How does a college or university determine remedies under the Title IX Final Rule?

Because your university will determine remedies under the Title IX Final Rule by making an evaluation as to what will best ensure a complainant equal educational access, this will consider various factors, the specific aspects of the case, the allegations involving the sexual harassment or sexual misconduct, the specific circumstances of the complainant and the respondent. The factors would be expansive in nature. The remedies can include the same individualized services that were provided to the complainant as supportive measures leading up to that point like prior to say, the finding of responsibility.

The difference between remedies and supportive measures is that remedies do not need to be non-punitive, they do not need to be non-disciplinary and they do not need to be not burdensome to the respondents. A remedy, for example, could be a respondent suspension or expulsion. It could be the respondent being removed from campus housing or not being allowed to participate on a sports team or a change in the respondent's class schedule.

The stakes are high, both for a complainant and the respondent in Title IX sexual misconduct case. Having an experienced attorney advisor in your corner from as early as possible in the process can help you best navigate the process and can help you work towards trying to ensure a fair process and a favorable outcome.

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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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