The short answer is yes. That being said, a person could sue someone because they don't like the cut of their jib. Is suing the school the best course of action? It depends on the particular circumstances. Even if it's the strongest case, suing a school can be burdensome, but it definitely can be done. If a student is charged, the question would be, will the court involve itself in preventing the case from going further by say, seeking a preliminary junction? Court often would state that there is no damage to the person at this time. There's the prospect, of course, but is the school following its process and addressing and adjudicating a Title IX claim? If yes, and if there's nothing outside the bounds, then suing would not be appropriate in such an instance. It's further complicated by the fact that litigation itself is not necessarily the best step.
It depends on the timing of the case in terms of what stage the case is at, but the Department of Education, Office of Civil Rights itself can potentially help by filing a Title IX complaint with the DOE OCR. It's a very involved consideration if you're contemplating suing a school. It's a step that can be taken and at times should be taken. In most instances, however, it's best to address the matter at the school. These cases, they're not easy to win. They definitely can be won, and in many instances it may be the student's obligation, in a sense, to address the matter at the school. Although there's many, many considerations and nuances. To help with an experienced attorney and advisor, it's best to be spoken to about such a matter. There'll be able to let you know what your rights are and what the potential scenarios are.