Retaliation Protections for Title IX Complainants

At Saland Law, we understand the profound courage it takes to come forward and report sexual misconduct. Whether you are a student, faculty member, athlete, or administrator, standing up and asserting your rights under Title IX often places you in an emotionally and legally vulnerable position. Far too often, individuals who report acts of sexual assault, dating violence, stalking, or other forms of gender-based misconduct are made to feel punished for their courage. Retaliation, whether overt or subtle, is an unlawful and unacceptable response to your protected activity.

As a former prosecutor and seasoned Title IX attorney, Jeremy Saland brings a unique and informed perspective to complainants seeking protection and accountability. At Saland Law, we are not only committed to helping you file a complaint and pursue justice, but we also work to ensure that your rights remain protected throughout the process and beyond. Although our firm is based in New York City, we represent clients nationwide in Title IX matters involving schools, colleges, universities, and other federally funded institutions.

This page will explain what retaliation means under Title IX, how federal law protects complainants, what steps institutions are required to take to prevent retaliation, and how Saland Law can assist you if you have experienced or fear retaliation for asserting your Title IX rights.

Understanding Title IX and Its Anti-Retaliation Provision

Title IX of the Education Amendments of 1972 (20 U.S.C. § 1681 et seq.) prohibits sex-based discrimination in any education program or activity receiving federal financial assistance. Over the years, Title IX’s scope has expanded to encompass protections against sexual harassment, sexual assault, sexual exploitation, dating violence, stalking, and other forms of sexual misconduct.

Integral to Title IX’s enforcement is the recognition that individuals must be free to report misconduct without fear of adverse consequences. For that reason, Title IX regulations expressly prohibit retaliation against any individual who engages in protected activity under the statute.

According to 34 C.F.R. § 106.71(a):

“No recipient or other person may intimidate, threaten, coerce, or discriminate against any individual for the purpose of interfering with any right or privilege secured by Title IX… or because the individual has made a report or complaint, testified, assisted, or participated or refused to participate in any manner in an investigation, proceeding, or hearing under this part.”

This provision means that schools, administrators, faculty, students, and others cannot lawfully punish or retaliate against someone who reports misconduct, participates as a witness, or seeks support services.

What Constitutes Retaliation Under Title IX?

Retaliation can take many forms. Some examples are overt, such as a professor lowering a student’s grade after learning about the student’s Title IX complaint. Others are more subtle or insidious, such as spreading rumors to damage a complainant’s credibility, exclusion from academic or athletic opportunities, or peer harassment that goes unaddressed by school officials.

Retaliation is not limited to a single act or setting. It may include academic penalties, disciplinary threats, social isolation, cyberbullying, denial of campus resources, or pressure to withdraw a complaint. Even if retaliation does not succeed in silencing you, the attempt alone is prohibited by law.

Some complainants experience retaliation from peers, coaches, teammates, or faculty. Others may face retaliation through institutional channels, such as unexplained delays in course registration, dismissal from student groups, or being denied leadership roles. Any such action taken in response to your protected activity may constitute unlawful retaliation.

Retaliation is determined by examining both the intent and the effect of the conduct. If the action would dissuade a reasonable person in your position from pursuing a complaint, the conduct may amount to retaliation under Title IX, even if the school or perpetrator denies retaliatory intent.

Who Is Protected from Retaliation?

Title IX’s retaliation protections extend to anyone involved in a Title IX matter. While this page focuses on complainants, others are protected as well. This includes witnesses, advocates, advisors, and even individuals who decline to participate in proceedings.

In the context of a Title IX proceeding, a complainant may be a student who reports sexual assault by a classmate, a faculty member reporting inappropriate conduct by a supervisor, or an athlete disclosing dating violence by a team member. Regardless of your status or role, your participation in the Title IX process is protected.

Importantly, the anti-retaliation provision protects not just formal complaints but also informal reports or disclosures. You do not need to file a signed formal complaint to receive protection under Title IX. Even reporting misconduct to a resident advisor, counselor, or Title IX Coordinator triggers these rights.

School Obligations to Prevent and Respond to Retaliation

Educational institutions are not only prohibited from retaliating against complainants, but they also have an affirmative duty to prevent and address retaliation by others. This means that once a school is on notice that you have engaged in protected Title IX activity, it must take reasonable steps to safeguard you from retaliation.

At a minimum, schools must:

• Inform complainants of their right to be free from retaliation.
• Monitor academic and extracurricular environments for signs of retaliatory conduct.
• Investigate any reports of retaliation promptly and impartially.
• Provide supportive measures such as academic accommodations, housing modifications, or changes to class or work schedules.
• Enforce No Contact Orders, when appropriate, to prevent retaliatory contact by the respondent or their associates.

