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.

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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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