High School Student Title IX Defense

At Saland Law, we understand the gravity of Title IX allegations when they involve high school students. While Title IX is often associated with college campuses, its reach is far broader. High schools, both public and private, that receive federal funding are subject to Title IX’s mandates. When a student is accused of sexual assault, dating violence, or other forms of misconduct involving sexual contact or lack of affirmative consent, the resulting Title IX investigation can turn a student’s academic and social life upside down.

Led by former Manhattan prosecutor Jeremy Saland, our firm provides strategic and compassionate representation to high school students and their families during these difficult times. From initial allegations through hearings, appeals, and possible collateral consequences, we ensure that our clients understand their rights, protect their future, and receive fair treatment. Although based in New York City, Saland Law advises and represents clients nationwide in Title IX matters.

This page provides a detailed overview of how Title IX applies to high school students accused of misconduct and how we can help you or your child navigate this life-altering process.

Understanding Title IX and Its Application to High School Students

What Is Title IX?

Title IX of the Education Amendments of 1972 is a federal civil rights law that prohibits sex-based discrimination in any educational program or activity receiving federal financial assistance. The statute is found at 20 U.S.C. §§ 1681–1688. Though originally enacted to address gender equity in sports and academics, its scope has expanded significantly over the decades. Today, Title IX requires schools to take action in cases of:

• Sexual harassment
• Sexual assault
• Dating violence
• Domestic violence
• Stalking
• Retaliation for reporting or participating in investigations
• Any unwanted sexual contact or behavior lacking affirmative consent

Importantly, the law mandates that schools maintain procedures to handle complaints and must provide supportive measures and a grievance process that ensures fairness to all parties involved, including both complainants and respondents.

Title IX in the High School Setting

High schools, just like colleges, are legally required to comply with Title IX if they receive any form of federal funding, which most do. That means public high schools, charter schools, and even many private schools are bound by Title IX’s standards. High school Title IX cases often involve:

• Allegations of sexual contact without affirmative consent during or after school hours
• Accusations stemming from text messages, social media, or rumors
• Dating violence between students in relationships
• Conduct on school property, at school-sponsored events, or even off-campus incidents that impact the school environment

What makes these cases especially sensitive is the age of the parties involved. With minors on both sides, school districts must balance student safety, privacy rights under laws such as FERPA, and legal obligations under Title IX and state laws.

How the Title IX Process Works in High School Cases

Initial Complaint and School’s Obligations

Once a school official learns of a potential Title IX violation either through a formal complaint or a report from a student, parent, teacher, or staff member, the school is obligated to respond promptly and in a manner that is not deliberately indifferent. This means initiating an inquiry or investigation that is thorough, impartial, and designed to resolve the issue effectively.

The Title IX Coordinator is responsible for overseeing the response. In high schools, the coordinator may be a designated staff member such as a guidance counselor, vice principal, or district compliance officer.

Supportive measures may be offered to both parties even before a formal complaint is filed. These can include:

• Changes to class schedules
• No-contact orders
• Counseling services
• Academic support or tutoring

While these measures are meant to be non-punitive, they can still disrupt the respondent’s daily life and social standing, especially in close-knit school communities.

Investigation Process

Once a formal complaint is filed, the school must conduct an investigation that allows both the complainant and respondent to present evidence, identify witnesses, and respond to claims. Unlike in criminal court, Title IX investigations in high schools often lack robust procedural safeguards. Students and parents may not fully understand their rights, and schools may use informal interviews or unclear standards of evidence.

At Saland Law, we make sure high school respondents and their families are fully informed at every step. We help them understand the importance of written and digital evidence, witness credibility, and maintaining appropriate behavior throughout the process.

Standard of Proof

Most high schools apply the “preponderance of the evidence” standard when determining whether a student is responsible for a Title IX violation. This means that if the school finds it more likely than not that the alleged misconduct occurred, a student may be found responsible even if there is no physical evidence or direct witness testimony.

Because this standard is lower than the “beyond a reasonable doubt” threshold used in criminal courts, students accused of sexual assault or unwanted sexual contact may be at significant risk without proper legal guidance.

Outcome and Disciplinary Action

If a school finds a student responsible, the consequences can be serious. High schools have a wide range of disciplinary tools at their disposal, including:

• Suspension (in-school or out-of-school)
• Long-term expulsion
• Transfer to alternative schools
• Loss of extracurricular privileges or leadership roles
• Impact on college applications and scholarship opportunities
• Involvement of law enforcement or referral to family court

Even before a formal finding, interim measures may have already caused academic disruptions, strained peer relationships, and reputational harm.

