Does a college or university need to follow a grievance procedure that considers the respondent under the Title IX Final Rule?

Colleges or universities are required to follow a grievance procedure that considers the respondent under the Tittle IX final rule before the imposition of any disciplinary sanctions or other measures that are not supportive of the respondent or, say, would be adverse to the respondent. In the past, for example, schools would, in almost all instances, impose a no-contact order. At times, they could impose an interim or temporary suspension. These kinds of steps, especially with respect to an interim or a temporary suspension or any more significant step that a school could take, say, relocation of a respondent's housing or change in a respondent's class schedule to meet the needs of, say, a complainant, these steps should not be taken arguably unless the school has a grievance procedure that a respondent can take steps to address these kinds of concerns. The grievance procedure itself would be expansive in scope, but ultimately, schools should not be allowed to take unilateral action against the respondent under the Tittle IX final rule, which was, say, more the case under previous guidance.

If you're facing a Title IX case or a sexual misconduct concern, having an experienced attorney advisor in your corner will help you navigate the process and will help you work towards ensuring a fair process and a favorable outcome. They should be involved from as early as possible in the 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 our offices today, and let us help secure your academic career.

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