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

In short, yes. A college or university can impose an interim suspension or a temporary suspension on a respondent under the Title IX Final Rule. That being said, schools are obligated to have a Title IX grievance process. That is to be followed before any say adverse action is taken against the respondent. This is a gray area in terms, of course, it's an adverse action if a respondent were to be suspended on a temporary basis from the school.

That being said, the school would or should do a balancing test bearing in mind the obligation to protect the complainant based on the allegations, the campus as a whole, the campus body that is taking into account those interests and balancing them against the respondent's interest to remain a student, to continue going to class, for example, while the allegations are being addressed and adjudicated. A school can impose an interim suspension or temporary suspension against the respondent. This does come up from time to time as to if the school is in this race to doing so.

That's a separate consideration altogether. Also as to what processes the school should take to allow respondent to address or to seek recourse in terms of having that decision reconsider also needs to be kept in mind in terms of what's appropriate to the circumstances. When accused of a Title IX sexual misconduct allegation, it's an incredibly serious circumstance. You have to bear in mind the potential implications and potential consequences.

An experienced attorney advisor will be your best ally in terms of navigating, understanding the process. They'll be able to work towards trying to ensure a fair process and a favorable outcome. They should be involved as early as possible in a Title IX case.

Contact Us Today!

footer-2.jpg

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.

This website was created only for general information purposes. It is not intended to be construed as legal advice for any situation. Only a direct consultation with a licensed Pennsylvania, New Jersey, and New York attorney can provide you with formal legal counsel based on the unique details surrounding your situation. The pages on this website may contain links and contact information for third party organizations – the Lento Law Firm does not necessarily endorse these organizations nor the materials contained on their website.  In Pennsylvania, Attorney Joseph D. Lento represents clients throughout Pennsylvania's 67 counties, including, but not limited to Philadelphia, Bucks, Chester, Delaware, Montgomery, Berks, Lancaster, Lehigh, and Northampton County.  In New Jersey, attorney Joseph D. Lento represents clients throughout New Jersey's 21 counties: Atlantic, Bergen, Burlington, Camden, Cape May, Cumberland, Essex, Gloucester, Hudson, Hunterdon, Mercer, Middlesex, Monmouth, Morris, Ocean, Passaic, Salem, Somerset, Sussex, Union, and Warren County,  In New York, Attorney Joseph D. Lento represents clients throughout New York's 62 counties.  Outside of Pennsylvania, New Jersey, and New York, unless attorney Joseph D. Lento is admitted pro hac vice if needed, his assistance may not constitute legal advice or the practice of law.  The decision to hire an attorney in Philadelphia, the Pennsylvania counties, New Jersey, New York, or nationwide should not be made solely on the strength of an advertisement. We invite you to contact the Lento Law Firm directly to inquire about our specific qualifications and experience. Communicating with the Lento Law Firm by email, phone, or fax does not create an attorney-client relationship.  The Lento Law Firm will serve as your official legal counsel upon a formal agreement from both parties. Any information sent to the Lento Law Firm before an attorney-client relationship is made is done on a non-confidential basis.

Menu