Students in Fraternities and Sororities Accused Under Title IX

Any Title IX advisor who has been “around the block” and has real experience in Title IX matters knows that colleges and universities may present a facade of evenhandedness and fairness, but when it comes to Greek life, they are quite the opposite. Nonetheless, fraternity and sorority life is an integral part of the college experience for many students. Yet the same institutions that offer brotherhood, sisterhood, and lasting friendships can become ground zero for serious Title IX allegations ranging from sexual assault and dating violence to non-consensual sexual contact and violations of affirmative consent standards. For students accused under Title IX, particularly those involved in Greek life, the consequences can be swift, severe, and life-changing.

Title IX of the Education Amendments of 1972 prohibits sex-based discrimination in any education program or activity receiving federal funding. Over the past two decades, its scope has broadened to include a wide range of alleged sexual misconduct on college campuses. Fraternity and sorority members are frequently the subject of such allegations, whether tied to alleged behavior at a social event, in a shared residence, during chapter-affiliated activities, or part of a wide “guilt by association” wrong place at the wrong time.

Saland Law, founded by criminal defense attorney and led by former Manhattan prosecutor Jeremy Saland, represents students facing Title IX accusations with tenacity, discretion, and a keen understanding of both college disciplinary procedures and the lasting impact these cases can have. Based in New York City but representing clients nationwide due to the arms length manner in which these matters are pursued on Zoom and similar applications, Saland Law provides sophisticated legal guidance to protect reputations, safeguard futures, and ensure a fair process from start to finish. Simply, you deserve nothing less.

Title IX: What It Is and How It Applies to Greek Life

Understanding the Law

Title IX states, “No person in the United States shall, on the basis of sex, be excluded from participation in… or be subjected to discrimination under any education program or activity receiving Federal financial assistance.” Although originally focused on equal access to educational and athletic programs, Title IX now encompasses sexual harassment, sexual assault, dating violence, and similar misconduct.

Regulations set forth in 34 C.F.R. §106 require educational institutions to respond promptly and equitably to such allegations. The scope of Title IX jurisdiction includes on-campus conduct, off-campus activities related to the educational institution, and situations that create a hostile environment for other students.

Why Fraternity and Sorority Members Are Frequently Accused

Fraternities and sororities are often associated with high-profile social events, late-night parties, and situations where alcohol, legal, and sometimes illegal, substances are ingested, and informal, intimate and personally close interactions are common. These settings, especially when combined with inebriation, peer pressure and unclear understandings of consent, can lead to misunderstandings and, in some cases, serious allegations.

When accusations arise in these environments, the presence of multiple witnesses, conflicting stories, and social affiliations can complicate investigations. The accused student often finds themselves facing not only institutional consequences but public judgment from classmates, faculty, and the campus community. The stakes are magnified for Greek life students because disciplinary findings can lead to suspension, expulsion, loss of leadership positions, and even the dissolution of their chapter. Arguably worse, and as shared repeatedly, guilt by association and anti-Greek bias may not be spoken or admitted, but is on the tip of almost every Title IX coordinator, investigator and adjudicator’s tongue.

The Title IX Process: What Respondents Should Expect

Initial Complaint and Notification

The Title IX process begins when a formal complaint is submitted to the school’s Title IX office. This can come from a student, faculty member, or third party. If the complaint meets jurisdictional requirements, the accused student, referred to as the respondent, will receive a written notice outlining the nature of the allegations and the process that will follow.

Many students are caught off guard by the tone and formality of this notice. It often outlines conduct that, if proven, could result in life-altering consequences. This is the moment when a Title IX advisor  becomes essential. Statements made in early interviews, even when intended to explain or clarify, can later be used against the respondent.

Investigatory Phase

After notification, the school assigns an investigator or a team of investigators to collect evidence. This may include text messages, photos, security footage, social media activity, and interviews with the complainant, respondent, and any witnesses. Some institutions allow parties to suggest questions; others do not.

While these investigations are not criminal in nature, they are adversarial. Respondents must remain cautious, strategic, and well-prepared. Any misstep in tone, detail, or documentation may be perceived as evasive, dishonest, or inconsistent, even when unintentional. Legal advisors play a key role in reviewing draft responses, preparing for interviews, and identifying procedural deficiencies that could impact the fairness of the outcome.

Keep in mind, while there is an investigatory phase in the formal process, preserving snaps and  WhatsApp messages, recording or copying Instagram and TikTok posts, and locking in witnesses statements should begin well before the college or university commences an action. If you wait, memories fade, access to social media is shut down, and evidence of all varieties is destroyed. In other words, do not delay working with your advisor to identify, preserve and secure the evidence that will be the cornerstone to your defense.

Hearings and Sanctions

In most Title IX proceedings, a live hearing follows the investigation. During the hearing, the respondent may be questioned by a panel, allowed to submit questions for the complainant, and permitted to present evidence. Some institutions allow advisors to speak; others limit their role to silent observation or written submissions.

Outcomes vary by institution, but possible sanctions include:

• Suspension or expulsion from the university
  
• Loss of fraternity or sorority membership
  
• Revocation of on-campus housing
  
• Permanent notations on academic transcripts
  
• Restrictions on future academic or professional opportunities

Even if no criminal charges are filed, a Title IX finding of responsibility can damage a student’s future career, personal relationships, and reputation.

Appeals and Post-Hearing Relief

Colleges and universities allow for appeals, though the grounds are typically limited. These may include procedural errors, the emergence of new evidence, findings that contradict the evidence presented, bias and overly harsh sanctions or those that are perceived as far too light. Appeals must be timely, well-documented, and persuasive.

