In our last Title IX blog post in June of 2024, we were excited to share what folks needed to know about new changes to Title IX. On August 1, 2024, these changes went into effect. However, in January of 2025, Title IX regulations changed again, reverting back to the previous rules that went into effect in 2020. As discussed in previous blog posts, these regulations have important implications for student survivors considering reporting a sexual assault. As an attorney working with students on Title IX matters, here are some things survivors should keep in mind when considering participating in their school’s disciplinary process. 

Your school’s policies will impact the process

A survivor’s options, and the disciplinary process itself, might look different depending on where the sexual misconduct took place. For example, under Title IX, schools cannot investigate sexual misconduct that takes place outside of an educational program or activity. They are, however, permitted to create and implement an additional non-Title IX sexual misconduct policy to address off-campus sexual misconduct. Depending on which policy is applied, there may or may not be a disciplinary hearing to determine whether the misconduct took place. And at a disciplinary hearing, there may or may not be cross-examination of the parties and witnesses conducted by the parties’ advisors. In order to set expectations, it is a good idea for survivors to check their school’s policies to see 1) whether misconduct that takes place outside of an educational program or activity can be addressed by their school at all, and 2) which rules will apply to their specific case.

Defamation and retaliation threats are a possibility

CAASE practitioners have seen a trend in recent years of increased defamation threats and retaliatory claims from accused perpetrators, including in the Title IX context. For instance, sometimes the accused perpetrator (also known as the “respondent” in school disciplinary cases) will threaten to file a lawsuit for defamation against the survivor (also known as the “complainant”). Sometimes respondents file counter-complaints against the complainant, alleging that the respondent was the one who was actually assaulted by the complainant or claiming that the fact that the complainant shared information about the assault is a form of gender-based harassment against the respondent. Experiencing this can be an additional form of trauma, and it can be draining, time-consuming, and potentially expensive to defend oneself against such a claim.

The process can often be long and intense 

Regardless of whether the threat of a defamation lawsuit or a retaliatory complaint is involved, the sexual misconduct disciplinary process can take a lot of time and energy. While it likely will not take as long to resolve as a criminal case would, it is common for the process to take six or more months. During that time, there will be periods of heavy communication with the investigator and significant involvement for the survivor, and also potentially long periods of waiting to hear about next steps. It can be stressful and emotionally draining to engage with this process while also meeting deadlines and participating in school and extracurricular activities.

Schools are required to offer survivors supportive measures

In recognition of the fact that sexual misconduct, and participating in a related disciplinary process, can be disruptive to one’s education, Title IX requires that schools offer supportive measures. These measures are meant to restore access to education, cannot be disciplinary or punitive, and must be offered to the respondent as well. Survivors can request things like extra time on exams or assignments, the opportunity to make up missed school work, and withdrawing from a class or receiving an “incomplete” after the deadline. 

The steps that you’ll most likely face 

While the disciplinary process will look different depending on the particular school and the specific policy that will be applied, there are certain steps that will likely be a part of it.  

1. A survivor will typically file an official complaint with the school stating what happened and that they would like an investigation to take place. This is usually a written document submitted by the survivor, but it can also be a document written by the Title IX Coordinator.  
2. Once the complaint is filed, the respondent will typically respond to the complaint in writing or in an interview format with an investigator.  
3. The survivor-complainant and the respondent will both be interviewed by an investigator, sometimes several times. 
4. The parties will suggest witnesses, who will also be interviewed, and they will submit any evidence they would like to be considered.  
   1. It is important for survivors to know that they do not have to submit any evidence. Their school can request things like journal entries, medical records, rape kit results, and text messages, but survivors cannot be compelled to submit them.
5. Once all of the interviews are complete and the evidence is submitted, the school will compile all of the documents that are part of the investigation and provide them to the parties in the form of a report. Typically, the parties have 10 days to write an optional response to this report. This is an important opportunity to make clarifications, correct inaccuracies, highlight corroboration and support, point out inconsistencies in the other party’s story, and explain evidence. Once the parties have had a chance to respond, additions may be made to the report, and the parties may have another opportunity to respond.  
6.  Following this, either a hearing will take place or a decision-maker will review the evidence and make a determination on responsibility. 
7. Once the outcome is determined, the parties will have a chance to submit an appeal request. 

Having an attorney is very helpful in the Title IX process 

As outlined above, there are several steps in a school’s sexual misconduct disciplinary process, and it can be complicated. Many students do not realize that they can, and should, have an attorney with them to guide them through this process. An attorney can attend meetings and interviews with the survivor, assist with drafting any written submissions, review evidence, and help determine what should be submitted, respond to the investigative report, prepare a survivor for the hearing, serve as the advisor at the hearing, and help with an appeal.  CAASE is here to provide legal help to student survivors navigating Title IX. You can learn more about these free services on our website. To schedule a consultation, please call our legal intake line at 773-244-2230, ext. 205, or email legal@caase.org. 

This piece was authored by CAASE’s Managing Attorney, Educational Advocacy, Christina Zuba, and edited by Lizzy Springer and Ryan Spooner. Learn more about our staff.