Can a college or university suspend a student athlete as an interim measure under the Title IX Final Rule?

Can a school do so? Yes, should of school do so? Not necessarily. Colleges and Universities are supposed to follow a grievance process that complies with the Title IX Final Rule before the imposition of any disciplinary sanctions or other actions that are not supportive measures of the respondent. If a student-athlete is accused of a Title IX sexual harassment or sexual misconduct and they're suspended even on an interim basis from their sports team, separate from any NCAA considerations, schools often would suspend that student-athlete until the case is addressed and adjudicated.

The issue would be this is certainly, although not necessarily disciplinary sanction because the student-athlete has not been found responsible at this stage, it's certainly not a supportive measure of the respondent is definitely an adverse action that the school has taken. Whether the school is when it's within his rights to do so is a question that would need to be considered. It would be on a case by case basis and it would be case in fact-specific. If you're a student-athlete and you're accused of a Title IX issue or sexual misconduct allegation, the stakes are high. Having an experienced attorney-advisor in your corner from as early as possible in the process will help protect your rights and interests and they should be involved from as early as possible in the process.

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