In April of 2024, the Department of Education approved New Title IX rules, which are scheduled to take effect on August 1, 2024. Our firm is closely monitoring ongoing challenges to these new rules in court, and is working hard to provide you the most up-to-date information. Click here to learn about the current state of Title IX and how we can help if you are facing accusations.
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.
