Student-Athletes Accused Under Title IX

Title IX advisors know that for student-athletes, the college experience is a blend of intense academic demands, high-performance athletic competition, and the pressures of representing a university on and off the field. When these athletes are accused of sexual misconduct, ranging from sexual assault to dating violence or non-consensual sexual contact, the fallout can be swift and devastating. Title IX allegations against student-athletes carry layered consequences, often impacting eligibility, scholarships, and their ability to remain enrolled or graduate.

Saland Law, led by Title IX advisor, criminal defense attorney, former New York prosecutor Jeremy Saland, offers skilled and tenacious Title IX representation for respondents. Stated differently, as much as you give of yourself on the field or court, Jeremy brings that same fortitude in your defense within the four corners of the law and your college or university campus. Based in New York City, Saland Law is able to represent student-athletes across the United States, including those participating in NCAA, NAIA, and NJCAA athletics, because of the online and virtual manner in which the vast majority of these cases are “prosecuted” by colleges and universities. At bottom, Jeremy brings the courtroom acumen of a seasoned prosecutor, trial skill of a defense attorney, and knowledge of a Title IX advisor into the educational disciplinary arena, providing a powerful voice for those accused of wrongdoing. .

Title IX Allegations Facing Student-Athletes

Student-athletes accused of misconduct under Title IX are in a uniquely vulnerable position. The ramifications of an accusation reach beyond academic standing and can dramatically disrupt their athletic careers, public image, and future professional opportunities whether that is in a professional sports league or as a doctor, lawyer, accountant, teacher, or professional in any other field

Common allegations include:

• Sexual assault involving physical acts without affirmative consent
  
• Sexual contact that violates a school’s code of conduct
  
• Dating violence, particularly in relationships that begin on or around campus
  
• Stalking, including persistent and unwanted contact via digital or in-person methods
  
• Violation of affirmative consent policies, where one party claims the other proceeded without clear, ongoing, and voluntary agreement

Athletes face not only school-based disciplinary action but also consequences from their athletic department, the NCAA or affiliated organizations, and in some cases, law enforcement. The intersection of education law, athletics compliance, and criminal liability makes experienced representation critical.

NCAA Student-Athletes and Title IX

The National Collegiate Athletic Association (NCAA) governs intercollegiate sports for over 1,000 colleges and universities and is divided into three divisions. Each comes with its own athletic, financial, and institutional priorities, but all are subject to Title IX. Yes, that means you are too.

NCAA Division I

Division I includes the most competitive and high-profile athletic programs in the country. Athletes in this division often receive full or partial scholarships and are heavily integrated into campus branding, marketing, and revenue-generation efforts.

When a Division I athlete is accused of a Title IX violation:

• Suspension from the team or indefinite benching is common, often pending investigation
  
• Athletic scholarships may be revoked or withheld
  
• Athletes may be barred from team housing, travel, or training facilities
  
• Media attention may amplify reputational damage long before any formal finding

The fallout can derail Olympic dreams, pro aspirations, or even graduation timelines. For this reason, strategic defense in both the school’s Title IX process and external arenas is absolutely vital.

NCAA Division II

Division II schools offer a balance between athletics and academics. While still incrediblycompetitive, these programs may not have the same media exposure or resources as Division I. That said, athletes in Division II often receive scholarships and can face serious disruptions when accused of misconduct.

Sanctions may include:

• Academic probation or suspension
  
• Loss of scholarship
  
• Dismissal from the team
  
• Permanent notations on transcripts affecting transfer options

Defense counsel must work not only within the confines of Title IX rules but also closely coordinate with athletic departments to limit additional harm to the athlete’s future.

NCAA Division III

Division III places the greatest emphasis on academic achievement, and institutions may not offer athletic scholarships seen at the highest levels at schools in the Big 10, SEC, Big 12 or ACC. Nevertheless, athletes in these programs are still held to strict standards of conduct.

Allegations under Title IX can lead to:

• Removal from the team
  
• Disciplinary action affecting academic progress
  
• Campus bans or housing restrictions
  
• Inability to serve in leadership roles or participate in travel

Saland Law understands the academic and athletic balance Division III athletes seek and provides tailored support that keeps both in mind.

The NAIA and Title IX Investigations

The National Association of Intercollegiate Athletics (NAIA) governs smaller colleges and universities with a focus on character-driven competition. Though the NAIA operates independently of the NCAA, Title IX still applies to its member institutions if they receive federal funding.

NAIA athletes accused of Title IX violations can experience:

• Suspension or dismissal from athletic teams
  
• Termination of scholarships or grants
  
• Academic sanctions affecting eligibility

Because NAIA schools often have more streamlined disciplinary processes and may lack formal hearings, an attorney’s involvement early in the process can make all the difference. Saland Law ensures that students receive adequate notice, an opportunity to respond meaningfully, and access to appeal procedures when necessary.