As Title IX advisor, Jeremy Saland  assists respondents in challenging flawed findings, identifying where universities failed to follow their own procedures or misapplied evidence. Appeals offer a critical second chance but success demands strategic clarity and deep familiarity with Tile IX policy.

Legal Representation Matters

Why Respondents Need a Title IX Advisor 

Unlike criminal trials, Title IX proceedings do not include a right to court-appointed counsel. Yet the consequences can be just as severe. A skilled Title IX advisor, who is also a criminal attorney even if not licensed to practice in the particular state where the school is located can:

• Ensure the respondent understands the charges, policies, and procedures
  
• Review all evidence for inconsistencies or exculpatory information
• Identify and the best defense and put the right strategy into motion
  
• Prepare the respondent for interviews and hearings
• Cross examine adverse witnesses and the complainant
  
• Submit objections or challenges when procedural rights are violated
  
• File persuasive appeals when outcomes are flawed

Without experienced representation, respondents will not just feel overwhelmed, isolated, and uncertain, but actually suffer through those same realities. Schools are under pressure to demonstrate their commitment to safety and compliance, and in some cases, this can mean that a respondent’s rights are secondary as colleges and universities rush towards what is nothing short of biased outcomes.

Saland Law’s Role in Defending Accused Students

At Saland Law, every case begins with a confidential, judgment-free consultation. Jeremy and his team examine the facts, evaluate the risks, and build a customized defense strategy. Whether the allegations stem from a party, a group message, or an off-campus incident, the firm treats every detail with care.

With a background in criminal prosecution, Jeremy understands not just how to assess evidence, but how to identify it in the first place no matter where it resides, how it is secured and whether a student or family sees its value on their own. Jeremy further identifies procedural errors, and presents persuasive arguments to university administrators and hearing panels. Saland Law’s mission is singular: to defend your future and life well beyond the four corners of your college or university, not just your academic status.

Results-Oriented, Nationwide Defense

Although based in New York City, Saland Law represents students throughout the United States. Though most schools conduct investigations and hearings online, whether the hearing is conducted remotely or in person, the firm is prepared to, and always does,advocate forcefully for its clients. Their work includes defending fraternity leaders and brothers, student-athletes, chapter members, club and organization participants, and students of all walks of life facing Title IX investigations who may also be immersed in simultaneous criminal investigations.

Saland Law has successfully secured:

• Dismissals of Title IX complaints prior to hearing
  
• Findings of “not responsible” at the conclusion of adjudication
  
• Reversals of adverse decisions on appeal
  
• Protection of academic records and transcripts
  

Each case is unique, but thestakes are always high. Saland Law is committed to helping students protect what matters most.

Greek Life and Collateral Consequences

Beyond the hearing room, accused students in fraternities or sororities face additional consequences. Chapters may suspend or expel members before the process is complete. Friend groups fracture. Student organizations cut ties. In some cases, national Greek organizations impose independent sanctions or dissolve chapters altogether.

Even a baseless allegation can cause permanent harm. Respondents often experience depression, anxiety, and academic decline as parents are thrust into unfamiliar legal and institutional systems. Saland Law recognizes the personal toll and provides steady, consistent support during these times of uncertainty. Most importantly, Saland Law serves respondents as the Title IX advisor they need to give them the most viable path to exoneration or mitigation during what is undoubtedly one of the worst moments of their young lives.

Affirmative Consent Standards

Colleges and universities follow an “affirmative consent” standard. Under this approach, silence or lack of resistance does not imply consent. Instead, there must be a clear, mutual agreement before any sexual contact occurs. This standard places the burden on both parties to ensure affirmative, conscious, and voluntary participation.

For respondents, this can lead to complex challenges. A sexual encounter that seemed consensual in the moment may later be framed differently. Alcohol consumption, emotional misunderstandings, and contradictory text messages can all become central points of dispute. Without the benefit of cross-examination in some settings, clarifying these facts becomes an uphill battle.

What To Do If You Are Accused

1. Do Not Speak to Investigators Alone: Anything you say may be used in the final report. Politely decline interviews until you have legal guidance.
   
2. Preserve All Communication: Text messages, DMs, emails, and photos may prove critical. Do not delete or alter anything.
   
3. Limit Public Discussion: Avoid posting on social media or discussing the case with classmates. Miscommunications can complicate your defense.
   
4. Know Your Rights: You have the right to be heard, to review evidence, to receive a fair process, and to appeal.
   
5. Contact a Title IX Advisor Immediately: Early intervention is key. The sooner you retain a Title IX advisor, the stronger your defense will be.

Protecting Your Future Starts Now

Remember, an allegation may be proof of nothing other than fabrication, exaggeration, regret or anger, but an accusation can be as disruptive as it can be crippling. Title IX allegations tied to fraternity or sorority life are often complex, high-profile, and emotionally charged. Whether the accusation involves sexual assault, dating violence, or allegations of non-consensual sexual contact, the risks are too great to face alone. If you do decide to take such a path, regret and remorse will be your reminder for the years, and potential decades, to come.

Jeremy Saland and the Title IX advisor team at Saland Law offer the support, strategy, and legal knowledge needed to face these challenges head-on. With decades of experience and a nationwide reach, Saland Law is here to ensure you are treated fairly, your rights are upheld, and your future remains intact.

If you are a student accused under Title IX, contact Saland Law for a confidential consultation. Your defense starts with the right advocate and advisor. Your defense starts now.