Steps to Filing a Title IX Complaint

At Saland Law, we understand how daunting it can be to come forward as a complainant in a Title IX matter. Whether you are a college student, high school student, faculty member, or staff at an educational institution, you deserve to have your voice heard and your rights protected. Headquartered in New York City and led by former prosecutor Jeremy Saland, our firm brings extensive experience and a measured, strategic approach to navigating Title IX proceedings nationwide. If you are considering filing a Title IX complaint due to sexual assault, dating violence, stalking, unwanted sexual contact, or another form of sex-based misconduct, this guide will help you understand each step of the process and how legal counsel can protect your interests at every stage.

Step One: Recognizing Misconduct, Knowing Your Rights, and Finding the Right Advisor

The first step toward filing a Title IX complaint begins with recognizing that what you experienced may constitute a violation of your rights. Title IX protects individuals from a wide range of sex-based misconduct, including sexual harassment, stalking, sexual assault, dating violence, and other unwelcome sexual contact. While some experiences are clearly traumatic and obviously unlawful, others may seem more subtle or confusing, especially when they involve power dynamics, manipulation, or unclear communication around consent. Regardless of the specifics, your concerns are valid and deserve to be heard.

As you begin processing what happened, it’s important to know that you are not alone. Title IX allows you to come forward, seek accountability, and access institutional protections without having to manage the process entirely on your own. One of the most critical decisions you will make early on is whether to seek help from an advisor.

Although your school may offer access to a Title IX Coordinator or an internal advocate, these individuals represent the institution; not you. To ensure that your rights are fully protected and that your interests are not overshadowed by procedural limitations or school liability concerns, it is wise to retain an experienced private Title IX advisor who works exclusively on your behalf.

Jeremy Saland, the founding attorney of Saland Law, brings a unique combination of experience and insight to this role. As a former Manhattan prosecutor, he understands not only how institutions investigate and adjudicate Title IX complaints, but also how these cases can intersect with law enforcement, criminal investigations, and potential civil claims. As a practicing criminal defense attorney who also represents students in Title IX hearings, he provides a strategic, balanced, and informed approach to each case, ensuring that clients are empowered from the very first step.

Recognizing that something is wrong is never easy. But once you do, having a trusted advisor by your side can help you take the next step with clarity, confidence, and the assurance that your voice will be heard and respected.

Step Two: Preserving Evidence

Once you become aware that a Title IX violation may have occurred, it is important to take steps to preserve any relevant evidence. This includes saving text messages, emails, social media communications, photos, videos, and other documentation that may support your account. If there were witnesses, it can also be helpful to write down their names and what they may have seen or heard.

Evidence does not need to be perfect or conclusive. In many Title IX proceedings, especially those that are conducted in educational settings, the standard of proof is “preponderance of the evidence” meaning more likely than not. Collecting what you can at the outset helps strengthen your position should you decide to move forward with a formal complaint.

At Saland Law, we guide complainants through this phase with care and discretion, helping ensure that critical materials are documented and preserved properly from the very beginning.

Step Three: Reporting the Misconduct

There are generally two ways to report a Title IX violation: informally or formally.

An informal report can involve telling a trusted professor, staff member, coach, or resident advisor. In many schools, these individuals are considered “mandatory reporters,” meaning they are required to forward your disclosure to the school’s Title IX Coordinator. You may also contact the Title IX Coordinator directly, which is often the best way to initiate a formal process.

Each institution must have a designated Title IX Coordinator who is responsible for overseeing compliance, receiving complaints, and coordinating supportive services. You can find this person’s contact information on your school’s website or student handbook.

When you file a report, whether verbally, by email, or through an online portal, you do not automatically trigger a formal investigation. At most institutions, you retain the choice of whether or not to proceed further, although the school may initiate an investigation in some cases where community safety is at risk.

Step Four: Requesting Supportive Measures

Title IX requires schools to offer supportive measures to complainants regardless of whether a formal complaint is filed. These measures are designed to restore or preserve your access to educational programs and ensure your physical and emotional safety without being punitive toward the respondent.

Supportive measures may include academic accommodations, housing reassignment, no-contact orders, changes in class schedules, campus escorts, mental health referrals, and other resources. These services are supposed to be offered in a confidential manner and tailored to your specific needs.

At Saland Law, we often help our clients articulate their needs to the institution and ensure that these accommodations are appropriate, timely, and effective.

