New Title IX Rules / Title IX Final Rule FAQs

The Title IX process has been a debated topic for decades. Recently, the Trump Administration introduced the most significant changes to Title IX rules in years.

On May 6th, 2020 Secretary of Education Betsy DeVos released the U.S. Department of Education's new guidance to Title IX cases. These new rules guide schools on how to handle sexual misconduct cases on campus. They went into effect on August 14, 2020.  They are called the "Title IX Final Rule", or informally, the new Title IX rules.

As a federal law created in 1972, Title IX doesn't change. However, the federal government can change the guidelines around how Title IX is enforced in schools nationwide. These guidelines can change based on which political party is in power.

The Title IX Final Rule: A Response to Due Process Issues

The DOE's new Title IX guidelines have been created in response to due process issues under the previous rules. Hundreds of due process lawsuits have been filed over the years by students accused of sexual misconduct. These students argue that they didn't get the proper legal protections – including their right to question their accuser – before being held responsible and punished for something they didn't do.

It's a story that has unfortunately become more common since Title IX was previously changed. Students accused of sexual misconduct get suspended or even expelled without a fair chance to defend themselves, in as short a time as 60 days.

Previous changes to Title IX reflect an effort to protect victims of sexual assault. But the accused also need protection, especially before being found responsible for any wrongdoing. Unfortunately, this is a difficult balance to find. Meanwhile, you could be facing the end of your educational career as you've known it so far.

You Need to Look Out for Yourself

When accused of Title IX sexual misconduct at one's college or university, you must understand what is involved and at stake in a Title IX case.  Regrettably, under no circumstances should you depend on your school to provide the necessary information, guidance, and support.

With that in mind, the following are frequently asked questions for cases addressed and adjudicated under the Title IX Final Rule, and which are intended to help accused students and their parents through what can be the most challenging time in their lives.   Remember that you are not alone, and under no circumstances should you go it alone.

Attorney Joseph D. Lento has helped countless clients facing the same and similar concerns at more than a thousand colleges and universities across the United States and he can help you.  Contact the Lento Law Firm today for help at 888-535-3686.

New Title IX Rules / Title IX Final Rule Frequently Asked Questions

• Are K-12 schools required to have a live hearing under the Title IX Final Rule?

• Are live hearing with cross examination required of K-12 schools under the Title IX Final Rule?

• Are live hearing with cross examination required of colleges or universities under the Title IX Final Rule?

• Can a college or university address sexual harassment and sexual misconduct affecting its employees that falls outside of Title IXs jurisdiction?

• Can a college or university address sexual harassment and sexual misconduct affecting its students that falls outside of Title IXs jurisdiction?

• Can a college or university address sexual harassment or sexual misconduct allegations if the allegations do not fall under Title IX?

• Can a college or university change a respondent's class schedule as an interim measure under the Title IX Final Rule?

• Can a college or university consolidate formal complaints under the Title IX Final Rule?

• Can a college or university dismiss a formal complaint under the Title IX Final Rule if the complainant seeks to withdraw the complaint?

• Can a college or university dismiss a formal complaint under the Title IX Final Rule if the respondent is no longer employed at the school?

• Can a college or university dismiss a formal complaint under the Title IX Final Rule if the respondent is no longer enrolled at the school?

• Can a college or university impose an interim suspension on a respondent under the Title IX Final Rule?

• Can a college or university remove a respondent from housing as an interim measure under the Title IX Final Rule?

• Can a college or university restrict a complainant, or respondent, from discussing the allegations or gathering evidence?

• Can a college or university restrict constitutional rights under the Title IX Final Rule?

• Can a college or university suspend a student athlete as an interim measure under the Title IX Final Rule?

• Can a college or university use information that is legally protected in a Title IX case under the Title IX Final Rule?

• Can a complainant decide not to pursue a Title IX investigation under the Title IX Final Rule?

• Can a complainant, or respondent, select an advisor of their choice including an attorney?

• Can a live hearing take place virtually under the Title IX Final Rule?

• Can a live hearing take place with the parties in separate settings under the Title IX Final Rule?

• Can a party appear at a live hearing virtually under the Title IX Final Rule?

• Can a respondent use a complainant's mental health issues as evidence in a Title IX case?

• Can a school allow an informal resolution to a school employee who sexually harassed a student under the Title IX Final Rule?

• Can a school charge a student for code of conduct violations that do not involve sexual harassment, but arise out of the same facts or circumstances involving sexual harassment under the Title IX Final Rule?

• Can a Title IX case be appealed under the Title IX Final Rule?

• Can a Title IX coordinator sign a formal complaint under the Title IX Final Rule?

• Do the rules in a Title IX case apply to both the complainant and the respondent under the Title IX Final Rule?

• Does a college or university need to follow a grievance procedure that considers the respondent under the Title IX Final Rule?

• Does the Title IX Final Rule apply off-campus?

• Does the Title IX Final Rule consider the First Amendment with regards to sexual harassment?

• Does the Title IX Final Rule only apply on campus?

