Title IX Overview

Defending Your Future Nationwide

At Saland Law, we understand how a Title IX allegation can not just threaten your reputation, education, and future, but absolutely destroy it. Headquartered in New York City and led by Title IX advisor, criminal defense attorney, and former Manhattan prosecutor Jeremy Saland, our firm provides strategic, compassionate, and aggressive defense in Title IX cases across the country. Whether you are a student, faculty member, or employee accused of misconduct on a college campus, we are prepared to stand by your side with knowledge of the law, experience in hearings, and an unwavering commitment to protecting your rights today and your life well beyond the borders of your college or university campus.

What Is Title IX?

Though there are practical realities to Title IX far more than what is legally codified, Title IX is a federal civil rights law passed as part of the Education Amendments of 1972. Found in 20 U.S.C. § 1681 et seq., Title IX 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Although originally enacted to promote gender equity in education and athletics, Title IX has evolved dramatically, often to the detriment of an accused person who lacks the same protections he or she would find in a real court of law. Today, one of its most controversial and complex applications relates to how colleges and universities handle allegations of sexual misconduct, including:

• Sexual assault
• Sexual harassment
• Dating or domestic violence
• Affirmative Consent
• Stalking
• Gender-based discrimination
• Retaliation

Institutions that receive federal funding, which includes nearly all public and private colleges and universities, are legally required to investigate and respond to such allegations under Title IX regulations even if the people doing so, and ultimately making decisions that can impact your life’s trajectory, have no business doing so and are often ill-equipped and trained despite what a particular school may claim While there may be some crossover, these proceedings are separate from the criminal justice system but can have serious consequences, including suspension, expulsion, or termination of employment to mention irreparable harm to your good name.

Why You Need a Title IX Advisor with Prosecution and Defense Lawyer Experience

Title IX investigations are not criminal trials, but they can arguably be even more impactful. Whether you are the accused (the respondent) or the complainant (the person bringing the allegation), the stakes are incredibly high. Setting aside the common preponderance of the evidence standard, which is far less than proof beyond a reasonable doubt found in criminal trials, these proceedings can affect your academic standing, career, reputation, and emotional well-being on what amounts to be thin evidence at best. Unfortunately, many students and employees enter the process unaware of their rights, unprepared for procedural challenges, and unsupported by the institution itself.

Colleges and universities unequivocally often fail to provide the same due process protections and transparency found in a court of law. Though administrators will routinely provide lip service, respondents are often presumed guilty, while in others, complainants are dismissed or retraumatized by an unresponsive or biased process. What side you end up, and whether your proverbial judge, jury and executioner has predetermined your case, is a frightening unknown, but that’s why it is critical to retain experienced legal counsel who can protect your rights and advocate for your interests as your Title IX advisor.

At Saland Law, we understand that every Title IX case has two sides; and every person involved deserves fair treatment and a powerful advocate. Whether you are defending yourself against serious allegations or seeking justice as a complainant, we are here to make sure your voice is heard and your rights are upheld. 

Title IX Statutes and Regulations: The Legal Framework

Title IX itself is short and broad, but its real power lies not just how it’s interpreted and enforced through a particular school, but the regulations and guidance issued by the U.S. Department of Education’s Office for Civil Rights (OCR). Some of the most recent regulations were issued under 34 C.F.R. Part 106, which became effective on August 14, 2020.

Key Provisions of the 2020 Title IX Regulations:

1. Definition of Sexual Harassment
   Under 34 C.F.R. § 106.30, sexual harassment includes:
   
   • Quid pro quo conduct by an employee of the institution
     
   • Unwelcome conduct that is so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the institution’s program or activity
     
   • Sexual assault, dating violence, domestic violence, or stalking as defined under the Clery Act and VAWA
     
2. Notice and Investigation
   Schools must respond when they have actual knowledge of sexual harassment. This includes providing:
   
   • Written notice of allegations
     
   • Presumption of non-responsibility for the respondent (even if colleges and universities far too often don’t adhere to this rule)
     
   • Equal opportunity for parties to present evidence and access records
     
3. Live Hearings and Cross-Examination
   For postsecondary institutions, meaning, colleges and universities, live hearings are required, and parties must have an advisor to conduct cross-examination. If a party does not have an advisor, the school must provide one free of charge. Keep in mind, however, your advisor is not serving as your attorney and not acting as your lawyer. In other words, you are hiring or obtaining representation by an advisor who may, or may not, be a lawyer. That said, it is absolutely in your best interest to retain a criminal lawyer who has experience as both a prosecutor and criminal defense attorney because of the skill set required for the respective proceedings.
   
