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?

Under the Title IX Final Rule, a college or university may at its discretion dismiss a formal complaint or the allegations they're in if the respondent is no longer employed by the school. That being said, it is at the school's discretion, which should take place and the question would be whether it does, or if it does not. The school should conduct a balancing test in terms of what would be appropriate to the circumstances. In no particular order, the school's interests, the complainant's interest, the respondent employee's interests, all should be considered in the determination in part as to whether the case should go forward.

If you're an employee and you're a respondent in a Title IX case because so much is at stake and because it would be at the school's discretion as to what it deems to be appropriate. Having an experienced attorney advisor in your corner from as early as possible in the process will be your best ally in understanding and navigating the process.

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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 our offices today, and let us help secure your academic career.

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