Guide for Complainant Victims Navigating Title IX

At Saland Law, we understand the emotional and legal challenges that victims of sexual assault, dating violence, and other forms of sexual misconduct face when coming forward. Our firm, headed by former prosecutor Jeremy Saland, provides dedicated legal representation to complainants navigating Title IX proceedings. Based in New York City, we assist clients throughout the United States in understanding and asserting their rights under Title IX. This guide is tailored for complainants (those alleging misconduct) and offers a detailed, supportive overview of the Title IX process from report to resolution.

What Is Title IX?

Title IX of the Education Amendments of 1972 is a federal civil rights law that 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.”

Although originally focused on gender equity in athletics and academics, Title IX has evolved to include protection against various forms of sexual misconduct, including sexual assault, stalking, sexual harassment, dating violence, and other unwanted sexual contact.

Understanding the Role of the Complainant

What Is a Complainant?

A complainant is an individual who alleges they were subjected to conduct that violates Title IX. This can include sexual assault, dating violence, domestic violence, stalking, sexual harassment, or other nonconsensual sexual contact. The complainant may be a student, faculty member, or anyone else participating in a federally funded education program.

Rights of Complainants

Complainants have specific rights under federal law and school policies, including:

• The right to report or decline to report an incident
• The right to be protected from retaliation
• The right to have a support person or advisor, including an attorney
• The right to a prompt, fair, and impartial process
• The right to receive interim measures, such as academic accommodations, housing changes, or no-contact orders

Reporting Sexual Misconduct

Making a Title IX Complaint

Complainants may report misconduct directly to their school’s Title IX coordinator or through an online reporting system. In some cases, a criminal report may also be filed with local law enforcement, either simultaneously or independently of the Title IX process.

You are not required to report to the police to access school-based remedies or initiate a Title IX case. However, a criminal investigation may run concurrently with your school’s Title IX investigation.

Mandatory Reporting Policies

Certain school employees, such as faculty, resident advisors, or athletic coaches, are often considered “mandatory reporters.” If you disclose an incident to one of these individuals, they may be legally required to notify the Title IX office.

If confidentiality is a concern, speaking with a confidential resource like a counselor or on-campus victim advocate may be a safer initial step.

The Title IX Investigation Process

Initial Assessment and Intake

Once a report is submitted, the school’s Title IX office will typically conduct an initial assessment to determine whether the alleged conduct falls under Title IX jurisdiction. If it does, the complainant may be offered supportive measures, even if they do not want to proceed with a formal complaint.

Supportive measures are designed to ensure equal access to education and may include counseling, class schedule changes, housing adjustments, and safety planning.

Filing a Formal Complaint

To initiate an investigation, the complainant must usually sign a formal complaint. This document triggers the school’s obligation to investigate and follow its grievance procedures. Some institutions allow the Title IX Coordinator to sign a complaint on behalf of the complainant when necessary for community safety.

Notice to the Respondent

Once a formal complaint is filed, the respondent (the person accused of misconduct) will receive written notice of the allegations, including the identities of the parties involved and the nature of the alleged conduct. This notice also includes a reminder that retaliation is strictly prohibited.

Participation in the Investigation

Providing a Statement

Complainants may be interviewed by the Title IX investigator and given the opportunity to provide evidence, identify witnesses, and explain how the alleged misconduct impacted their education.

Victims are not required to recount every detail of the incident but should provide a clear narrative of what occurred. Descriptions of sexual contact, the presence or absence of affirmative consent, and any actions taken before, during, or after the incident can all be relevant.

Access to Evidence

Under current federal guidelines, both the complainant and respondent must be given equal access to the investigative evidence. This typically includes a draft report that both parties may review and respond to before it is finalized.

You and your advisor may submit written responses and corrections to ensure that the record accurately reflects your experience.

Title IX Hearings and Resolutions

Live Hearings and Cross-Examination

At postsecondary institutions, the Department of Education requires live hearings in Title IX cases involving sexual misconduct. During the hearing, each party’s advisor may cross-examine the other party and any witnesses. This step can feel intimidating, but an experienced advisor can help protect your dignity while advocating effectively on your behalf.

You are not required to conduct the questioning yourself. In fact, under federal regulations, only advisors may ask questions. If you do not have an advisor, the school must provide one for the purpose of cross-examination.

Informal Resolutions

Many institutions offer informal resolution options, such as mediation or restorative justice programs, if both parties agree and the case does not involve allegations of sexual assault involving a student and an employee. Informal resolution is entirely voluntary and can be ended at any time before reaching an agreement.

Affirmative Consent and Its Legal Importance

Consent plays a pivotal role in Title IX investigations involving sexual contact. Many schools follow an “affirmative consent” standard. This means that consent must be knowing, voluntary, and communicated through clear words or actions.

Silence, lack of resistance, or previous sexual history is not sufficient to establish consent. Additionally, a person cannot legally consent if they are incapacitated due to drugs, alcohol, or a medical condition.

Understanding and articulating how your experience involved the absence of affirmative consent is critical to the success of a Title IX complaint. A skilled attorney can help you communicate your perspective with clarity and credibility.

Interim and Long-Term Remedies

Protective Measures During the Process

Complainants can request and receive interim protective measures from the school while the investigation is ongoing. These may include no-contact orders, changes in class schedules, relocation in housing, or access to academic support services.

These measures are designed to prevent further harm and ensure that you can continue your education free from interference or intimidation.

Post-Resolution Remedies

If a respondent is found responsible, additional remedies may be imposed to support the complainant’s continued access to education. These may include long-term no-contact directives, removal of the respondent from shared classes or programs, and additional academic or counseling services for the complainant.

Even if a respondent is found not responsible, schools must continue offering appropriate supportive measures tailored to the complainant’s individual needs.

Appeals and Further Actions

Grounds for Appeal

Both the complainant and the respondent typically have the right to appeal a Title IX decision. Common grounds for appeal include:

• Procedural irregularities that affected the outcome
• New evidence not reasonably available earlier
• Conflict of interest or bias among Title IX officials

You must act quickly to file an appeal, often within five to ten days after receiving the decision.

Additional Legal Options

Beyond the school’s process, complainants may also consider pursuing a civil lawsuit, filing a criminal report, or making a complaint with the U.S. Department of Education’s Office for Civil Rights. Each avenue has different evidentiary standards, burdens of proof, and potential remedies.

An attorney can help you weigh your options and make informed decisions about how to proceed in seeking justice and accountability.

Working with Saland Law

Saland Law is committed to advocating for students throughout the Title IX process. As a former prosecutor, Jeremy Saland has extensive experience handling sensitive investigations and adversarial proceedings. He and his team understand how to present your case with integrity, clarity, and strategic focus.

Whether your case involves a high school, college, graduate program, or professional school, we help you assert your rights and obtain the protections and remedies you deserve.

You do not need to face this process alone. The stakes are high, and the path forward can be confusing. With Saland Law by your side, you gain a trusted advocate who can help you navigate each step with confidence.

Contact Saland Law Today

If you are a complainant in a Title IX case, or if you are considering reporting sexual assault, sexual contact without consent, dating violence, or other forms of misconduct, contact Saland Law for a confidential consultation. We are here to support you, protect your rights, and ensure that your voice is heard. You have the right to be safe, to be heard, and to pursue justice and we are ready to help you do just that.