We understand that for high school students and their parents, these outcomes can feel overwhelming. Saland Law intervenes early, pushes back against unfair assumptions, and ensures students are not subjected to rushed or biased procedures that disregard their rights.

Title IX vs. Criminal Investigations

In some cases, Title IX proceedings at the school level occur simultaneously with, or in connection to, a criminal investigation or juvenile justice process. If a student is accused of sexual assault or similar conduct, law enforcement may become involved.

It is critical to recognize that statements made in a school setting can and often do make their way into police reports. School administrators are not required to advise students of their right to remain silent, and many students unknowingly incriminate themselves when interviewed by staff who later share the information with police.

Saland Law brings a dual perspective to these cases. As a former prosecutor, Jeremy Saland understands how evidence is built and used in both academic and criminal forums. We help students avoid self-incrimination, assert appropriate legal protections, and coordinate defense strategies across school and criminal systems.

Affirmative Consent and Age of Consent Issues

Understanding Affirmative Consent

Many high schools have adopted affirmative consent standards that define consent as a clear, voluntary, and informed agreement to engage in sexual activity. Silence, lack of resistance, or prior relationship history is not sufficient. In these cases, both parties must communicate their willingness, and the absence of an explicit “no” is not interpreted as a “yes.”

For young students, navigating these expectations can be confusing, especially when mixed with peer pressure, inexperience, and incomplete education on boundaries.

Our job is to make sure schools apply these policies fairly, with due consideration for each student’s maturity, mental health, and intent.

Age of Consent and State Law

Complicating matters further is the issue of statutory rape laws and age of consent. While Title IX is a federal law, schools also must consider applicable state laws when determining whether sexual contact among students is illegal. In New York, for example, the age of consent is 17. Sexual conduct involving someone under this age may result in not just school discipline, but also criminal prosecution.

Because laws vary significantly by state, Saland Law closely examines the interplay between local law and federal policy in every case we handle across the country.

Special Considerations for High School Respondents

Developmental Maturity and Disciplinary Equity

Unlike college students, high school students are still in critical stages of development. Their understanding of boundaries, consent, and communication is often still evolving. Schools have a responsibility to consider a student’s age, cognitive development, and learning needs when handling accusations.

Some schools, however, apply adult-level expectations without sufficient support or explanation, subjecting students to life-altering punishment for behavior they did not understand was wrong or inappropriate. This can be especially problematic for students with learning disabilities, neurodivergence, or limited access to sex education.

At Saland Law, we advocate for reasonable and developmentally appropriate responses that avoid needlessly punitive outcomes.

Parental Involvement and Privacy

High school cases often involve heightened tensions between protecting student privacy and involving parents in the disciplinary process. In some situations, schools may proceed with investigations without notifying parents until later stages, or they may limit parental participation in hearings.

We ensure families understand their rights to participate, review evidence, and advocate on their child’s behalf. We also push back when schools use opaque processes or deny meaningful opportunities for defense.

Appeals and Post-Resolution Advocacy

If a student is found responsible, Title IX regulations generally require that an appeals process be available to both the complainant and the respondent. Grounds for appeal may include:

• Procedural irregularities that affected the outcome
• New evidence not previously available
• Bias or conflict of interest by investigators or decision-makers

Saland Law prepares and submits detailed, persuasive appeals and pushes schools to reverse improper findings.

Even after a case is closed, we work with families to expunge records, craft statements for college applications, and restore a student’s academic standing.

Why Choose Saland Law for High School Title IX Defense?

At Saland Law, we are not just legal advisors, we are problem-solvers, advocates, and partners in protecting your child’s future. Jeremy Saland’s prosecutorial background gives our clients a unique edge in understanding how institutions think, what evidence matters, and how to protect students in high-stakes proceedings.

We take the time to understand each student’s story, tailor our strategy accordingly, and fight for outcomes that prioritize fairness, growth, and second chances.

Contact Saland Law to Protect Your Child’s Future

If your child is facing a Title IX allegation involving sexual assault, dating violence, or sexual contact without affirmative consent, do not wait to seek help. These cases move quickly, and early legal intervention can make a critical difference. At Saland Law, we are ready to guide you through every step of the process with skill, discretion, and compassion.

Call us today to schedule a confidential consultation. Whether you are in New York or anywhere else in the United States, we are here to protect your child, your family, and their future.