The short answer is yes, but it is a complicated consideration. For cases that are being adjudicated under Title IX, all schools are going to be required to follow the final Title IX rule, which went into effect on August 14, 2020. Because many cases that were previously covered under Title IX will now be covered under the school’s sexual misconduct policy, different schools are going to have different policies in that regard. Schools are free to create their own policies as to how they believe it to be appropriate to address and adjudicate college sexual misconduct.

It’s very important to be familiar with your school’s policy. Different schools are going to have different variations on similar themes, say, some schools will have a hearing, other schools will not. Some schools will allow cross-examination, some schools will not. Some schools will allow written cross-examination, but not, say, in-person cross-examination, so it’s very important to be very familiar with your school’s policy because so much is at stake.

An experienced attorney advisor can help best navigate the process and can help protect an accused party’s interest from preferably as early as possible in the process.

College Sexual Misconduct Defense FAQs

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