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

A college or university can address sexual harassment, sexual misconduct, any other related concern if it does not fall under Title IX. That is because the Title IX Final Rule has made a specific provision that allows as such. Since the Title IX Final Rule went into effect, almost all schools have taken that exact approach. In short, misconduct that was misconduct prior to the Title IX Final Rule going into effect will remain misconduct.

It's just that schools have created a two-part system where cases that would fall under Title IX would be addressed and adjudicated under the school's Title IX policies, and then misconduct that does not fall under Title IX sexual harassment, sexual misconduct that is, that does not fall under Title IX would be addressed under the school's newly created college or university sexual misconduct policy. If you're facing a Title IX concern or turn Title IX sexual misconduct case, having an experienced attorney-advisor in your corner from as early as possible in the process will always be for the best. They can help you navigate the process and will work towards trying to ensure a fair process and a favorable outcome.

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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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