The School Disciplinary Process When Someone Is Found Responsible

Saland Law is led by former prosecutor Jeremy Saland, a dedicated advocate for fairness, justice, and clarity in Title IX proceedings. Though headquartered in New York City, Saland Law represents both respondents and complainants in Title IX hearings across the nation. In this comprehensive guide, we explain in detail what happens in school disciplinary processes once someone is found responsible, explore relevant Title IX statutes, and offer insight into how Saland Law can support you through every step.

Why Understanding the Disciplinary Process Matters

The complexity of sexual misconduct allegations, ranging from sexual assault and dating violence to sexual contact without affirmative consent, means that those involved need to understand what happens when responsibility is assigned. When a school moves forward with sanctions, it can affect a student’s academic standing, future opportunities, emotional health, and reputation. By understanding what lies ahead once someone is found responsible, both complainants and respondents can better anticipate outcomes, take meaningful action, and, when necessary, challenge decisions.

Saland Law’s goal is to demystify this critical stage of the Title IX process so that every person served knows their rights, their options, and the implications of what’s coming next.

Student Found Responsible; What It Means

Definition of “Found Responsible”

Being found responsible means the decision-maker, whether that is a trained Title IX investigator, a hearing panel, or an administrative official, has determined that the respondent violated the school’s code of conduct or Title IX policy. These determinations typically use either a “preponderance of the evidence” standard or, in some cases, the “clear and convincing evidence” standard. The terminology doesn’t change the impact: the respondent has been held accountable, and consequences follow.

Legal Obligations Under Title IX

Title IX of the Education Amendments of 1972 prohibits sex discrimination in any federally funded education program or activity. The regulations governing how schools must respond to sexual harassment and assault are found primarily at 34 C.F.R. Part 106. Specifically:

• 34 C.F.R. § 106.44 mandates a grievance process once a school has actual knowledge of sexual harassment. The process must be prompt, equitable, and impartial.
• 34 C.F.R. § 106.45 establishes procedural requirements for formal grievance processes, including evidence standards, written notices, access to evidence, live hearings (for postsecondary institutions), cross-examination protocols, written determinations, and an appeals process.
• 34 C.F.R. § 106.71 defines sex discrimination to include sexual assault, dating violence, domestic violence, or stalking when committed based on sex and within a school’s education program or activity.

When a respondent is found responsible, the school must issue a written determination that includes findings of fact, conclusions regarding policy violations, rationale for sanctions adopted, and procedures or rationale for appeal. This determination also must outline support measures that are continuing for both parties.

Common Sanctions After Responsibility Is Found

Once the school issues its written determination, sanctions may be imposed. The nature and severity of sanctions vary widely based on factors such as:

• the nature and severity of misconduct (e.g., sexual assault vs. unwanted sexual contact)
• whether the misconduct is a single incident or part of a pattern
• the age of the individuals involved (e.g., K–12 vs. college level)
• school type (public vs. private; K–12 vs. higher education)
• past conduct violations or history

Examples of Sanctions

A variety of sanctions may follow:

1. Disciplinary warning: A notice that further misconduct will result in stronger consequences.
2. Behavioral or educational requirements: Mandated workshops, counseling, or community service.
3. Probation: A formal period during which any misconduct may result in suspension or expulsion.
4. Loss of privileges: This can include loss of residential housing, student leadership roles, or athletic eligibility.
5. Suspension: Temporary removal from school, which may be for a single semester up to a full academic year or longer.
6. Expulsion or dismissal: Permanent removal from the institution.
7. Transcript notation: A record of disciplinary action placed on the student’s transcript, which can impact future enrollment or employment.
8. Formal or restorative measures: Facilitation of apologies, restitution, or community-based methods of making amends.

Schools often design sanctions to be proportionate to the acts, to deter future misconduct, to serve educational aims, and to protect campus safety. In Title IX cases, especially involving sexual violence, institutions may also issue no contact orders or impose protections to assure ongoing safety for complainants.

Transcript Notation and Its Consequences

A campus disciplinary action against a student for sexual assault, dating violence, or other Title IX violations can result in transference to the student’s permanent record. Transcript notation varies by institution policy:

• Disciplinary Probation or Suspension may be annotated with a statement of reason.
• Expulsion typically results in a permanent transcript mark.
• Not all colleges record the reason for suspension or expulsion on the transcript. Some simply note that the student was suspended or dismissed for a violation of the code of conduct.

Given the potential long-term impact on graduate school admissions, professional licensing, job applications, Saland Law offers strategic guidance. We research how each school applies notations and whether there are processes, such as petitions or record expungement, that could remove or minimize impacts once a sanction has been completed or time has passed.