Supportive measures must be non-punitive and designed to restore or preserve the complainant’s equal access to educational opportunities. If retaliation occurs, schools must take immediate corrective action. Failure to do so may amount to a Title IX violation in itself.

Unfortunately, not all institutions meet these obligations. Some fail to recognize retaliation, ignore reports, or downplay complaints. In such situations, having an experienced Title IX attorney can make the difference between silence and accountability.

Filing a Complaint for Retaliation

If you believe you are experiencing retaliation for reporting sexual misconduct or participating in a Title IX proceeding, you have options. You may file a retaliation complaint with your school’s Title IX Coordinator. Your complaint should be as specific as possible, describing the conduct, who was involved, when it occurred, and how it relates to your prior protected activity.

The institution is obligated to investigate and resolve the complaint through procedures outlined in its Title IX policies. You are entitled to the same rights and protections as in any other Title IX complaint, including notice of the allegations, an opportunity to be heard, access to an advisor, and a written outcome determination.

In some cases, retaliation may be so severe or systemic that internal remedies are insufficient. You may also file a complaint with the U.S. Department of Education’s Office for Civil Rights (OCR), which enforces Title IX nationwide. OCR can investigate the school’s handling of your retaliation complaint, examine patterns of misconduct, and require remedial action if violations are found.

To preserve your rights with OCR, you typically must file within 180 days of the retaliatory act. That said, exceptions may apply depending on the circumstances, and legal counsel can assist you in determining the most strategic course of action.

Retaliation and Other Legal Remedies

In addition to Title IX, retaliation may violate other federal and state laws. For example, if you are employed by the school as a teaching assistant or staff member, you may be protected under Title VII of the Civil Rights Act or applicable state human rights laws.

In some situations, retaliation may give rise to tort claims such as intentional infliction of emotional distress or defamation. If retaliation includes threats, stalking, or physical intimidation, it may also constitute a criminal offense.

Because each case is unique, evaluating all potential legal avenues requires careful legal analysis. At Saland Law, we draw upon years of prosecutorial and defense experience to explore every option and develop a strategy tailored to your needs.

The Psychological Impact of Retaliation

Retaliation is not just a legal violation; it is a human harm. Many complainants who experience retaliation report heightened anxiety, fear, isolation, and academic disruption. Retaliation can erode the sense of safety and trust in one’s educational environment, undermining the very purpose of Title IX protections.

These harms are compounded when the retaliation is ignored or enabled by the institution. Knowing you are not alone and that legal remedies exist is essential. Seeking the assistance of an experienced Title IX attorney can help validate your experience and empower you to take action.

Why Legal Representation Matters

Although schools are required to provide supportive measures and handle retaliation complaints fairly, many complainants find the process overwhelming or feel the institution is biased or unresponsive. Having a skilled Title IX attorney in your corner changes the equation.

At Saland Law, we help complainants document retaliation, file formal complaints, and navigate school disciplinary proceedings with strategic precision. We also coordinate with mental health providers and, when necessary, law enforcement. Our approach is trauma-informed but legally rigorous, ensuring that your experience is heard without compromising your rights.

Jeremy Saland’s background as a former prosecutor informs his work in identifying patterns of retaliation and holding institutions accountable. He understands how retaliation often operates in the shadows, through social pressure, bureaucratic barriers, or professional retaliation, and how to expose it.

What to Do If You Are Being Retaliated Against

If you believe you are being retaliated against after filing a Title IX complaint or participating in an investigation:

1. Document Everything. Keep records of incidents, emails, social media messages, academic performance changes, or anything else that could support your claim.
2. Report It Promptly. Inform your Title IX Coordinator in writing. Do not assume the school is aware of the retaliation unless you tell them.
3. Request Supportive Measures. Ask for class changes, housing modifications, counseling, or other support to protect your well-being.
4. Seek Legal Advice. Contact a Title IX attorney as early as possible. Legal counsel can help preserve evidence, file complaints, and demand action.
5. Take Care of Your Mental Health. Retaliation can be traumatic. Prioritize your mental and emotional health, and consider working with a therapist or counselor experienced in trauma and student advocacy.

Protect Yourself with Saland Law by Your Side

Retaliation is not just unjust; it is illegal. If you are a complainant in a Title IX matter and have been threatened, harassed, excluded, or otherwise harmed for speaking up, you deserve protection and accountability.

Saland Law stands with complainants nationwide, offering legal representation that is informed, strategic, and compassionate. Whether you are still deciding whether to report, are in the middle of a Title IX investigation, or are already facing retaliatory conduct, we are ready to protect your rights and help you move forward with strength and clarity.

Contact Saland Law today to speak with a Title IX attorney who understands the stakes and is ready to fight for you.