How to Withdraw a Title IX Complaint

Withdrawing a Title IX complaint is a serious decision that carries legal, educational, and personal consequences. Some students and employees decide to step back because the process feels overwhelming. Others reassess their goals after supportive measures are in place, or they face outside concerns about academics, athletics, immigration, employment, or a related criminal case. Though not widely discussed, there are students who withdraw their complaints or do not cooperate with investigators because their allegations are false, exaggerated or misunderstood. Whatever your reason, the choice deserves careful planning so you protect your safety, your record, and your future. No matter your reasoning, understand that even if your complainant is withdrawn or taken back, your college or university can and may proceed even in your absence.

Saland Law is led by Jeremy Saland, a respected and experienced criminal lawyer and former prosecutor who advises both complainants and respondents in campus proceedings nationwide. Although based in New York City, the Title IX advisory practice supports students, faculty, and staff across the country. We regularly guide clients through investigations involving sexual assault, dating violence, sexual contact without affirmative consent, stalking, and other forms of alleged sex discrimination. If you are thinking about withdrawing a Title IX complaint, we will help you do it correctly, preserve what matters, and anticipate what may come next.

What “Withdrawing” Means Under Title IX

A Title IX matter starts in different ways. You can make a report to the school, you can ask for supportive measures without filing a formal complaint, or you can file a formal complaint that triggers the grievance process. The regulations define a formal complaint as a document filed by a complainant or signed by the Title IX Coordinator that alleges conduct covered by Title IX and requests an investigation. If you decide to withdraw, you are typically asking the school to dismiss your formal complaint or some of the allegations against the respondent

Federal regulations give schools authority to dismiss all or part of a complaint when a complainant notifies the Title IX Coordinator in writing that they wish to withdraw the complaint or specific allegations. See 34 C.F.R. § 106.45. Postsecondary institutions also have procedures that track these federal requirements and often specify the precise method for withdrawing and for documenting your request. In addition, the current regulations authorize the Title IX Coordinator to consider initiating a complaint even if you withdraw or decline to proceed, particularly when there are safety or pattern concerns within the community. See 34 C.F.R. §§ 106.44 and 106.46.

In plain terms, withdrawal ends your participation as the filing party, but it does not guarantee that the school will stop its process or even remove a no contact order. The institution retains discretion to move forward if it believes it must address a community risk or an ongoing hostile environment.

Why People Consider Withdrawing

People withdraw for many reasons. Some realize that supportive measures meet their needs and they do not want a full investigation. Others feel frustrated by delays, uncertain about the standard of evidence, or worried about how hearings will affect them. There can be emotional and practical pressures that change over time. A criminal investigation or a civil protective order can influence your decision. Coursework, licenses, financial aid, and athletic eligibility may also play a role. None of these reasons is wrong if it is the choice that is best for you. The key is to withdraw in a way that preserves your rights and avoids unintended consequences.

The Legal Backdrop You Should Know

Title IX is a federal civil rights statute that prohibits discrimination based on sex in education programs that receive federal financial assistance. See 20 U.S.C. § 1681 et seq. The U.S. Department of Education’s regulations governing how schools must respond to sex discrimination and sex based harassment appear at 34 C.F.R. Part 106. Two provisions matter most when you are thinking about withdrawing:

First, 34 C.F.R. § 106.45 sets out grievance procedures for the prompt and equitable resolution of complaints. Under that section, a recipient may dismiss a complaint or any allegations if the complainant asks to withdraw in writing. Second, 34 C.F.R. §§ 106.44 and 106.46 describe the Title IX Coordinator’s responsibilities, including when a Coordinator may or must consider moving forward even if a complaint is withdrawn. These provisions instruct Title IX Coordinators to weigh factors such as a complainant’s request not to proceed, reasonable safety concerns, the risk of additional acts of sex discrimination, and the school’s obligation to maintain a nondiscriminatory environment.

The bottom line is that federal rules permit withdrawal, require the school to document your request, and preserve the school’s discretion to continue if necessary to protect the community.

What Withdrawal Does and Does Not Do

Withdrawing a Title IX complaint has immediate and longer term effects. Understanding each will help you make a plan that fits your needs.

