Substitute for Experience,
Knowledge & Advocacy
Title IX cases at the University of Pennsylvania, aka, UPenn or Penn, often carry high stakes and immediate consequences. When a student, faculty member, or staff member faces allegations of sexual assault, dating violence, or other forms of sexual misconduct, the outcome can alter not only academic status but also professional and personal futures. At the same time, those who report misconduct rely on the Title IX process to protect their right to a safe and equitable learning environment. Jeremy Saland, a criminal attorney, former prosecutor and the founder of Saland Law, represents both complainants and respondents in Title IX cases. Though his office is located in New York City, Saland Law advises clients nationwide, including those at Penn in Philadelphia, with the thorough preparation and advocacy these cases demand from an attorney-advisor.
Title IX is codified at 20 U.S.C. § 1681 and prohibits sex discrimination in education programs that receive federal financial assistance. The Department of Education’s regulations at 34 C.F.R. Part 106 require schools to respond promptly and equitably to reports of sexual harassment. Under these regulations, sexual harassment includes quid pro quo harassment, hostile environments created by unwelcome conduct, and specific offenses like sexual assault, dating violence, domestic violence, and stalking. Penn, like other federally funded institutions, must adopt policies and procedures consistent with these rules.
At the heart of these matters is affirmative consent. Penn defines consent as a knowing, voluntary, and mutual decision among participants to engage in sexual activity. Consent must be present throughout an encounter and can be withdrawn at any time. Incapacitation due to alcohol, drugs, or other conditions eliminates the ability to consent. These definitions shape investigations and hearings, and they form the standard against which actions are judged.
The University of Pennsylvania has a centralized office known as the Office of Sexual Violence Prevention and Education, along with the Title IX Office, which handles reports of sexual harassment, sexual assault, sexual contact without consent, dating violence, and related misconduct. The university provides multiple reporting channels: confidential resources such as counseling services, non-confidential university officials, and the Title IX Coordinator. Importantly, students and staff may choose whether to file a formal complaint after making a report, though supportive measures remain available in either case.
Penn’s policy outlines the following:
Penn also integrates its policies with its Student Code of Conduct, meaning Title IX findings can result in disciplinary sanctions that reach beyond the Title IX office.
Anyone may report sexual harassment to Penn’s Title IX Coordinator. Once a formal complaint is filed by a complainant or signed by the Coordinator, the grievance process begins. Penn then sends written notice of the allegations to both parties, including details about the alleged conduct, the sections of university policy potentially violated, and the rights of each party.
Penn assigns trained investigators to gather evidence. Investigators conduct interviews with the complainant, respondent, and witnesses, and they collect documents, texts, social media content, and other digital materials. Each party has the opportunity to submit evidence and suggest witnesses. Before a final report is issued, both sides may review and respond to all evidence considered relevant. Additionally, before, during or after the investigation, the parties may mutually seek out or agree to an administrative or informal resolution, with the approval of the Title IX Coordinator, whereby there is no finding or responsibility and an agreement is made for remedial or protective measures as deemed necessary.
The University of Pennsylvania provides a live hearing when formal complaints allege conduct that falls within Title IX jurisdiction. The hearing is conducted before a panel or decision maker who is not the investigator. Each party’s advisor has the right to ask questions of the other party and witnesses. If a party does not have an advisor, Penn will provide one for the purpose of conducting questioning.
Penn applies the preponderance of the evidence standard. This means that decision makers must determine whether it is more likely than not that the alleged conduct occurred. This is a fairly low burden for the school and favors an accuser over an accused from a practical perspective and one within the Title IX construct.
After the hearing, Penn issues a written determination. If a respondent is found responsible, sanctions may include warnings, probation, removal from campus housing, suspension, or expulsion. Remedies for complainants may involve ongoing supportive measures, academic adjustments, and housing changes to restore equal access to education.
Both complainants and respondents may appeal on limited grounds: procedural irregularities, new evidence not reasonably available at the time, or bias or conflict of interest affecting the outcome. Appeals are reviewed by a separate decision maker to ensure fairness.
With written consent from both parties, Penn allows informal resolution, such as mediation or restorative practices. Informal resolution is not available in cases involving allegations of sexual harassment by an employee against a student.
Penn students often face unique academic pressures, research obligations, and professional ambitions. For undergraduates, a suspension or expulsion may mean the loss of scholarships or difficulty transferring credits. For graduate students and postdoctoral researchers, disciplinary findings can interrupt years of specialized work. Student athletes risk losing eligibility and scholarships, while international students must consider visa implications if their enrollment status changes. Faculty and staff may face not only discipline but also employment consequences. These realities make early, careful planning critical.
In practice, many Penn Title IX cases center on whether affirmative consent was present. Investigators and decision makers examine messages before and after encounters, accounts of alcohol use, and witnesses who observed interactions or have historical or contextual knowledge. Evidence like text messages, Uber receipts, or social media posts often plays a significant role. The credibility of each party, evaluated against this record, becomes pivotal.
Penn’s process allows each party to have an advisor of choice. Saland Law provides more than procedural guidance. We build a coherent strategy from the start, ensuring that evidence is preserved, timelines are documented, and narratives are consistent. We help respondents avoid missteps such as contacting complainants after a no contact directive, and we help complainants frame reports clearly to show how misconduct denied or limited access to education. Jeremy Saland’s background as a criminal defense lawyer and former prosecutor informs our approach: thorough preparation, credible presentation, and careful cross-examination where appropriate.
Cases at Penn can occur alongside criminal investigations by the Philadelphia Police Department. While campus proceedings use the preponderance standard, criminal cases require proof beyond a reasonable doubt. A statement made during a university interview may be shared in court, which means strategy must account for both systems.
Penn frequently issues no contact directives to protect parties during and after an investigation. These directives prohibit communication and may restrict access to certain locations. Violating them can lead to disciplinary action, even if the contact was minor or unintentional. Students often confuse these directives with restraining orders, but they are different. No contact directives are administrative, while restraining orders are issued by courts and carry criminal penalties for violations.
Several avoidable mistakes can harm a case at Penn:
We work with clients to avoid these errors and to respond in ways that preserve credibility and rights.
Title IX cases require more than basic familiarity with university procedures. They demand an understanding of federal law, Penn’s policies, and the unique academic and personal stakes of each client. Jeremy Saland and the team at Saland Law bring the perspective of a former prosecutor, the diligence of seasoned advocates, and the ability to anticipate how investigators and decision makers evaluate credibility. We represent both complainants and respondents, giving us a nuanced view of the process and strategies that work in practice.
If you are a student, staff member, or faculty member at the University of Pennsylvania facing a Title IX case, you should not face the process alone. Every decision you make, from preserving evidence to participating in interviews, can shape the outcome. Saland Law is ready to help you navigate Penn’s Title IX procedures with clarity and strategy. Contact us to discuss your case and protect your rights, your education, and your future.