4. Standard of Evidence
   Schools may choose between a “preponderance of the evidence” or “clear and convincing” standard but must apply it consistently to all Title IX cases. More often than not, the former standard is implemented by colleges and universities. Keep in mind, this low bar for “guilt” favors the complainant.
   
5. Appeals and Informal Resolution
   Both parties must be given the right to appeal, and schools may offer informal resolution processes as long as participation is voluntary and informed.
   
6. Retaliation Prohibited
   Retaliating against a person for participating in a Title IX process is strictly prohibited. A violation of this policy can result in a separate proceeding and lead to similar sanctions including probation, suspension, or even expulsion.

Title IX Investigations vs. Criminal Charges

It’s crucial to understand that Title IX proceedings are not criminal in nature. However, they often run parallel to criminal investigations. A student accused of sexual assault may face both:

• A Title IX proceeding by the college or university
  
• A criminal investigation or prosecution by law enforcement

You can face serious consequences in one forum even if you prevail in the other. For example, even if no criminal charges are filed or you’re acquitted in court, you can still be found responsible under Title IX and face suspension or expulsion. For that matter, what you say in your Title IX case and the evidence collected there may be subpoenaed by prosecutors.

At Saland Law, we are equipped to represent clients in both Title IX proceedings across the nation and, outside of New York where we can represent you in criminal proceedings, assist your local attorney in related criminal investigations to coordinate strategy to protect your rights and avoid self-incrimination.

Who Can Be Accused Under Title IX?

Title IX applies to all students, faculty, staff, and affiliates of federally funded institutions. Common scenarios include:

• A college student accused of sexual assault by another student
• A graduate assistant or TA accused of misconduct
• A professor facing allegations of harassment by a student
• An athlete accused of dating violence or inappropriate behavior
• A study-abroad incident that triggers a Title IX investigation
• A fraternity brother charged with dating violence or sexual assault

Regardless of your role, if you are involved in an educational institution that receives federal funding, Title IX rules apply.

Your Rights Under Title IX

Whether you are a complainant or a respondent in a Title IX case, you are entitled to certain rights under federal law and regulations. These may include:

• The right to written notice of allegations: Both complainants and respondents must receive a formal, written notice outlining the nature of the allegations, the identities of the involved parties (if known), and the specific sections of the school’s code of conduct that are alleged to have been violated.
  
• The right to an advisor of your choice: Each party has the right to be accompanied by an advisor of their choice during any meetings, interviews, or proceedings. This advisor may be, and really should be, an attorney who has experience in Title IX and as both a prosecutor and criminal defense attorney. Having experienced legal counsel will be crucial for understanding the process and effectively presenting your case.
  
• The right to review all evidence: Both sides must be given equal opportunity to inspect and review all evidence directly related to the allegations, including exculpatory and inculpatory material. This ensures that the process is transparent and that both parties can respond fully and fairly.
  
• The right to a fair and impartial investigation: Title IX requires that investigations be conducted without bias and without any presumption of responsibility. Investigators and decision-makers must be properly trained and free from conflicts of interest.
  
• The right to present evidence and respond to claims: Both complainants and respondents have the right to submit evidence, identify witnesses, and respond to the other party’s claims throughout the process.
  
• The right to cross-examine the other party, through an advisor, at a live hearing: In cases involving postsecondary institutions, aka, colleges and universities, Title IX regulations require a live hearing at which each party’s advisor may cross-examine the other party and any witnesses. This helps ensure due process, particularly for respondents facing serious allegations.
  
• The right to a written determination: Both parties have the right to receive a written decision that includes factual findings, conclusions regarding responsibility, and a rationale for the outcome.
  
