Rights of those Accused of a Title IX Violation

What are a respondent’s rights in a Title IX investigation or hearing? It’s not just a good question, but central to your defense and the strategy you need to implement from the outset of any allegation. Setting aside the fact that being accused of a Title IX violation is deeply distressing, whether you are falsely accused or not, allegations of sexual misconduct have multiple, and very real, ramifications: not only do they threaten a student’s educational status and completely jeopardize future career opportunities, but they also carry lasting reputational harm and emotional trauma on top of potential civil liability. On the immediate front, disciplinary actions resulting from a Title IX proceeding can include suspension, expulsion, transcript notations, and loss of scholarships or athletic opportunities. For faculty or staff members, the fallout may include termination of employment, damage to professional reputation, and other career setbacks.

Respondents, another term for an accused in the Title IX context, frequently report feeling isolated, confused, and overwhelmed by the process. This should shock no one, especially when the legal presumption of innocence is all too often a wrongful presumption of guilt. The moment a student is notified of a complaint or investigation, the university initiates a chain of procedures that unfold rapidly—often without sufficient explanation or support for the accused. These procedures vary from school to school but typically involve a formal investigation by Title IX coordinators or contracted third-party investigators, interviews with witnesses, the gathering of evidence, and ultimately, a disciplinary hearing or adjudication. What kicks it all off, however, is routinely an initial meeting with the Title IX Coordinator or someone similar who will, or should, explain your rights and the procedures moving forward.

The Burden of Proof 

Unlike in criminal court, where the burden of proof is “beyond a reasonable doubt,” Title IX proceedings generally use the lower standard of “preponderance of the evidence” meaning the hearing panel or decision-maker must only believe that it is more likely than not that the alleged conduct occurred. This lower threshold, combined with ambiguous definitions of consent, inconsistent procedural safeguards, and limited opportunities for cross-examination, can lead to erroneous findings against the accused.

Affirmative Consent and the Risk of Misinterpretation

One of the most critical and often misunderstood concepts in Title IX cases is that of affirmative consent. Schools have policies that require clear, knowing, and voluntary agreement to engage in sexual activity, even if some universities and colleges vary to a minor degree. While this standard is intended to promote safety, respect and communication between partners, it can be subjective and difficult to apply in real-life situations. In some cases, misunderstandings stemming from intoxication, conflicting accounts, or regret after the fact can escalate into formal complaints of non-consensual sexual contact or assault. As to the last category, it is not uncommon for regret or revenge to be the basis of a false accusation of sexual assault or dating violence.

A respondent may find him or herself accused despite believing that mutual interest or enthusiastic consent existed. Unfortunately, college investigations frequently take a narrow view of context, omitting subtle emotional, relational, or social dynamics that may shed light on the events in question. This is where our advocacy becomes vital. At Saland Law, we work as your Title IX advisor to ensure that your version of events is heard and understood—not only in relation to the facts but in the full human context in which they occurred. While the university or college may be ready to prejudge or find a reason to hold students responsible for committing an act or acts of dating violence or sexual assault, the last thing Saland Law clients will do is proverbially roll over or submit to false, exaggerated, malicious, or contrived accusations.

Procedural Rights and Due Process Concerns

Respondents in Title IX cases often ask: “What are my rights?” The answer depends in part on the institution, as each school crafts its own procedures even if they are fundamentally the same at their core. However, in 2020, the U.S. Department of Education issued new Title IX regulations that significantly altered how colleges must handle these matters. Among other provisions, the rules established the following protections for accused students:

1. The right to receive written notice of the allegations, including sufficient details such as names, dates, and locations.
   
2. The right to review evidence gathered during the investigation and respond to it before a decision is made.
   
3. The right to a live hearing with cross-examination conducted by an advisor.
   
4. The right to an impartial decision-maker and the opportunity to appeal the outcome.
   

These reforms represented an important step toward greater fairness in Title IX proceedings. However, many schools have struggled to implement them consistently. Some colleges and universities continue to use policies that fall short of these requirements, particularly in cases involving faculty members or in informal resolution tracks. Others have attempted to sidestep the procedural mandates by classifying cases as “sexual misconduct” under broader conduct codes not formally covered by Title IX.

Jeremy Saland and the team at Saland Law remain vigilant in holding institutions accountable to the standards of fairness outlined in federal regulations. When your academic future or career is on the line, you need a legal advisor who understands both the nuances of institutional policy and the legal remedies available if your rights are violated.

Strategic Defense for Students, Faculty, and Staff

Every case is different. At Saland Law, we tailor our defense strategy to the facts, personalities, and dynamics involved in your particular situation. Most importantly, we go right to the evidence itself. Our work often begins with reviewing the initial notice of allegations and advising clients on how best to communicate with school officials during the investigation phase. At the same time, and often even before, we will work with you to identify the evidence (people, communications, recordings, etc.) to best ensure we preserve everything we need to fight on your behalf. In many cases, early guidance makes the difference between a matter being resolved quietly and one escalating into formal proceedings.

