Does my child have due process rights in a Title IX hearing?

Title IX law is in constant flux, with new rules and legal challenges continuing to shape how schools, colleges, and other institutions handle sex-based misconduct and discrimination.  Our firm closely monitors these developments and is committed to providing the most current information available. Click here to learn about the current state of Title IX and how we can help if you are facing accusations or other Title IX issues.

The short answer is yes, because Title IX is a federal civil rights law that’s intended in part to prevent and address campus sexual misconduct, and because it is a federal law, your child would have due process rights under Title IX. Your child would also have due process rights if they attend a public university. It’s a gray area at a private university. Although there’s not traditional due process at private universities, there’s been a small shift in some federal courts regarding the possibility of due process of private universities. That being said, a student does have contractual rights for, say, arguable breach of contract if there is this a failing on the school’s part at both private and public universities. So overall, the answer would be yes, a student does have due process rights under Title IX.