International Student Title IX Defense

At Saland Law, we recognize the profound stress and uncertainty that international students face when accused of misconduct under Title IX. These situations are far more than academic; they can determine whether you remain enrolled, whether your visa is jeopardized, and whether your educational and professional goals remain intact. Led by former prosecutor Jeremy Saland, Saland Law delivers experienced and personalized legal guidance through every step of the Title IX process. Although based in New York City, our practice is national. We defend and advise students across the United States with discretion, diligence, and sensitivity especially when sexual assault, dating violence, or allegations of sexual contact without affirmative consent are involved.

Understanding Title IX and Its Reach

Title IX of the Education Amendments of 1972 (20 U.S.C. §§ 1681–1688) is a federal law prohibiting sex-based discrimination in any education program or activity receiving federal financial assistance. Initially focused on equality in athletics and academic opportunities, Title IX has evolved to encompass a broader range of misconduct, including sexual harassment, sexual assault, stalking, domestic violence, and dating violence.

Federal regulations under 34 C.F.R. Part 106, particularly Section 106.30, define “sexual harassment” to include conduct such as quid pro quo propositions, unwelcome sexual behavior that is so severe it denies a person equal access to education, and specific criminal acts such as sexual assault or rape. These definitions form the basis of many campus disciplinary cases and establish the rights of both complainants and respondents during investigations and hearings.

The U.S. Department of Education requires schools to respond promptly and effectively to Title IX complaints. This includes offering supportive measures to both parties, initiating investigations where appropriate, and conducting hearings or alternative resolution processes that uphold fairness and procedural integrity. For international students, who often navigate these processes without the support of close family, and who may struggle with language and cultural differences, the consequences of a Title IX case can be devastating if not managed correctly.

The Unique Stakes for International Students

For a domestic student, a Title IX investigation can lead to suspension, expulsion, or damage to reputation. For an international student, those outcomes carry additional, often more severe, consequences. If a student on an F-1 visa is suspended or expelled, their visa can be terminated. Without active enrollment in a qualifying academic program, they may be forced to leave the country. Even the imposition of a temporary suspension while a case is pending can jeopardize immigration status, leaving a student in legal limbo.

Additionally, international students often come from cultural backgrounds where concepts like affirmative consent or dating norms differ significantly from those in the United States. What might seem like respectful behavior in one culture may be perceived very differently in an American academic setting. Language barriers, unfamiliarity with legal terminology, and fear of institutional authority further compound the vulnerability many international students feel during these proceedings.

At Saland Law, we approach each international student’s case with careful attention to these cross-cultural dynamics. We ensure our clients understand their rights, the allegations, and how to respond effectively. Our representation bridges cultural divides and protects against misunderstandings that can unfairly tilt a disciplinary proceeding.

How Title IX Investigations Begin

Most Title IX cases begin when a student, faculty member, or campus employee files a complaint with the school’s Title IX office. In some situations, the school may initiate a case on its own based on third-party reports or observed behavior. Once the school is on notice of potential misconduct, it has an obligation to investigate promptly.

The first step usually involves sending the respondent a formal notice of investigation. This document outlines the allegations, the identities of the parties involved, and the general nature of the alleged conduct. While the tone may seem neutral, this notice marks the beginning of an intensive fact-finding process that can have serious disciplinary, academic, and legal outcomes.

Supportive measures, such as no-contact orders, housing reassignments, or class schedule changes, are often implemented at this stage. Although these measures are not considered punitive, they can feel like punishment, especially when they isolate students or interfere with their ability to attend certain classes or interact with peers. For international students who may already feel culturally or socially isolated, these restrictions can be particularly difficult.

The Investigation Process

Once the investigation is underway, the school typically appoints a Title IX investigator to gather facts. This process includes interviews with both parties, as well as with witnesses, and collection of physical or digital evidence, such as text messages, emails, and social media posts. Both complainant and respondent are given the opportunity to present evidence, respond to allegations, and review the materials gathered by the investigator.

Title IX regulations require that investigations be fair and impartial. However, schools do not follow the same standards as a court of law. Rules of evidence are relaxed, hearsay may be permitted, and in many cases, there is a significant discretion left to investigators and decision-makers. While the legal standard used in most Title IX cases is a “preponderance of the evidence” meaning it is more likely than not that the misconduct occurred, this low threshold can lead to findings of responsibility even in cases with conflicting or incomplete accounts.