We assist in gathering and presenting evidence that supports your position, identifying inconsistencies or procedural flaws in the institution’s investigation, and ensuring that any relevant mitigating factors are properly emphasized. If a hearing becomes necessary, we prepare you for testimony, guide you through the cross-examination process, and deliver persuasive arguments on your behalf. Further, we will work with you to draft any materials that we want to or must submit as part of the investigation or hearing itself. In the event of an unfavorable finding, we are prepared to appeal within the school system or potentially seek judicial review through external legal channels.

Our representation extends to a wide range of Title IX-related allegations, including:

• Sexual assault or rape
  
• Non-consensual sexual contact
  
• Sexual harassment
  
• Dating and domestic violence
  
• Stalking or intimidation
  
• Retaliation for prior Title IX participation
  

Whether your case involves a fellow student, a former intimate partner, or a faculty member, we bring discretion, experience, and skill to every matter. For students facing parallel criminal charges, Jeremy Saland’s background as a criminal defense attorney and former prosecutor is particularly valuable in New York State as he can serve as your defense lawyer should you choose, or he can  liaise or work with your legal counsel retained for your defense in any other state where he is not admitted to practice law. We understand how campus proceedings and criminal investigations can intersect and will coordinate your defense to protect your interests in both forums.

The Importance of Early Intervention

Time is critical. Let’s repeat that: Time. Is. Critical. One of the biggest mistakes accused students make is waiting too long to seek legal help. By the time a university issues a formal notice of allegations, the Title IX office may have already begun collecting evidence or interviewing witnesses; often without your participation or input. Respondents who speak to school officials without guidance may inadvertently harm their own case or forfeit strategic opportunities. Arguably more important, evidence a student may want to preserve can be lost and memories of those who were present or have valuable information can become less clear or forgotten. Simply, do not be your own worst enemy.

Our firm advises clients from the earliest stages, including before a formal complaint is filed. If you are under investigation, have been contacted by a Title IX coordinator, or have concerns about a pending situation, do not wait. Our involvement at the outset, and even before, allows us to manage communications, control the narrative, secure and preserve evidence, and begin building a defense from the ground up.

Supporting the Accused Without Dismissing the Seriousness of Allegations

At Saland Law, we believe that defending the rights of the accused does not mean diminishing the seriousness of the sexual misconduct, though we are also not afraid to call out lies, deceit, and fraud no matter the reason the accuser made up a story. Our firm also represents complainants and survivors in Title IX proceedings. We are deeply committed to the principles of justice and equity for all parties. But too often, the pendulum swings too far, and respondents find themselves presumed guilty before they have had a chance to respond.

We maintain that a just system must provide at least a modicum of due process even if not the same as the criminal justice system, and support for every individual; regardless of which side of the table they sit on. Our defense of respondents is rooted in the belief that fair procedures are not a luxury but a necessity for truth to emerge.

Top-Rated National Representation for Title IX Respondents

Although we are headquartered in New York City, Saland Law offers representation to clients involved in Title IX proceedings across the country as their advisor. In fact, with the advent of Zoom and similar programs, and the ability to engage from afar, the overwhelming majority of colleges and universities conduct their investigations and hearings virtually. 

Though we find ourselves advising students and faculty at institutions such as Columbia University, Cornell University, SUNY Binghamton, Fordham University, New York University, and many others, we also will work with students at colleges across the eastern seaboard and from the Midwest to the West Coast, including public universities, community colleges, and private schools alike.

Whether you are a freshman undergraduate, a graduate student, a professor, or a staff member, our experience enables us to navigate diverse institutional policies while maintaining a consistent, aggressive defense strategy. Every case is approached with the same diligence, integrity, and dedication to safeguarding your future. After all, you deserve nothing less.

Take Control of Your Title IX Defense 

To state that facing a Title IX allegation can be overwhelming would be disingenuous. If you mishandle your investigation, it will overwhelm you. Period. The consequences of a mishandled defense can be devastating and permanent. Whether the allegations involve sexual assault, non-consensual sexual contact, dating violence, or another form of misconduct, your response now will shape what comes next. Fortunately, you do not have to go through it alone. 

At Saland Law, we are prepared to stand by your side, challenge any unfairness in the process, and ensure your voice is heard and propped up by the most viable and strongest evidence available. Your education, career, and reputation are worth defending. Let us help you take control of your future.

Contact Saland Law for Confidential Title IX Representation

If you or your child has been accused of a Title IX violation, time is of the essence. Reach out to Saland Law to schedule a confidential consultation. With experience in both prosecution and defense, and a national footprint in Title IX representation, Jeremy Saland and his team are ready to advocate fiercely on your behalf.