Title IX Defense for the Accused (Respondents)

It’s a great question: what are the consequences, sanctions and penalties for violating Title IX? Simply stated, when a student or school employee is accused of sexual misconduct under Title IX, the consequences can be life-altering and will be if you fail to secure the services of the best advisor for your circumstances. The emotional toll, reputational damage, academic decimation, and potential for disciplinary sanctions make these cases incredibly serious. Saland Law, led by Title IX advisor, criminal defense attorney and former Manhattan prosecutor Jeremy Saland, is dedicated to guiding accused students, faculty and staff, referred to as “respondents”, through the complex and often overwhelming Title IX process at colleges and universities across the nation. Although based in New York City, due to the virtual, online and Zoom based administration of Title IX investigations and hearings, Saland Law can represent respondents in any state, whether at a public or private college or university.

Whether you’re accused of sexual assault, dating violence, stalking, unwanted sexual contact, or violating affirmative consent standards, we understand the unique pressures you face and how vital a robust defense is not a luxury but a necessity to protect your rights on campus and both your life and future when you leave your school days in your rearview mirror.

What Is Title IX and What Does It Mean for Respondents?

Title IX of the Education Amendments of 1972 prohibits discrimination based on sex in any education program or activity receiving federal financial assistance. Codified at 20 U.S.C. §§ 1681–1688, Title IX has evolved to encompass not just equal access to education but also protections against sexual harassment, sexual assault, and other forms of gender-based misconduct.

In 2020, the U.S. Department of Education adopted formal regulations that clarified the rights of respondents in Title IX proceedings. These rules require schools to provide detailed notices of allegations, conduct impartial investigations, allow for live hearings with cross-examination by advisors, and issue written determinations of responsibility. In short, students and school employees accused of misconduct now have more defined procedural rights than ever before, even if those rights are often infringed upon by Title IX offices and diminished due to the all too often presumption of guilt instead of innocence.

Despite these codified rights, the stakes remain incredibly high. In fact, re-read that sentence and take it to heart. Title IX proceedings can, frighteningly often do, result in suspension, expulsion, permanent academic record notations, loss of scholarships, and severe reputational harm. A misstep at any stage of the process will not only leave you with an indelible stain of regret, but can irreversibly alter the course of a student’s education and career. At Saland Law, you should have no misgivings: we take these cases as seriously as our clients do.

Understanding the Allegations: Sexual Assault, Dating Violence, and Consent

Most Title IX cases involving student and employee respondents center on allegations of non-consensual sexual activity. The terminology and definitions vary slightly between institutions, but key concepts include:

Sexual assault generally refers to any non-consensual sexual act, which may involve penetration or sexual contact. In Title IX proceedings, this includes situations where consent was not given or could not be given due to intoxication, coercion, or incapacitation. Remember, affirmative consent can be unequivocal and firm in the beginning, but it can also be withdrawn at any time.

Dating violence involves acts of physical, emotional, or sexual abuse committed by someone in a romantic or intimate relationship with the complainant. This can include controlling behavior, threats, or physical harm. Dating violence is often interpreted fairly liberally. Whether or not there is a video recording, a message corroborating, or a witness sharing his or her views, a mere allegation can often substantiate a complaint enough to require a formal investigation.

Sexual contact covers a broad range of physical interactions that are sexual in nature and may be deemed inappropriate or non-consensual under school policies. This may include kissing, groping, or other forms of touching without clear, mutual agreement. There is often another element that requires that the sexual contact occur on an intimate part or that the intent of the contact be for sexual gratification, humiliation or other outlined reason.

Affirmative consent is the standard used by colleges and universities to define whether sexual activity was consensual. Under this standard, consent must be affirmative, knowing, voluntary, and ongoing. It cannot be inferred from silence or lack of resistance. Both parties must be actively and willingly participating. Even if the accused believed they had consent, misunderstanding or miscommunication can result in disciplinary charges.

The challenge with many of these cases lies in the fact that there are rarely witnesses or physical evidence. Often, it’s one person’s word against another’s, which makes the presentation of facts, credibility, and procedural accuracy all the more crucial.

The Title IX Process for Accused Students and School Employees

Although each institution may adopt slightly different procedures, the Title IX process follows a general framework established by federal regulation. Respondents must be informed of the nature of the allegations, allowed to review evidence, participate in a hearing, and appeal any adverse findings. However, despite these rights, the process can feel anything but fair without experienced guidance.

The initial notification often arrives suddenly, catching the accused completely off guard. A formal complaint is filed, triggering an investigation by the school’s Title IX coordinator or an outside investigator. After initially being informed and a meeting with a Title IX coordinator or other party to explain the process and rights of the parties, Respondents are then asked to participate in interviews, submit documents, and possibly appear in a live hearing.

It’s critical that students and employees accused of misconduct do not engage with the process unprepared. Early missteps—such as providing inconsistent statements, contacting the complainant directly, or failing to understand the scope of the accusations—can, and will, undermine what otherwise may be a strong and viable defense later on.

Saland Law works with students and school employees as their Title IX advisor from the moment they are notified of the complaint, ensuring their rights are preserved and that they don’t inadvertently harm their own case. Equally important, Saland Law will identify and help you secure the evidence you need before it is lost, altered, or corrupted.

