Title IX Informal or Administrative Resolution

Saland Law counsels students, faculty, staff, and families through every stage of a Title IX matter, including informal or administrative resolutions. Led by criminal defense lawyer, former prosecuto, and student advisor Jeremy Saland, our firm advocates for both respondents and complainants in campus proceedings involving sexual assault, dating violence, sexual contact without affirmative consent, stalking, and other allegations of sex discrimination. Although headquartered in New York City, we represent clients nationwide in matters under Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq., and the federal regulations that implement it. Title IX prohibits discrimination on the basis of sex in education programs or activities receiving federal financial assistance.

How Title IX Defines and Handles Informal Resolutions

Title IX is a federal civil rights law that requires schools and colleges to respond promptly and equitably to reports of sex discrimination, which includes sex-based harassment and sexual violence. Each institution must have a Title IX Coordinator and grievance procedures that are fair, prompt, and impartial. Within that framework, the informal resolution is one tool that allows parties to resolve allegations voluntarily and mutually, without a formal hearing where exposure is high and outcome potentially uncertain.

Informal resolutions are not a shortcut that compromises fairness or safety. It is a structured process available only when a formal complaint exists and both parties provide informed, written consent. The goal is to reach a mutually acceptable outcome that restores or preserves equal access to education while maintaining safety for all parties. Schools cannot pressure anyone to accept this option, and either party may withdraw at any time before an agreement is finalized.

Because Title IX regulations have evolved in recent years, schools must comply with the version currently in effect. Recent federal litigation has created uncertainty around the Department of Education’s 2024 Title IX Final Rule, which has been vacated for now. Saland Law stays current with these developments to ensure your rights are protected under the correct regulatory framework.

How Informal or Administrative Resolution Works

Consent and Process

An informal resolution is only available if both the complainant and respondent voluntarily agree in writing. The process typically begins once a formal complaint is filed and the Title IX office provides written notice describing the allegations and explaining the rights of each party. The parties can withdraw from informal resolution at any time prior to reaching a signed agreement, at which point the case may move back into a formal investigation or hearing. Similarly, even if a hearing has commenced, the respondent and complainant can choose to pursue an administrative, aka, informal, resolution subject to the college or university’s approval.

This process is not permitted in every circumstance. For example, it cannot be used to resolve allegations that an employee sexually harassed a student. Even when permissible, the school must determine whether informal resolution is appropriate based on the nature of the allegations, the safety of the campus community, and the preferences of the parties involved.

Facilitator and Structure

A trained, neutral facilitator guides the discussions and helps the parties explore possible outcomes. The process may involve direct or indirect communication, and either side may have an advisor or attorney present. The parties can choose to meet separately through “shuttle diplomacy,” ensuring privacy and emotional safety throughout.

Informal resolution can address a broad range of issues, including adjustments to class schedules, housing arrangements, no-contact directives, participation in extracurricular activities, or educational requirements. It can also include counseling, training, or other measures designed to prevent future misconduct and restore the educational environment.

Agreement and Implementation

Once both sides agree on terms, the school drafts a written agreement specifying each party’s obligations, timelines, and enforcement provisions. The Title IX office remains responsible for monitoring compliance and ensuring that sex discrimination does not continue or recur. If a party violates the agreement, the school may enforce its terms or reopen formal proceedings.

Each institution retains records of informal resolutions, though these typically do not include a formal finding of responsibility. The existence of an informal resolution should not  appear in institutional records or disclosures depending on school policy, but this is something you should address both with your college or university and your Title IX advisor.

Comparing Informal Resolution to a Formal Title IX Process

Informal resolution differs significantly from the formal grievance process. It tends to be faster, less adversarial, and more private. While a full investigation and hearing can take months, informal resolution can sometimes conclude within weeks. For many students, the flexibility and privacy of this route offer relief from the anxiety and publicity of a formal process.

In a formal Title IX proceeding, an investigator gathers evidence, a hearing panel or decision-maker assesses responsibility, and findings are issued based on the preponderance of the evidence standard. By contrast, informal resolution allows the parties to design their own outcome rather than having one imposed, subject to school approval. This flexibility enables more creative and restorative agreements tailored to each situation.

The tradeoff is that informal resolution generally does not produce a determination of responsibility. It focuses instead on resolution, safety, and restoring access to education. That makes it essential to carefully consider how any agreement might affect academic standing, transcripts, or future professional goals.

When Informal Resolution May Be Appropriate

Informal resolution can be suitable in a variety of cases, including allegations of sexual contact without affirmative consent, sexual assault, dating violence, stalking, or sexual harassment. It can work even when the allegations are serious, provided both parties genuinely seek resolution and the school believes it can ensure safety.

For complainants, informal resolution may provide faster closure, targeted protective measures, and the opportunity to shape remedies directly. For respondents, it may offer a way to resolve the matter without admitting misconduct or risking a formal finding.

However, informal resolution is not appropriate when there are power imbalances, coercion, or ongoing threats to campus safety. In such cases, the formal process ensures a transparent record and a finding that may be necessary for accountability.

