Title IX Penalties & Sanctions

This is where past mistakes are magnified and the proverbial chickens come home to roost, and choosing the wrong Title IX advisor is the gravest potential mistake of all. When a student, faculty member, or staff employee is found responsible for a Title IX violation, whether for sexual assault, dating violence, unwanted sexual contact, or conduct lacking affirmative consent, the consequences can be, and routinely are, devastating. The stakes are high for everyone involved, and the penalties imposed by colleges and universities can permanently alter a person’s academic, professional, and personal future.

At Saland Law, Title IX advisor, former prosecutor, and criminal defense attorney Jeremy Saland and his team understand these consequences firsthand. In fact, everything they do within the four corners of the law is to avoid sanctions and penalties in their entirety. They have successfully represented both complainants and respondents in Title IX proceedings across the country. Though based in New York City, Saland Law is uniquely positioned to offer nationwide support for students, faculty, and institutional stakeholders navigating the complexity of Title IX disciplinary actions.

This page will explore the full range of potential penalties and sanctions that may result from a Title IX violation, along with the underlying legal framework and practical effects of these outcomes. For a more in depth understanding, or a personalized review of your case, contact Jeremy Saland directly.

Understanding Title IX and Its Application

Title IX of the Education Amendments of 1972 prohibits discrimination “on the basis of sex” in any education program or activity that receives federal financial assistance. While the statute itself is short, federal regulations and case law have expanded its scope significantly, especially regarding how schools address allegations of sexual misconduct, including sexual assault, dating violence, stalking, and other sex-based offenses.

Regulations at 34 C.F.R. § 106.30 and § 106.45 set out detailed procedures for investigating and resolving complaints. Under these rules, educational institutions must investigate allegations promptly and fairly, protect the rights of all parties, and apply appropriate remedies when a violation is found.

At the heart of many Title IX complaints is the issue of affirmative consent. Some institutions define consent as a clear, knowing, and voluntary agreement to engage in sexual activity. Silence or lack of resistance does not constitute consent. When students or staff engage in sexual contact without meeting this threshold, they may be subject to severe institutional penalties, regardless of whether criminal charges are ever filed.

What Happens When You Are Found Responsible?

A respondent is considered “responsible” for a Title IX violation when, after investigation and a hearing (if applicable), a decision-maker determines that the alleged conduct occurred and violated institutional policy. The standard of proof is typically “preponderance of the evidence,” meaning that it is more likely than not that the conduct occurred. Keep in mind, this is a fairly low threshold and bare bones legal standard that is well beneath “proof beyond a reasonable doubt” that is the heart of all criminal cases.

Once a finding of responsibility is made, the institution has the authority to impose a wide range of sanctions. These vary based on the severity of the conduct, the respondent’s prior disciplinary history, and whether the school has articulated a clear range of penalties in its published policies.

Sanctions Against Students

For college and university students found responsible for sexual assault, sexual contact without affirmative consent, dating violence, or similar conduct under Title IX, potential penalties may include:

Disciplinary Probation

This is often used for less severe violations but can still carry significant implications. Students on probation may be barred from participating in campus activities or leadership positions and warned that further violations will result in harsher penalties.

Suspension

Suspension is a temporary removal from the institution, typically for a semester or a year. While suspended, students are generally not permitted on campus or allowed to participate in school-sponsored activities. This sanction can delay graduation and interfere with future educational plans.

Expulsion

This is the most severe penalty a student can face. Expulsion results in permanent separation from the school. Students who are expelled may struggle to transfer to another institution and face questions from future employers or licensing boards.

Transcript Notations

Many institutions will note suspensions or expulsions on the student’s academic transcript. Even if the notation does not specifically refer to a Title IX violation, the presence of a disciplinary mark can be a red flag for graduate programs, employers, or scholarship committees.

Loss of Housing or Access to Campus Resources

Students may be banned from specific buildings, residence halls, or even the entire campus. In some cases, they are required to take classes remotely or move to off-campus housing.

No-Contact Orders

A no-contact directive prohibits the respondent from having any direct or indirect communication with the complainant. Violating such an order may result in additional penalties, including further suspension or expulsion.

