Because There Is No
Substitute for Experience,
Knowledge & Advocacy
Substitute for Experience,
Knowledge & Advocacy
Featured In
Graduate & Medical Student Title IX Defense
At Saland Law, we recognize that a Title IX allegation against a graduate or medical student is not just an academic issue; it is a personal and professional crisis. For many students in advanced degree programs, the stakes are exponentially higher. Whether you are pursuing a Ph.D., MBA, JD, MD, or another graduate-level degree, your future hinges on maintaining academic standing, professional reputation, and the ability to obtain licensure and employment in a competitive, highly credentialed field.
Saland Law, founded by former Manhattan prosecutor Jeremy Saland, offers experienced, strategic representation to both complainants and respondents navigating Title IX proceedings. While our office is located in New York City, our reach extends nationwide. We defend graduate and medical students from Title IX allegations involving sexual assault, dating violence, stalking, sexual harassment, and other forms of sex-based misconduct.
Whether the accusation arises in a classroom, lab, hospital rotation, research project, or even at an off-campus social function, the implications are immediate and lasting. Our goal is to provide you with the legal insight, strategic advocacy, and due process protections you need to respond effectively.
Understanding Title IX and Its Scope
Title IX of the Education Amendments of 1972, codified at 20 U.S.C. §§ 1681–1688, prohibits discrimination on the basis of sex in any education program or activity that receives federal funding. Over the decades, Title IX has expanded in application, now encompassing a wide range of misconduct including:
- Sexual assault
- Dating violence
- Domestic violence
- Stalking
- Sexual harassment
- Unwelcome sexual contact
- Non-consensual sexual conduct
- Failure to obtain affirmative consent
In graduate schools and medical programs, Title IX applies not only to students but also to faculty, researchers, clinical supervisors, and university employees. This means that a graduate or medical student can be accused by a classmate, subordinate, co-researcher, or supervising faculty member, and vice versa. The complex power dynamics present in higher education and clinical training environments can further complicate the allegations and the investigative process.
Unique Challenges for Graduate and Medical Students
The consequences of a Title IX allegation are profound for any student, but graduate and medical students face a distinct set of pressures. You may be juggling rigorous coursework, research responsibilities, clinical rotations, or teaching obligations. A Title IX complaint can derail your career path, disrupt your licensing timeline, and trigger professional reporting obligations.
Clinical Rotations and Professional Impact
Medical students often perform clinical work at affiliated hospitals or health systems. If accused of sexual contact without consent, sexual harassment, or other Title IX violations, students may be suspended from clinical access pending the investigation. This can delay graduation, bar entry into residency programs, or prompt reporting to professional licensing boards.
Funding, Research, and Advisor Relationships
Graduate students frequently depend on assistantships, research grants, and close academic mentorship to progress toward their degree. A Title IX investigation may involve allegations from within the research group or against an academic advisor. Even if the student is not formally sanctioned, the fallout may include lost funding, broken professional ties, or irreparable damage to a dissertation or research trajectory.
Career Consequences Beyond Campus
Title IX findings are often reportable in graduate school applications, licensing disclosures, and background checks for jobs or fellowships. For medical students, a finding of responsibility may need to be disclosed on the Electronic Residency Application Service (ERAS) or to medical licensing boards. Graduate students in law, academia, education, or counseling may face similar scrutiny from credentialing authorities.
Title IX Process for Graduate and Medical Students
Understanding how a Title IX case progresses is essential for preparing a proper defense. Saland Law meticulously prepares each client by analyzing the school’s procedures, potential violations, and opportunities to intervene with well-grounded legal advocacy.
Notice of Allegations and Interim Measures
The process begins when the university issues a formal notice of investigation to the respondent. This document outlines the alleged conduct, the applicable policies or codes of conduct, and the identity of the complainant. At this stage, interim measures may be imposed, including no-contact orders, removal from lab or clinical placements, or even temporary suspensions. These interim actions are not disciplinary per se, but they can have lasting academic and reputational consequences.
Our firm often intervenes early to challenge unreasonable or overly punitive interim measures. If appropriate, we may seek modifications to allow the student to continue their studies while preserving safety and compliance with university policy.
Investigation Phase
A Title IX investigator, either internal or external, will begin collecting evidence. This may include interviews with the complainant, respondent, and witnesses, as well as the review of text messages, emails, social media content, and campus surveillance footage. The investigator is tasked with gathering both inculpatory and exculpatory evidence.