• The right to appeal: Both complainants and respondents are entitled to appeal the final determination under certain circumstances, such as procedural errors, newly discovered evidence, demonstrated bias by decision-makers, or certain sanctions.
  
• Protection against retaliation: Title IX prohibits any form of retaliation against individuals who file complaints, participate in investigations, or advocate for their rights. This protection applies equally to complainants, respondents, and witnesses.

Many students are unaware of these rights, are discouraged from fully exercising them, or simply don’t know how to enforce the rules that are in place to protect themselves or hold the other party accountable. At Saland Law, we ensure that your rights are enforced and respected from day one.

Title IX Defense Strategy: How We Help

Each Title IX case is different. Our approach at Saland Law is comprehensive and tailored to your specific circumstances. We assist with:

1. Pre-Charge Analysis and Advisement

We counsel clients who have been notified of a complaint or are under investigation. Whether you have formally been notified, had your initial meeting with the Title IX Coordinator or other party, or you heard rumors or a potential action, early legal intervention can shape the outcome of the case. Waiting to act can mean the difference between avoiding a hearing, a finding of not responsible, or a lifetime of regret after you find yourself playing catchup and reacting instead proactively responding to allegations.

2. Evidence Review & Response Preparation

Even before we thoroughly review all documentation, including the initial complaint, witness statements, and digital evidence (texts, emails, social media), we help you identify what we need and the parties who can potentially assist you. In fact, based on our training and experience, what you may believe is not relevant or helpful to your case may be quite the opposite. Once we have done our “homework” with you, we use this evidence to assist you in drafting and  preparing your written response and oral rebuttal to allegations.

3. Hearing Representation

We represent you in Title IX hearings and ensure cross-examinations are conducted effectively and respectfully through a trained advisor. Equally important, we ensure that you are prepared to articulate your story and stand up to the cross-examination by the other party or parties’ advisor(s).

4. Appeals & Sanction Mitigation

If a finding of responsibility is made, we prepare strong appeals based on procedural errors, new evidence, or disproportionate sanctions. While each case is unique, we have successfully challenged decisions on appeal as well as decisions made during the course of the investigatory or hearing process that change the trajectory of our client’s case.

5. Parallel Criminal Defense

When a Title IX allegation also results in criminal charges, we serve as both defense counsel when those accusations are in New York and strategic liaison with local counsel outside New York to safeguard against conflicting outcomes and mistakes that can compromise either case.

Nationwide Representation: Why Location Doesn’t Limit Us

Although Saland Law is based in New York City, we are not limited by geography. First, both parties, complainant and respondent, are entitled to advisors. Though the best advisors are routinely criminal defense attorneys and former prosecutors who have experience representing students, faculty, and administrators, advisors are not practicing in their lawyer capacity. As such, they needn’t be admitted to the state bar. This allows complainants and respondents to hire the best advisor for their circumstances without being restricted to the state where the school is located. Moreover, Title IX is federal law, and most investigations and hearings are conducted via video conference. Jeremy Saland has represented clients far from New York City with regularity and we can do so in any state or university whether in California, Texas, Florida, Pennsylvania, Illinois, Georgia, Arizona, Washington, or elsewhere. 

Whether you attend a large public university or a small private college, we are equipped to handle your case with the attention and priority it deserves. Simply, this is more than your academic life that is at stake, and there is no substitute for the experience, knowledge and advocacy we provide.

Frequently Asked Questions

Contact Saland Law Today | Protect Your Reputation, Education, and Future

If you are facing a Title IX investigation, whether as a respondent or a complainant, you need more than just advice; you need a powerful advocate. At Saland Law, we bring deep experience, legal acumen, and a fierce commitment to justice…and we have the history, training, and results to back it all up. Whether you’re a student, faculty member, or employee accused of sexual misconduct or seeking to assert your rights after experiencing it, we will help you navigate the complexities of Title IX with confidence and clarity. No, we cannot tell you what will happen, but we will certainly put you in the best place to protect yourself at your school and for your life moving forward.

Don’t wait for your reputation to be damaged, your safety to be compromised, or your future to be jeopardized. Contact Saland Law today for a confidential consultation and let us begin advocating for you.