• How are quid pro quo, harassment, and Clery Act / Violence Against Women Act offenses evaluated under the Title IX Final Rule?

• How are retaliation charges handled by a school under the Title IX Final Rule?

• How can a Title IX complaint be reported under the Title IX Final Rule?

• How do appeals work under the Title IX Final Rule?

• How does a college or university determine remedies under the Title IX Final Rule?

• How does cross examination work at a K-12 school?

• How does the Supreme Court's Davis definition of sexual harassment apply to the Title IX Final Rule in cases involving speech or expressive conduct?

• How does the Title IX Final Rule define a school's "program or activity"?

• How does the Title IX Final Rule define sexual harassment?

• How does the Title IX Final Rule define supportive measures?

• How does the Title IX Final Rule evaluate a school's disciplinary decision?

• How does the Title IX Final Rule evaluate supportive measures and remedies under the Title IX Final Rule?

• How must a school respond to a Title IX complaint under the Title IX Final Rule?

• How will cross examination take place at a live hearing under the Title IX Final Rule?

• If a college or university dismisses a case under Title IX, can a college or university address the allegations in a different manner?

• Is a college or university required to investigate the allegations in a formal complaint under the Title IX Final Rule?

• Is a college or university required to list the remedies that may be imposed under the Title IX Final Rule?

• Is a college or university required to treat a complainant equitably under the Title IX Final Rule?

• Is a college or university required to treat a respondent equitably under the Title IX Final Rule?

• Is a college's or university's training material required to be disclosed under the Title IX Final Rule?

• Is a respondent presumed not responsible for the alleged conduct under the Title IX Final Rule?

• Is an informal resolution allowed by a school under the Title IX Final Rule?

• Is it considered retaliation if a student makes a materially false statement during the course of a Title IX grievance proceeding, and is charged by the school?

• What are a college's or university's grievance process requirements in evaluating evidence under the Title IX Final Rule?

• What are a college's or university's requirements in evaluating evidence under the Title IX Final Rule?

• What are the college's or university's requirements regarding Title IX personnel under the Title IX Final Rule?

• What are a school's requirements regarding issuing a written determination under the Title IX Final Rule?

• What are a school's requirements regarding the grievance process standard of proof used under the Title IX Final Rule?

• What are Clery Act offenses under Title IX Final Rule?

• What are Violence Against Women Act offenses under the Title IX Final Rule?

• What does a college or university's Title IX coordinator do under the Title IX Final Rule?

• What happens if a party does not submit to cross examination at a live hearing under the Title IX Final Rule?

• What happens if the Title IX allegations did not occur in the school's education program or activity against a person in the United States?

• What happens if the Title IX allegations do not meet the Title IX Final Rule definition of sexual harassment?

• What is a college or university required to do if the allegations do not meet the Title IX Final Rule's definition of sexual harassment?

• What is a college or university required to do under the Title IX Final Rule if the allegations did not occur in a school's education program or activity?

• What is an informal resolution under the Title IX Final Rule?

• What is considered a formal complaint under the Title IX Final Rule?

• What is considered retaliation under the Title IX Final Rule?

• What is the investigative report under the Title IX Final Rule?

• What is the time frame for a Title IX case under the Title IX Final Rule?

• What is the Title IX Final Rule's rape shield protection?

• What kinds of cross examination questions are allowed in a live hearing under the Title IX Final Rule?

• What must a college or university do with regards to the complainant when a Title IX complaint is filed under the Title IX Final Rule?

• What notice is required of a college or university under the Title IX Final Rule?

• What obligations does a school have with regards to its Title IX coordinator?

• What requirements does a school have regarding confidentiality under the Title IX Final Rule?

• What requirements need to be met when a complainant files a formal complaint under the Title IX Final Rule?

• What standard of proof is a college or university required to use under the Title IX Final Rule?

• What takes place at a live hearing at a college or university under the Title IX Final Rule?

• What training is required of Title IX personnel under the Title IX Final Rule?

• When is a college or university or post-secondary institution required to respond to the Title IX Final Rule?

• When is a college or university required to investigate sexual harassment or sexual misconduct under the Title IX Final Rule?

• When is a K-12 school required to respond to the Title IX Final Rule?

• When is a school's response obligation triggered under the Title IX Final Rule?

• When responding to sexual harassment, what are a college's or university's obligations under the Title IX Final Rule?

• Where does Title IX apply?

• Who can report a Title IX complaint under the Title IX Final Rule?

• Who is a complainant under the Title IX Final Rule?

• Who is a respondent under the Title IX Final Rule?

• Who is responsible for gathering evidence in a Title IX case under the Title IX Final Rule?

• Who is responsible for the burden of proof in a Title IX case under the Title IX Final Rule?

Nationwide Title IX Defense

It is critical to understand that Title IX cases can be won, but only by having a calculated approach, an effective strategy, and by mounting the strongest possible defense, and attorney Joseph D. Lento has fought to ensure a fair process and a favorable outcome on behalf of countless students and others in academia who have been accused of sexual misconduct at colleges and universities nationwide. 

Contact the Lento Law Firm today for help at 888-535-3686!