Can a college or university allow a party's medical, psychological, or other reports in a Title IX case?

Under the Title IX Final Rule, a college or university cannot allow a party's medical, psychological, or other similar treatment reports as evidence in a Title IX case or in any capacity in a Title IX case, unless the school can get the party's written voluntary consent to allow as such. It depends on the circumstances, respondent may be willing to provide that consent to allow such reports, may offer such reports on his or her own.

There would be potential more concern as to whether or not a complainant would do so, but it depends on the given circumstances and the facts of the case. Having an experienced attorney advisor will be your best ally in terms of understanding and navigating the process and they should be involved from as early as possible in a Title IX case.

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If you, or your student, are facing any kind of disciplinary action, or other negative academic sanction, and are having feelings of uncertainty and anxiety for what the future may hold, contact the Lento Law Firm today, and let us help secure your academic career.

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