Common Misconceptions Held by Respondents

Many accused students and their families believe that since Title IX is an internal school matter and not a criminal case, the risks are minimal. This is an incredibly dangerous misunderstanding that will leave your academic life and entire future potentially left in tatters

The consequences of a Title IX violation can be just as severe as a criminal conviction in practical terms. In some situations, it can actually be far, far worse to your life longterm. Students may be expelled, denied transfer opportunities, or rejected from graduate schools. Academic transcripts may reflect disciplinary action. Even worse, not only will the reputational damage from such allegations follow you for years, affecting employment prospects and personal relationships, but later in life if you have to certify that you have never admitted to certain wrongdoing, you may have to answer in the affirmative. Stated differently, if you want to work in the medical, legal, accounting, or financial field, for example, you may never “escape” the past that you failed to properly handle.

Another misconception is that innocence is self-evident. In reality, universities don’t apply the “beyond a reasonable doubt” standard used in criminal court. Most schools use a “preponderance of the evidence” standard—meaning they only need to find it more likely than not that the misconduct occurred. That 51% threshold makes it easier to be found responsible even in ambiguous or unclear situations. In non-legal terms, it doesn’t take that much for an already biased school to find against you whether they believe such a resolution is just or they are really just protecting themselves and the perception they are weak on safeguarding purportedly vulnerable parties.

Students may also believe they can explain their side to the investigator and resolve the situation informally. But without a proper understanding of the legal implications of their words, or, more importantly, how to construct and articulate them in a manner that does not come back to haunt them, they may say something that is later used against them.

Let’s be overwhelmingly clear: if you want to jam up your life and future, have at it without an advisor. However, if you want to protect yourself, your name, and your life as you know it, it is absolutely vital to work with an advisor who knows the law, understands the school’s procedures, and can help craft a clear, strategic response.

The Role of Your Advisor Under Title IX

Under the federal Title IX regulations, a student or school employee accused of sexual misconduct has the right to have an advisor of their choice during every phase of the disciplinary process, including the live hearing. This advisor can be an attorney, parent, faculty member, or anyone the student selects. Common sense and life experience should tell you, an attorney advisor is really your own option.

At Saland Law, Jeremy Saland uses his criminal defense and prosecutor “hat” to best serve our clients as their Title IX advisor. We not only help students and school employees prepare their written statements, identify, secure, and review evidence, and strategize responses, but we also prepare our clients to tell their truth and respond to their own cross-examination while also conducting the cross-examination of witnesses during the live hearing. As to these latter functions, there are few more effective weapons in your arsenal than effective cross-examination to expose contradictions, highlight inconsistencies in the complainant’s account, and bolster a respondent’s credibility.

We also ensure that hearing panels are trained, that decision-makers apply the proper standard of evidence, and that institutions follow their own procedures and deadlines. Wilting flowers, we are not. If some irregularity or unlawfulness needs our attention, we will call it out.

Procedural Safeguards Every Respondent Should Expect

The current Title IX regulations, found in 34 C.F.R. Part 106, provides a series of rights that educational institutions must honor during disciplinary proceedings. These include:

• The right to receive written notice of the allegations and investigation.
  
• Access to all evidence gathered during the investigation, even if the school does not intend to rely on it.
  
• The opportunity to respond to evidence in writing.
  
• A live hearing with cross-examination conducted by an advisor.
  
• An impartial decision-maker.
  
• A written determination of responsibility with specific findings.
  
• The right to appeal on limited grounds, such as procedural irregularity, newly discovered evidence, or bias.

While these rights sound straightforward on paper, in practice they are often complicated by institutional pressure, conflicting policies, or investigators with little legal training. Our firm’s advisors ensure these rights are respected at every step.

Why Saland Law Is Different

Jeremy Saland’s background as a prosecutor in the Manhattan District Attorney’s Office under Robert Morgenthau and as a criminal defense attorney informs every case he handles. He understands how investigators think, how hearings are structured, and how evidence is evaluated. Jeremy knows how to prep his own witnesses, present evidence and cross-examine an accuser without making you look like the “bad guy”.

Unlike advisors who only represent respondents or lack the experience as both a defense lawyer and prosecutor, Jeremy has also advised complainants, giving him a complete understanding of both sides of the process. This allows him to anticipate the strategies used by Title IX investigators, hearing panels, adjudicators, and the accuser’s own advisor, and build more effective defenses for his clients.

Saland Law’s approach is hands-on and comprehensive. We don’t take a passive role. From the moment we are retained, we work to understand the allegations, develop an investigative strategy, prepare for the hearing, and ensure the accused is emotionally and legally supported. Every step is calculated to protect not just the accused’s rights, but their future.

Representing Clients Nationwide

Though headquartered in New York City, Saland Law represents students and school employees at colleges and universities across the country. Not only are Title IX cases routinely handled virtually, thereby not necessitating a local advisor, it’s a far smarter move to retain an advisor with real experience and knowledge who may be states away than  a far less competent or inexperienced only a few blocks from campus.  We are familiar with the Title IX policies of large research institutions, small liberal arts colleges, Ivy League schools, and public universities alike. Whether your school is in California, Texas, Pennsylvania, or anywhere else in the United States, we can provide the strategic guidance and legal advocacy you need.

Again, most institutions allow respondents, complainants, witnesses and advisors to participate remotely via video conferencing, which allows us to assist the accused regardless of geography. And because the Title IX process is governed by federal law, the basic framework remains consistent across state lines.

Protecting Your Future Starts Today

Facing a Title IX accusation is deeply stressful. For many students and school employees, it is the most challenging experience of their lives. But you do not have to go through it alone. At Saland Law, we believe every person deserves a fair process, a strong defense, and the chance to continue their education without being unfairly penalized.

If you or your child has been accused of sexual misconduct under Title IX, take the first step toward protecting your rights by contacting our firm today. Early intervention can be the difference between a favorable resolution and a devastating outcome.