
• Emotional manipulation or blackmail
  
• Forced or unwanted sexual contact

Dating violence, including sexual or physical abuse or the threats of the same, is fact specific and considers that which is perpetrated by individuals who currently are or have been in a romantic social or intimate relationship of a particular period of time, nature, and frequency of interaction. 

Institutions are required to have policies in place that recognize and respond to dating violence in order to provide a safe and supportive educational environment.

4. Domestic Violence

While similar to dating violence, domestic violence involves abuse committed by a current or former spouse or intimate partner, or someone who shares a child or a household with the complainant. Allegations often involve deeply personal relationships and may include physical violence, psychological abuse, and unwanted sexual contact. Protective measures such as no-contact orders are commonly used in these cases. The state where the college or university is located may define what constitutes “domestic” for the purposes of both criminal law and Title IX.

5. Stalking

Stalking under Title IX is defined as a course of conduct directed at a specific person that would cause a reasonable person to:

• Fear for their safety or the safety of others
  
• Suffer substantial emotional distress

Examples include:

• Repeated unwanted communication or contact
  
• Surveillance or following
  
• Online harassment
  
• Threats or implicit intimidation

Because stalking can escalate quickly, institutions often take a proactive approach when such allegations arise.

6. Retaliation

Title IX prohibits retaliation against anyone who files a complaint, participates in an investigation, or opposes discriminatory practices. Retaliation can take many forms, such as:

• Academic penalties
  
• Social ostracization
  
• Threats or acts of reprisal
  
• Harassment or intimidation

Retaliation is itself a violation of Title IX and must be addressed independently of the original complaint.

The Title IX Process

Title IX proceedings differ significantly from traditional criminal or civil litigation. Institutions are required to have their own policies and procedures that comply with federal regulations. These typically involve:

1. Filing a Complaint: Either party may initiate the process by filing a formal complaint with the institution’s Title IX Coordinator.
   
2. Initial Assessment: The institution evaluates whether the complaint falls under Title IX jurisdiction.
   
3. Investigation: A neutral investigator interviews witnesses, collects evidence, and compiles a report.
   
4. Hearing: Most schools now require a live hearing where both parties can present evidence and cross-examine each other through an advisor.
   
5. Outcome Determination: A decision-maker determines responsibility and any sanctions.
   
6. Appeals: Either party may appeal based on procedural errors, new evidence, or bias.

Why Attorney-Advisors Matter

Although Title IX hearings are not criminal trials, their impact can be just as severe. A finding of responsibility can lead to:

• Suspension or expulsion
  
• Revocation of degrees or diplomas
  
• Loss of scholarships or employment
  
• Damage to reputation and future career opportunities

Complainants also benefit from legal representation, especially when navigating procedural hurdles or when the school fails to take appropriate action.

At Saland Law, we advocate fiercely for our clients, whether defending against allegations or asserting their rights as complainants. Our founder, Jeremy Saland, brings invaluable experience as not just a seasoned Title IX advisor, but a criminal defense lawyer and former prosecutor, allowing him to analyze cases with an understanding of both institutional and legal frameworks.

Navigating Complex Allegations

Title IX allegations rarely exist in a vacuum. Often, they involve:

• Conflicting accounts of affirmative consent
  
• Influence of drugs or alcohol
  
• Prior relationships between the parties
  
• Simultaneous criminal investigations

These cases demand a nuanced approach. We meticulously review evidence, prepare comprehensive defense or advocacy strategies, and ensure that procedural protections are upheld throughout the process.

National Reach, Local Expertise

Though our offices are based in New York City, Saland Law represents clients in Title IX matters across the United States, in any state. Thanks to virtual hearings and digital document exchange, we can manage cases nationwide with the same rigor and attention to detail. Whether your case is unfolding in California, Florida, Texas, or anywhere in between, we provide informed, strategic guidance tailored to the specific institution and jurisdiction involved.

The Importance of Early Intervention

Time is often of the essence in Title IX cases. Evidence can be lost, memories can fade, and procedural deadlines can be missed. Engaging experienced counsel early can mean the difference between a favorable outcome and a lasting setback.

At Saland Law, we help clients:

• Respond effectively to notice of allegations
  
• Prepare for interviews and hearings
  
• Challenge biased or flawed investigations
  
• Appeal adverse findings
  
• Seek remedies or accommodations

Contact Us for a Title IX Consultation

Facing a Title IX allegation or filing a complaint can be overwhelming. Emotions run high, the stakes are immense, and the process can seem opaque and unforgiving. But you don’t have to go through it alone.

With Jeremy Saland and the Saland Law team on your side, you gain an advisor and partner who understands the terrain, respects the gravity of your situation, and knows how to fight for your rights—no matter where you are in the United States.

If you’re confronting a Title IX issue, don’t wait. Contact Saland Law today for a confidential consultation and take the first step toward protecting your future.