When you withdraw in writing, the school may dismiss the case in whole or in part for Title IX purposes. A dismissal for Title IX purposes does not always end the matter within the institution. Many schools reserve the right to proceed under other policies such as a student code of conduct or a professional standards policy. The same facts can also live on in safety planning, no contact directives, housing decisions, and academic accommodations. A no contact order that prevents direct or indirect communication can remain in effect whether or not a formal complaint is active. Records of your report and your supportive measures typically remain part of the school’s Title IX or compliance files subject to federal and state retention requirements.

Withdrawal also does not waive your right to supportive measures. You can keep reasonable accommodations designed to restore or preserve your access to education. That can include counseling referrals, course adjustments, extensions, housing changes, work schedule modifications, and continued no contact rules. You should confirm in writing which measures will stay in place and for how long.

Finally, withdrawal does not immunize anyone from legal obligations unrelated to Title IX. If there is a criminal investigation, a family court order of protection, or a civil no contact order, those proceedings follow their own path. Schools coordinate with law enforcement but do not control criminal cases. If you have any parallel legal matters, speak with counsel to make sure your Title IX choices do not complicate your position.

How To Withdraw the Right Way

Step One: Get the Full Picture From the School

Ask the Title IX office to provide the written policy that governs dismissals and withdrawals. You want the exact language for 34 C.F.R. § 106.45 and any campus provisions that explain how the Coordinator treats a withdrawal request. Request a copy of any notice of allegations, the current case status, upcoming deadlines, and what happens to supportive measures if the complaint is dismissed. Clarity on these points prevents confusion later.

Step Two: Put Your Decision in Writing

You must notify the Title IX Coordinator in writing that you wish to withdraw the formal complaint or identify the specific allegations you want dismissed. Be precise. If you only intend to withdraw certain allegations, say so. If you want the entire complaint dismissed, use that language. Keep the tone factual and respectful. You do not need to explain your motivations in detail. If you want to continue supportive measures, include that request in the same communication and ask the Coordinator to respond in writing with what will remain in place.

Step Three: Address Safety, Retaliation, and No Contact Orders

If safety is a concern, describe what you need. Schools have a continuing duty to address sex discrimination in their programs and to prevent retaliation, even after a withdrawal. Explicitly request continued protection from retaliation, continued no contact directives if necessary, and instructions on how to report any violations. If the other party has been subject to interim restrictions, ask the Coordinator to clarify whether those remain in effect.

Step Four: Understand the School’s Discretion To Proceed

A Coordinator can, in limited circumstances, decide to continue an investigation even if you withdraw. This often arises when the allegations involve serious violence, a pattern of misconduct, or a risk to the broader community. If the school believes it must proceed, ask for a written explanation of the factors considered and the scope of any continued process. Clarify whether you will be asked to participate further and what options you have to limit that involvement.

Step Five: Keep Your Records

Save your withdrawal request, the school’s acknowledgment, notices about supportive measures, and any communications about next steps. If you later face academic or professional disputes, these documents show what happened and when. If you ever choose to reengage with the school or pursue a complaint under a different policy, contemporaneous records help you and your attorney-advisor reconstruct events.

Special Situations That Change the Analysis

When There Is a Pending Criminal Case

If police are investigating or a prosecutor has filed charges, talk to an attorney-advisor before you withdraw. Statements made during campus proceedings can become part of a criminal investigation. You may want to withdraw to reduce exposure or stress. You may also want to keep the school process in place to maintain no contact rules and academic accommodations. A lawyer can coordinate your campus and court strategies so you remain protected on both fronts.

If You Are Considering Informal Resolution

Some campuses allow parties to resolve allegations through a voluntary informal process facilitated by a trained official. If you are midstream and want to stop, you can typically end informal resolution and withdraw your complaint. Schools are then required to assess whether they should initiate or continue a formal process without you. Consider whether you still want supportive measures and make that request explicitly so there is no gap in your protections.

When Allegations Involve Sexual Assault or Dating Violence

Cases involving sexual assault, dating violence, sexual contact without affirmative consent, or coercion raise distinct safety and compliance concerns for schools. Coordinators often analyze pattern evidence, the presence of threats, the location of the incident, and any risk of recurrence. Withdrawal is still available, but the likelihood of the school proceeding without you can be higher in these categories. If you want to limit your participation while prioritizing safety, tell the Title IX Coordinator what you can and cannot do and ask for a written outline of any next steps that involve you.