Educational Sanctions

Some schools mandate counseling, sexual consent education, or participation in community service as part of the sanctioning process. While these may appear minor, they are often imposed in conjunction with more serious penalties.

Sanctions Against Faculty and Staff

The consequences for faculty and staff members found responsible for Title IX violations are just as serious, and in many cases, career-ending. Potential sanctions include:

Termination of Employment

For serious offenses such as sexual assault or repeated harassment, termination is often immediate and final. Educators and employees found responsible may be barred from future employment in education.

Suspension or Reassignment

Some institutions impose unpaid suspensions or reassign the employee to non-supervisory or non-student-facing roles. While less severe than termination, these actions still tarnish reputations and reduce future employment opportunities.

Mandatory Training or Counseling

In less egregious cases, employees may be required to attend training on boundaries, consent, or professional conduct. While this may appear rehabilitative, it still signals a formal disciplinary finding.

Loss of Tenure or Faculty Privileges

Professors and researchers may lose tenure status, funding opportunities, or the ability to serve in academic leadership roles. These consequences impact both income and professional prestige.

Reporting Requirements to Future Employers

Increasingly, institutions are disclosing Title IX findings to future employers, particularly in K-12 and higher education settings. A finding of responsibility can follow an individual throughout their career.

Criminal and Civil Consequences Outside the School System

While Title IX proceedings are separate from criminal prosecutions, there is often overlap. A finding of responsibility in a Title IX hearing does not mean that the respondent has committed a crime, but it can be the basis for further investigation.

Criminal Charges

If the conduct also constitutes a criminal offense such as rape, unlawful sexual contact, or dating violence, law enforcement may pursue charges. Convictions can result in incarceration, sex offender registration, probation, and more. Even if a criminal case results in acquittal, a respondent can still be found responsible under Title IX due to the lower burden of proof.

Civil Lawsuits

Both complainants and respondents may file lawsuits related to Title IX cases. Complainants can sue the institution for failing to respond appropriately to a known risk or hostile environment. Respondents may seek damages if the institution violated their due process rights or engaged in gender-based bias. In some instances, parallel litigation can last for years and significantly expand the financial and reputational stakes.

Collateral Consequences

Beyond the formal sanctions, a Title IX finding can have lasting implications. Students may face:

• Difficulty transferring to another college or enrolling in graduate school.
  
• Denial of scholarships, financial aid, or housing.
  
• Negative publicity in online or print media.
  
• Emotional and psychological trauma stemming from the experience, even if cleared.

Employees may lose not only their current positions but their ability to work in their chosen field. In professions that require licensing, such as medicine, education, or law, a Title IX finding could result in disciplinary actions by licensing boards.

Due Process and the Importance of an Attorney-Advisor

Because the potential penalties are so severe, it is crucial that the respondent receives due process throughout the Title IX investigation and hearing. Unfortunately, not every institution follows its own procedures correctly. Evidence may be improperly excluded, hearings may be biased, and rights may be overlooked.

Saland Law is committed to ensuring that both complainants and respondents are treated fairly. For respondents, that means challenging flawed evidence, cross-examining witnesses through an advisor, and, if necessary, pursuing appeals or litigation when due process is violated. For complainants, it means advocating for prompt, respectful, and thorough investigations that lead to appropriate institutional responses.

Nationwide Title IX Representation

Saland Law, led by former prosecutor Jeremy Saland, brings a wealth of experience to every Title IX matter. With a practice headquartered in New York City and a national reach, Saland Law advocates on behalf of both complainants and respondents in Title IX investigations, hearings, and appeals.

Jeremy Saland understands that these matters are deeply personal, legally complex, and often emotionally overwhelming. He and his team provide not just legal guidance, but steady, informed support every step of the way. Whether the case involves sexual assault, dating violence, or a question of affirmative consent, Saland Law fights to ensure that your rights are protected and that your future remains intact.

If you or your child is facing Title IX allegations or if you’ve experienced misconduct and want your voice heard, contact Saland Law. When the penalties are this serious, experience matters. Let a criminal defense attorney and former prosecutor stand with you.