Step Five: Filing a Formal Complaint

A formal Title IX complaint is typically a written statement submitted to the Title IX Coordinator that requests an investigation into a specific allegation of sexual harassment, sexual assault, dating violence, stalking, or related misconduct.

To initiate a formal complaint, you generally must be participating in or attempting to participate in the education program or activity at the time the complaint is filed. The complaint should outline the facts of the incident, identify the respondent, and request that the institution take action.

Once filed, the school must provide both the complainant and the respondent with written notice of the allegations and outline the process for investigation and resolution. This includes notice of the right to an advisor, the opportunity to present evidence, and the procedures for appealing any findings or sanctions.

Filing a formal complaint can feel overwhelming, particularly when recounting traumatic experiences. Our team ensures that your complaint is properly structured and that you have a full understanding of what to expect as the process unfolds.

Step Six: Participating in the Investigation

After a formal complaint is submitted, the school must conduct an investigation that is prompt, impartial, and equitable. This typically involves interviews with both parties, witness statements, and collection of documentary evidence.

Complainants are entitled to have an advisor of their choice present throughout the process. That advisor can be an attorney. Having a skilled advocate who understands the nuances of Title IX investigations can make a meaningful difference, not just in the outcome but in how you experience the process itself.

The investigator will eventually compile a report that summarizes the relevant evidence. Both the complainant and the respondent will be given an opportunity to review and respond to this report before a final determination is made.

Step Seven: The Hearing and Decision

Depending on the institution and the nature of the allegation, the Title IX process may culminate in a live hearing. During the hearing, both parties may present evidence and cross-examine each other through their advisors. The hearing is usually overseen by a panel or decision-maker who has been trained in Title IX law and procedures.

In cases where a hearing is not required, particularly in K–12 settings, the school may use a different process to reach a decision. Regardless of the format, the institution must apply the preponderance of the evidence standard (or a clear and convincing standard if that is the school’s chosen policy).

The final outcome will include a written determination regarding responsibility, the rationale for the decision, and any disciplinary sanctions imposed on the respondent if they are found responsible. Both parties will receive this decision in writing and will be informed of their right to appeal.

Step Eight: Appeal and Ongoing Advocacy

Either party has the right to appeal a Title IX decision on certain bases, including procedural errors, newly discovered evidence, or evidence of bias. The appeal process is usually outlined in the school’s Title IX policy and must follow strict timelines.

At Saland Law, we assist complainants in crafting appeals when appropriate and defend favorable findings if a respondent attempts to overturn them. Even after the process concludes, our advocacy does not stop. We remain available to ensure that any sanctions are enforced and that you receive the full benefit of any accommodations or protective measures awarded.

Step Nine: Considering Criminal or Civil Options

Filing a Title IX complaint is not the same as filing criminal charges. While some forms of misconduct, such as rape or physical assault, may also constitute criminal acts, the decision to involve law enforcement is entirely up to you. Some complainants choose to pursue both avenues; others prefer to remain within the university system.

Jeremy Saland’s background as a prosecutor gives our firm unique insight into how the criminal justice system interacts with Title IX. If you decide to report to the police, we can help coordinate communications, protect your rights, and ensure consistency in your statements.

Additionally, in cases of severe harm or institutional negligence, complainants may have grounds to pursue civil remedies. We can connect you with civil litigation counsel if your case warrants legal action beyond the educational and disciplinary realm.

Why Legal Representation Matters

Although educational institutions are required to follow due process and maintain fair procedures, many complainants find the Title IX process confusing, emotionally taxing, and inconsistent. Without knowledgeable representation, you may find it difficult to assert your rights, challenge procedural missteps, or secure the protections you deserve.

At Saland Law, we don’t just help you file a complaint. We stand by you at every step from identifying violations to preserving evidence, participating in investigations, navigating hearings, and appealing unjust outcomes. Our firm brings both prosecutorial experience and compassionate advocacy to every case, offering clients the strength of informed legal strategy with the sensitivity such matters demand.

Take the First Step with Saland Law

Filing a Title IX complaint is an act of courage. It is also an opportunity to seek justice, protect yourself, and help prevent future harm to others. If you believe you have experienced sexual assault, dating violence, stalking, or another form of misconduct that violates Title IX, you do not need to go through the process alone.

Contact Saland Law today to schedule a confidential consultation. With experience advising both complainants and respondents across the country, our firm is uniquely positioned to offer insight, guidance, and legal protection tailored to your needs. Let us help you move forward with strength, clarity, and a commitment to your rights.