Throughout the investigation, Saland Law remains deeply involved. We help students draft statements, respond to questions, and identify exculpatory evidence. We ensure that procedural rights are protected and that no unfair assumptions about cultural background or communication style are made against our clients. Our legal counsel is rooted in an understanding of both Title IX procedures and the nuances of international student life.

Hearings and Determinations

Following the investigation, most institutions schedule a hearing. This is a critical stage in the Title IX process. A panel or designated hearing officer will review the evidence and hear live testimony. Cross-examination is often permitted, but usually through advisors rather than the parties themselves. In many cases, both complainant and respondent participate via video, especially when issues of safety or trauma are involved.

The hearing can be stressful and emotionally charged. The stakes are high, and many students feel overwhelmed at the thought of defending themselves under such scrutiny. International students, in particular, may fear saying the wrong thing due to language limitations or unfamiliarity with the system.

At Saland Law, we prepare our clients thoroughly for these hearings. We rehearse testimony, clarify factual narratives, and help students understand how to respond clearly and effectively. Our attorney participates directly in the hearing as permitted, ensuring that questions are framed properly, inconsistencies in the other party’s statements are addressed, and the full context of the situation is presented.

Once the hearing concludes, the decision-maker will issue a written determination. If the student is found responsible, the school may impose sanctions ranging from a written warning to permanent dismissal. For an international student, even a minor sanction can trigger immigration complications.

Appeals and Post-Hearing Remedies

Title IX regulations require schools to offer an appeal process to both complainants and respondents. Grounds for appeal typically include procedural errors, new evidence that was not available at the time of the hearing, and bias on the part of the investigator or hearing panel.

Saland Law has achieved success in many cases by identifying critical procedural missteps or overlooked evidence during appeal. Appeals require precise, well-reasoned arguments that go beyond emotional pleas or general dissatisfaction with the outcome. For international students, successful appeals can mean not only academic reinstatement but also preservation of visa status and future opportunities.

When necessary, we collaborate with immigration attorneys to address visa complications that arise after a finding of responsibility. A student facing removal proceedings, revocation of status, or a bar to re-entry needs coordinated legal support. Saland Law ensures our clients have a strategy that considers both their educational rights and their ability to remain in the United States lawfully.

Consent, Culture, and Miscommunication

One of the most challenging aspects of Title IX investigations involving international students is the question of affirmative consent. Many U.S. schools follow a “yes means yes” policy, meaning that all parties must actively and voluntarily agree to sexual activity. Consent cannot be assumed from silence, passivity, previous sexual encounters, or intoxication.

For students raised in cultures where such direct verbal communication is uncommon, or where gender roles differ significantly, these expectations can be difficult to understand or meet. Unfortunately, schools may not always recognize the role cultural misunderstanding plays in how a student perceives and communicates consent.

Saland Law does not excuse misconduct based on culture, but we do insist that the full context of a student’s actions, background, and communication style be considered. We work with experts when needed to explain how cultural misunderstandings may have influenced an encounter and why a student’s conduct, though perhaps inconsistent with U.S. norms, did not rise to the level of a Title IX violation.

Why Experience Matters

Jeremy Saland’s background as a prosecutor offers clients the advantage of working with someone who has evaluated hundreds of investigations, examined evidence critically, and understood how to challenge narratives from either side of a dispute. This experience informs every case we take. Whether we are advocating for dismissal of a claim, preparing for a hearing, or building an appeal, we apply our legal knowledge with strategic precision.

Our firm also understands how to handle delicate matters outside the formal process. In some cases, informal resolution through mediation or negotiated agreements can protect a student’s record and avoid drawn-out proceedings. We explore these options carefully, always with the client’s best interest in mind.

Contact Saland Law Today

If you are an international student facing a Title IX complaint, whether as a respondent or a complainant, you cannot afford to handle the process alone. The academic, legal, and immigration stakes are too high. Saland Law provides experienced, culturally sensitive, and aggressive representation to protect your future. We understand the nuances of student life, cross-cultural communication, and the unforgiving nature of Title IX proceedings. Most importantly, we know how to win.

Our practice is headquartered in New York City, but our reach is national. Through virtual hearings and coordinated representation, we assist students from California to Florida, from Texas to Massachusetts. You do not have to face this challenge alone.

Call Saland Law today. Let us stand between you and the consequences.