Graduate students may need to supply research communications, lab notebooks, patient assignments, or other professional documentation. Medical students may be scrutinized based on interactions in clinical settings where power imbalances or supervisory relationships exist. Jeremy Saland brings prosecutorial insight to this phase, ensuring the evidence is contextualized properly and procedural fairness is observed.
Evidence Review and Response
Before the final report is issued, both parties are typically given an opportunity to review and respond to the evidence. At Saland Law, we guide clients in preparing detailed, strategic responses that address inconsistencies, highlight omitted context, and provide mitigating or exonerating material. This stage may determine whether the investigator substantiates the allegation and refers it to a hearing.
Live Hearing and Cross-Examination
Many institutions, particularly post-2020 under federal guidance, provide a live hearing format with cross-examination. In these settings, an advisor conducts questioning on behalf of each party. Although this is not a courtroom proceeding, it is adversarial in nature. A skilled and experienced advisor is essential.
Jeremy Saland, drawing from years as a prosecutor and defense attorney, prepares rigorous cross-examinations and identifies credibility issues, contradictions, or gaps in the complainant’s account. In cases involving ambiguous consent, alcohol, or sexual contact, we emphasize the importance of affirmative consent policies and assess whether the evidence meets the university’s burden of proof.
Standard of Proof and Determination
Most Title IX hearings use the “preponderance of the evidence” standard, meaning that the panel must determine it is more likely than not that the misconduct occurred. In some graduate schools, especially professional programs with additional codes of conduct, this standard may be applied alongside ethics rules governing fitness for licensure.
A finding of responsibility may result in sanctions ranging from probation and education mandates to suspension or expulsion. For medical students, the school may also report the finding to affiliated hospitals, national medical boards, or residency programs.
Appeals and Post-Hearing Remedies
Graduate and medical students may have the right to appeal a Title IX decision. Grounds typically include procedural errors, new evidence, or allegations of bias. Saland Law evaluates the strength of your appeal based on the record and the written rationale of the decision-makers.
In some cases, especially where due process violations or discriminatory enforcement occurred, we may explore litigation options outside of the campus setting, including civil rights actions under Title IX or related statutes.
Affirmative Consent and Its Role in Defense
Affirmative consent (meaning conscious, voluntary, and mutual agreement to engage in sexual activity) is a key issue in many graduate student cases. Some schools require continuous, affirmative consent throughout any sexual encounter, especially when alcohol or power imbalances are involved.
Saland Law carefully evaluates whether the facts presented demonstrate a lack of affirmative consent or whether the university is imposing unreasonable expectations not supported by policy. In medical school cases, where students may interact with patients, faculty, and hospital staff, we take particular care to distinguish between inappropriate conduct and conduct that is mischaracterized or improperly framed due to institutional politics or interpersonal disputes.
How Saland Law Defends Graduate and Medical Students
Saland Law provides hands-on legal and strategic guidance at every stage of the Title IX process. Our representation is tailored to the unique demands of graduate and medical education. We begin by reviewing the school’s Title IX policy, assessing the strength of the allegations, and identifying all procedural rights available to the respondent.
We do not offer generic solutions or one-size-fits-all strategies. Each student’s case is as unique as the academic path they have followed. Whether the allegation involves off-campus sexual contact, professional ethics, clinical behavior, or alleged dating violence between classmates, we bring a full-spectrum defense informed by legal experience and institutional insight.
We also work closely with outside experts, when necessary, including forensic psychologists, consent specialists, and academic advisors, to provide a full defense. If the matter extends into criminal territory or results in arrest, Jeremy Saland’s background as a prosecutor becomes indispensable in navigating parallel proceedings.
Take the First Step Toward Protecting Your Future
If you are a graduate or medical student facing a Title IX investigation or hearing, your academic career and professional future may be at risk. Do not face this process alone. Saland Law is here to defend your rights, protect your reputation, and safeguard your future.
With experience advising respondents and complainants in some of the nation’s most rigorous institutions, Jeremy Saland and the team at Saland Law understand what’s at stake and how to fight back. Whether the case involves sexual assault, dating violence, affirmative consent disputes, or harassment allegations, we are ready to serve as your advocates and advisors.