Graduate Students, Employees, and Hybrid Roles

Graduate assistants, student employees, and faculty in training can be subject to overlapping procedures. Some allegations may shift from Title IX to other policies after a withdrawal, such as professional standards or workplace rules. Confirm which policy will govern after dismissal and what process that policy provides. You should also confirm how a withdrawal may affect your research group, grant role, lab access, or supervisory relationships.

Common Questions We Hear About Withdrawing a Title IX Complaint

Can I keep supportive measures after I withdraw?

Yes, you can and should request to continue reasonable supportive measures. Schools must respond to sex discrimination and protect access to education. Many measures are available without a pending investigation. Ask for a written confirmation that lists each measure and its duration.

Will my withdrawal be confidential?

Your written request becomes part of the Title IX file and is subject to privacy laws and school policies. It is not a public record in the ordinary sense, but the school may share information with those who need to know to implement supportive measures or to carry out duties required by law. Ask the Coordinator how your information will be used and who will have access.

Can I change my mind later?

In many cases you can later report new information or ask the school to reopen a matter under Title IX or another policy. There is not a single nationwide statute of limitations for campus complaints, but evidence and witnesses become harder to secure as time passes. If you may want to revisit your decision, save your documents and consider speaking with counsel about timing. 

Will the school expunge everything?

Schools keep records of reports, supportive measures, and dismissals. These records help them demonstrate compliance and identify patterns. They also protect you by documenting your requests and the school’s response. If you have concerns about transcripts, recommendations, or professional references, ask in writing how the institution will answer questions about this matter.

Do I have to explain my reasons?

No rule requires you to give a narrative justification. You may choose to share context to help the Coordinator assess safety risks or supportive needs, but a short written statement withdrawing the complaint or certain allegations is usually sufficient.

Mistakes To Avoid

Do not simply stop attending meetings and hope the case will fade away. Nonparticipation can produce adverse inferences within certain campus processes and can complicate supportive measures that you still need. Do not assume that your school will automatically keep your no contact directives active. Ask and verify in writing. Do not overlook the possibility that the school may proceed without you. If you want to minimize future involvement, plan for that outcome and ask the Coordinator to explain what limited role, if any, you will have.

Lastly, do not try to negotiate the terms of your withdrawal with the other party directly. Use the Coordinator or your attorney-advisor to handle communications. Direct contact can violate no contact orders and create new allegations.

How Saland Law Helps You Withdraw Safely and Strategically

Our approach is meticulous and protective. We begin by reviewing the notice of allegations, procedural posture, and campus policies. We identify which regulations control the process and whether parallel policies could apply after dismissal. We assess criminal exposure and protective orders, then coordinate with any outside counsel to keep you safe legally and physically.

If needed or required, we draft a precise withdrawal letter that limits unnecessary disclosures and keeps the focus on your goals. We request continued supportive measures tailored to your circumstances. We ask the Coordinator to confirm in writing what will remain in effect, how retaliation will be monitored, and what the school intends to do next. If the institution indicates it may continue without you, we advocate for a defined scope and for arrangements that minimize your burden. We remain available if future issues arise with transcripts, housing, teams, or professional placements.

We also counsel respondents who confront a withdrawal by the complainant. Withdrawal can lead to dismissal, but it is not the end of the story. We advise respondents on the risk that the school will proceed on its own, the potential shift to other codes, and the best way to preserve evidence and position themselves for any continued process.

Get Title IX Guidance Before Taking the Next Step

Withdrawing a Title IX complaint is your decision. The law allows it, the school must document it, and your rights continue after it. What matters is doing it in a way that preserves supportive measures, addresses retaliation, and anticipates the possibility that the school will proceed without you. The process is not only legal. It is personal. It touches your sense of safety, your educational path, and your professional future.

Saland Law represents complainants and respondents nationwide in Title IX matters at colleges, universities, graduate programs, and K 12 institutions. We combine the perspective of a former prosecutor with deep knowledge of campus procedures to give you clear options and steady advocacy. If you are thinking about withdrawing a complaint involving sexual assault, dating violence, sexual contact, or a dispute about affirmative consent, we will help you proceed with care, accuracy, and confidence.

Contact us for a confidential consultation to discuss your goals, your safety, and the best way to protect your future.