Step-by-Step Overview of the Informal Resolution Process

A typical informal resolution follows several stages. It begins with an initial report to the Title IX office, which offers supportive measures to both parties, such as counseling, academic accommodations, or no-contact orders. Once a formal complaint is filed, the coordinator provides written notice of allegations and options for resolution.

If both parties consent, the facilitator begins discussions, sometimes jointly, sometimes separately, to identify the issues and potential terms. The facilitator helps draft an agreement that may include behavioral expectations, counseling, housing or academic changes, and commitments to avoid contact. After review, both parties sign, and the Title IX office implements and monitors compliance.

Each agreement is unique, but its primary purpose is to ensure safety, prevent recurrence of harassment or discrimination, and maintain equal educational access for both parties.

Examples of Informal Resolution Terms

An agreement might require a respondent to complete training on consent, refrain from contacting the complainant, and accept a housing reassignment. The complainant may receive academic accommodations or access to counseling services. In other situations, the resolution may include joint participation in educational programming or community service designed to foster understanding and accountability.

Every term must be clear, specific, and enforceable. Vague language such as “avoid contact” is insufficient without defined boundaries, timelines, and procedures. A well-drafted agreement anticipates future academic or housing conflicts and specifies how they will be handled. Saland Law ensures each resolution protects your rights and provides durable, practical safeguards.

Special Situations: Athletes, Greek Life, and Graduate Students

Certain campus communities pose unique challenges. Athletes may share travel schedules or locker rooms, while members of Greek organizations or performing arts groups may live or rehearse together. Graduate students may share labs or clinical placements with the other party. These overlapping environments make it critical that informal resolution terms be precise and realistic.

At Saland Law, we anticipate logistical and reputational concerns unique to each client’s situation, ensuring that an agreement on paper also works in practice. We address academic continuity, confidentiality, and career implications so that you can move forward with stability and peace of mind.

Potential Risks and Common Pitfalls

While informal resolution can be beneficial, it carries risks. The process must always remain voluntary. Pressure from school officials or peers to resolve the matter quickly can invalidate consent and lead to inequitable outcomes.

Poorly drafted agreements may leave important details unresolved, causing confusion or future disputes. If the agreement lacks enforcement mechanisms or monitoring, one party may fail to comply. Academic implications are another concern; without clear terms, a complainant might lose academic standing or financial aid, or a respondent might face lingering disciplinary notations.

At Saland Law, we scrutinize every agreement to ensure it addresses confidentiality, record-keeping, academic effects, and professional implications. We also coordinate with criminal defense counsel when there is parallel law enforcement involvement to prevent cross-proceeding risks.

How Saland Law Protects Your Rights

Jeremy Saland’s experience as a criminal defense attorney and former prosecutor provides an invaluable advantage in navigating complex Title IX cases. Our approach combines legal precision with empathy for the emotional and educational stakes involved.

We begin by analyzing the facts, applicable campus policies, and relevant definitions of sexual assault, dating violence, sexual contact, and affirmative consent. We clarify your priorities (whether that means safety, restoration, or resolution without admission) and develop a negotiation strategy aligned with those goals.

Our team communicates directly with the Title IX office and facilitator, proposes detailed terms, and ensures compliance with both federal and institutional regulations. We also handle concurrent criminal or civil proceedings when they intersect with your campus case. Every decision is made with awareness of the potential impact on your education, reputation, and future opportunities.

Key Legal Foundations

Title IX’s core prohibition, found in 20 U.S.C. § 1681, bars sex-based discrimination in federally funded education programs or activities. The federal regulations under 34 C.F.R. Part 106 establish the framework for school grievance procedures, supportive measures, and informal resolution. Schools must ensure that any resolution, whether formal or informal, restores or preserves access to education while treating both parties equitably.

Because regulations and guidance can shift with new administrations or court rulings, representation by a knowledgeable attorney-advisor is critical. Saland Law continuously monitors Title IX changes nationwide to ensure that every strategy reflects the current legal landscape.

National Reach, Local Knowledge

Though based in New York City, Saland Law represents clients across the country as a Title IX advisor. Whether your case arises in New York, California, Texas, or anywhere in between, we adapt our strategy to your institution’s procedures and your specific needs.

Our goal is to ensure that the agreement you sign functions effectively within your school’s framework and positions you for a stable academic and professional future.

Move Forward with Confidence

If you are considering informal or administrative resolution under Title IX, do not make that decision without informed legal advice. The stakes are high, the policies are complex, and the outcomes can affect your academic and professional life long after the matter is closed.

At Saland Law, we help complainants secure safety and accountability, and we help respondents resolve allegations with fairness and dignity. Our representation is personal, practical, and grounded in both compassion and experience.

We are based in New York City but handle Title IX cases nationwide. If you are facing allegations or seeking resolution involving sexual assault, dating violence, sexual contact, or affirmative consent, contact Saland Law to discuss your options. We will protect your rights, guide you through the process, and help you move forward with confidence.