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?

Under the Title IX Final Rule, a college or university may at its discretion, withdraw a formal complaint or the allegations they're in if the respondent is no longer enrolled at the school. That being said, a school may also, if the circumstances are otherwise appropriate, continue forward with the case, which should take places a balancing test of the different interests involved in the matter. The school's interests, the complainant's interest, the respondent's interest, these different interests should be balanced by the school.

Whether this takes place or not, is of course a consideration. Because it is discretionary on the school's part, especially if one is a respondent, and whether a case should continue forward or not, very much is at stake. Having an experienced attorney advisor will be your best ally in helping to understand and navigate the process, and should be involved from as early as possible in a Title IX case.

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