NJCAA: Community College Athletes and Title IX

The National Junior College Athletic Association (NJCAA) is the governing body for two-year institutions. Community college athletes may be in transition—either preparing to transfer to a four-year program or seeking athletic development with a shorter-term educational goal.

When a student-athlete at an NJCAA school is accused of sexual misconduct:

• Athletic eligibility can be immediately suspended
  
• Transfer to another institution may be affected if not cleared of allegations
  
• Disciplinary sanctions can lead to academic dismissal or transcript notations

Title IX cases in NJCAA settings may move quickly and with less formality than those in larger institutions, so athletes need swift, experienced legal guidance to protect their rights and their future opportunities. Saland Law provides exactly that.

Affirmative Consent and Student-Athletes

Affirmative consent is a foundational concept in Title IX proceedings. Most colleges and universities, particularly those in states like California and New York, require ongoing, enthusiastic, and voluntary agreement to engage in sexual activity. This means:

• Silence or lack of resistance does not constitute consent
  
• Consent must be clear for each sexual act, not just initial intimacy
  
• Past sexual history or relationship status does not imply current or future consent
  
• Incapacitation due to alcohol or drugs invalidates any purported consent

Student-athletes, who may find themselves in highly social environments, need to understand how these standards apply. A single misunderstanding, even without malicious intent, can lead to life-altering consequences. When allegations arise, having legal representation that can evaluate and challenge how consent was interpreted or enforced is crucial.

The Disciplinary Process: What Student-Athletes Should Expect

Every school has its own Title IX policies, but most follow a framework similar to the one established by federal regulations. A typical process includes:

Notice of Allegations

Once a complaint is filed, the accused student (the respondent) will receive a formal notice describing the allegations, the potential policy violations, and information about the investigatory process.

Investigation Phase

Investigators interview witnesses, gather documentation, and review digital evidence such as messages, emails, and social media. Both parties can present evidence and propose witnesses.

Hearing (If Applicable)

Schools require live hearings, particularly under Title IX regulations issued in 2020. Each party may be advised and cross-examined by their advisor.

Findings and Sanctions

If a finding of responsibility is made, the school may issue disciplinary sanctions including suspension, expulsion, or other remedies.

Appeals

Both parties have the right to appeal the outcome based on procedural errors, new evidence, the nature of the sanction, and perceived bias.

Athletes face additional pressure because athletic departments may impose interim suspensions or penalties even before the school issues a formal finding. Saland Law actively engages with school officials to protect eligibility and ensure that interim measures are not unjustly punitive.

Coordinating Defense with Athletic Departments

In many cases, athletic departments act separately from Title IX investigators. This can create confusion and the risk of double jeopardy; punishment from both the school’s disciplinary office and the sports program. Saland Law works with both offices to:

• Advocate for continued eligibility during the investigation
  
• Prevent premature suspension or scholarship revocation
  
• Request confidential treatment to minimize reputational harm
  
• Preserve the athlete’s ability to participate in future competitions

When necessary, Saland Law also assists in NCAA, NAIA, or NJCAA-related matters to ensure that sanctions do not extend unfairly across leagues or institutions.

Nationwide Representation

Jeremy Saland, founder of Saland Law, is a criminal defense attorney, former Manhattan prosecutor, and Title IX advisor with years of experience handling both criminal cases and school disciplinary matters. He has represented students in Title IX proceedings at major universities including Columbia, Cornell, NYU, Fordham, SUNY, and other prominent institutions. He understands that for student-athletes, a disciplinary charge isn’t just a personal problem, it’s a professional crisis.

Saland Law:

• Represents both complainants and respondents
  
• Works with NCAA, NAIA, and NJCAA athletes
  
• Handles hearings, appeals, and interim measure negotiations
  
• Provides guidance on reputation management and legal strategy
  
• Has the experience to understand and challenge Title IX procedures

Although based in New York City, Saland Law serves clients nationwide, providing advocacy for student-athletes across all 50 states.

Your Athletic Career Deserves Protection

When you’ve worked your entire life to reach the collegiate level of athletics, one accusation, especially one born from regret, jealousy or anger, should not destroy your future. Whether you’re a Division I football player, an NAIA basketball recruit, or a community college wrestler hoping to transfer to a four-year program, your rights matter. Title IX proceedings are serious, and the consequences can last long after college.

Saland Law delivers the experience, skill, and commitment needed to defend student-athletes at every stage of the Title IX process. With decades of legal knowledge, a deep understanding of campus procedures, and a passion for advocacy, Jeremy Saland fights to protect not only your rights but your future.

If you or your child is a student-athlete accused under Title IX, contact Saland Law today for a confidential consultation. Don’t wait until a hearing is scheduled or a team suspension is announced. Early intervention can make all the difference.