Next Steps If You’ve Been Found Responsible

If you receive a written determination that you’ve been found responsible:

1. Carefully read every page of the decision. Note deadlines for appeal.
2. Request the full investigative report if you haven’t already received it.
3. Contact Saland Law immediately to assess whether you have appealable grounds.
4. Gather new evidence: messages, records, social media, character statements, witness statements.
5. Prepare a focused, standards-based appeal (procedural, new evidence, or bias).
6. Submit appeal on time.
7. Attend any reinstatement meetings or rebuttal opportunities.
8. Explore transcript expungement or record sealing programs.

Appeals: What Comes Next

After the written determination, both parties typically have an opportunity to appeal within a fixed time frame. This is usually 10 to 15 business days. The regulations in 34 C.F.R. § 106.45(b)(8) require institutions to offer appeal rights based on:

1. Procedural irregularity that affected the outcome.
2. New evidence that was unavailable at the time of the hearing.
3. Conflict of interest or bias by the Title IX coordinator, investigator(s), or decision-maker(s).

Schools may allow additional appeal grounds at their discretion. The appeal process must also be fair. Respondents and complainants must have notice and equal access to respond, and the appeal decision-maker must be impartial and not have served in any prior role in the case.

How Appeals are Decided

Appeal decision-makers may remand the case, alter sanctions, reverse a finding, or reject the appeal. Institutions must issue a written appeal decision outlining the outcome and rationale.

How Saland Law Helps

Saland Law works quickly after a written determination is issued. We review the decision, uncover procedural or legal errors, gather evidence that may not yet have been considered, and analyze the fairness of the grievance structure or bias in the process. We prepare robust appeal briefs that focus on the specific appeal grounds required in regulations, procedural irregularity, new evidence, conflict/bias, or any additional grounds provided by the school’s policy.

Frequently Asked Questions

Can the school change sanctions after the finding?

Yes. Schools often impose interim sanctions after the determination is issued. Through appeal, sanctions may be altered even if the finding stands.

How long does the appeal process take?

Appeals vary. Prompt appeals are sometimes resolved in two to four weeks, but complex cases across state lines can take longer. Federal regulations require schools to follow their own published timelines.

Will the decision be public?

Title IX findings are private within the institution, due to confidentiality under federal law. Schools may disclose limited information to parents if the respondent is a dependent student, but cannot broadly publish disciplinary results.

Can a student sue the school?

Potentially yes. If there were due process violations, discrimination, retaliation, or Title IX failures, it may be possible to challenge the outcome in federal court. Saland Law works with legal counsel experienced in Title IX litigation to explore this option when needed.

Support for Both Complainants and Respondents After a Finding

Continued Support and Safety Measures

Title IX requires schools to continue offering support measures after a respondent is found responsible. These may include:

• No contact directives
• Housing adjustments
• Class schedule modifications
• Academic accommodations
• On-campus escort services

These measures apply regardless of whether the complainant or the respondent requests them. Ensuring ongoing safety and academic continuity is not optional.

Educational and Counseling Services

Many schools connect both parties with counseling, even when only one party requests it. Respondents may be referred for educational accountability programs addressing issues such as consent or respectful relationships.

Ongoing Monitoring

Some schools retain jurisdiction to monitor respondents who remain enrolled. The Title IX coordinator may check periodically whether the respondent continues to adhere to no-contact orders or other sanctions. If new violations occur, schools may initiate new disciplinary processes.

Take Action with Saland Law

Being found responsible for a violation such as sexual assault, dating violence, sexual contact without affirmative consent, or any Title IX misconduct is a pivotal legal and emotional moment. Saland Law, led by Jeremy Saland, offers experienced counsel, forensic investigation, policy analysis, and fervent advocacy tailored to your situation. We stand with you; whether you are working to achieve fairness for a complainant survivor or fighting to protect the rights of a respondent.

If you’ve received a written determination, now is the time to act. Saland Law can help you:

• Analyze procedural or policy errors.
• Identify compelling new evidence.
• Draft a standards-based appeal.
• Challenge transcript notations.
• Advocate for transcript expungement or reinstatement.
• Pursue legal action in federal court if warranted.

Nationwide or in New York City, Saland Law offers clarity, communication, respect, and results. The disciplinary process may feel overwhelming, but with a sharp advocate at your side, you can move forward with confidence.

Jeremy Saland and his team are ready to support you, no matter where you are located or what the outcome has been. If you’ve been part of a Title IX case and you’re facing sanctions, it’s time to reach out, understand your rights, and consider the next step. Your future is worth defending.