Whatever the situation that led to the allegations, students who are facing an investigation and Title IX hearing are wise to take the following steps to protect their future.

#1: Learn about Title IX

Title IX is a federal law that prohibits sex-based discrimination in educational institutions that receive federal funding. While it is often associated with promoting gender equality in sports, Title IX also plays a role in addressing sexual harassment and assault on campus. If you are a student accused of sexual harassment under Title IX, it is important to understand your rights and the process involved.

#2: Know your rights

There is a presumption of innocence until proven otherwise and the right to a fair investigation. This includes information about the allegations, access to evidence, and the opportunity to present your side of the story. You can also have an advisor of your choice present during meetings and hearings. This could be a lawyer, a family member, or a trusted faculty member.

#3: Prepare for the investigation

You should receive a formal notice of the allegations against you. This document outlines the specific accusations and information on any policies that you allegedly violated. The school will also conduct an investigation, which may include interviews with you, the complainant, and any witnesses. You should provide any evidence or information that supports your case.

Some schools may hold a hearing where both parties can present their cases. After the investigation and hearing, the school will make a decision. If you disagree with the decision, you typically have the right to appeal. The appeal process varies by institution, so be sure to understand the specific procedures at your school.

#4: Tailor your defense strategy

The following can help you prepare a defense to the allegations:

• Gather evidence: Collect any relevant evidence, such as text messages, emails, or witness statements, that support your version of events.
• Understand the policies: Familiarize yourself with your school’s Title IX policies and procedures. Knowing the rules can help you get through the process more effectively.
• Stay calm and professional: It is important to remain calm and professional during the investigation. Avoid discussing the case with others, especially on social media, as this could impact the outcome.

These steps can help you to stay informed and prepared, allowing you to advocate for yourself and work towards a fair resolution.

The proposal is intended to clarify less formal guidance issued by the federal government in 2011. Critics claimed that these guidelines were biased in favor of accusers, while universities argued that they were confusing and too narrow. They also said that many colleges used a single investigator to gather evidence and make the final determination on charges without providing the accused with an opportunity to confront their accusers.

Earlier guidelines discouraged direct cross-examination. The proposal guarantees the right to cross-examine accusers. But, attorneys or advisors will need to conduct cross-examination instead of the person accused of misconduct. The parties could be in separate rooms, if requested.

A major change will govern the standard of proof for determining claims. Under the old standard, allegations had to be proven by the “preponderance of evidence,” or more likely than not standard. The proposed changes will allow colleges to use that standard or the higher “clear and convincing” standard.

The proposal will require the use of the same standard for all complaints. Many union contracts and other agreements require the use of that higher standard for their faculty and other employees.

Questions about the sexual history of the accuser will be prohibited, according to a source familiar with the proposal. Universities will also have more flexibility to make schedule changes or housing reassignments for accusers.

The definition of sexual harassment will be changed from unwelcome conduct of a sexual nature to unwelcome conduct based on sex that denies a person access to an education or program because it was so pervasively and objectively offensive. Also, universities would be held legally responsible for failing to investigate a complaint if it had actual knowledge of an allegation made to a person with authority to handle these complaints and not just any person, such as a professor or resident advisor.

College students are not immune from accusations of criminal conduct. Drug offenses and underage drinking are well-known activities on college campuses. More recently, campus sexual misconduct charges are being pursued more vigorously under federal Title IX requirements.

Due process guarantees have dropped in these proceedings. Before 2011, colleges usually required proof by “clear and convincing evidence,” and some institutions relied on the “beyond a reasonable doubt” standard used in criminal trials.

The U.S. Department of Education, however, informed colleges in 2011 that the lower “preponderance of evidence” standard must be used. This is often referred to as the “more likely than not” or “51 percent” rule.

Additionally, the confrontation clause may not be enforced in these hearings. Parties have lacked the ability to cross-examine witnesses and accused students could not compel witnesses to appear. Whatever procedural rules that exist are not always used.

Other procedural defects include the absence of impartiality, because of the judge and the investigator being the same person, or at least members of the college administration. Accused students have not received information on the specifics of the allegations made against them. The important right of having an attorney has also been denied.

These proceedings can jeopardize a student’s college education and even professional career. Faculty accused of these offenses also face these consequences, while colleges who act unreasonably face the risk of costly civil lawsuits. Students accused of these offenses and facing disciplinary proceedings will want to get the right information about their options to assure that their rights are protected and that unreasonable shortcuts are not used in their proceedings.

Due process and other rights, according to the Foundation for Individual Rights in Education, have not kept pace with the increased enforcement duties undertaken by colleges in areas such as sexual assault, illegal drugs and underage drinking. It reviewed 53 universities across the country along with several Massachusetts colleges.

Almost three-fourths of colleges do not grant accused students the presumption of innocence until they are proven guilty. Only 47.2 percent of colleges require that the adjudicator, who acts as a judge or jury, be impartial.

Most colleges had one standard for deciding sexual assault charges and another standard for other offenses. Cornell, the University of Southern California and the University of Wisconsin-Madison were the only colleges in the survey permit the active participation of legal counsel in non-academic cases.

In sexual assault cases, only 37 colleges in the study allow meaningful cross-examine of witnesses in some cases. Only two grant this right in all cases.

A large fraction of universities provided some other protections. These included adequate written notice of charges, reasonable time to prepare a defense, a ban on conflicts of interest by the adjudicator, and access to and the right to present evidence.

In addition to insufficient procedural safeguards, many institutions had inconsistent, ambiguous and inaccessible disciplinary policies. Policies posted on websites had these problems.

Massachusetts colleges did not fare well in the study. Boston College had an overall grade of D and an F in sexual misconduct cases. Boston University posted an F in most cases and a D in sexual misconduct allegations. Harvard had an F in both categories. Tufts and MIT posted a D in both areas.

An attorney can help fight allegations and assure that due process is afforded to student defendants. An experienced attorney can also assure that all legal avenues are used to defend a student.