What do students need to know before a Title IX hearing?

A college student might find themselves facing allegations of sexual harassment under Title IX due to various circumstances, often stemming from misunderstandings. Allegations can arise if a student engages in conduct that another perceives as unwelcome or inappropriate, such as making suggestive comments, sending unsolicited messages, or engaging in unwanted physical contact. Miscommunication or lack of awareness about what constitutes harassment can lead to situations where a student might unintentionally cross boundaries, resulting in allegations.

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.