The Title IX Final Rule will not second-guess a school's disciplinary decisions. It will require a school to provide supportive measures and remedies to a complainant if a respondent is found responsible. The unfortunate reality is that when a respondent is found responsible for sexual harassment or sexual misconduct, all bets are off. Remedies could include up to and including expulsion from the school. Many schools, as a baseline, start at a suspension. With aggravating circumstances, there could be an expulsion. It would be a rare instance that there would be sufficient mitigating circumstances for a suspension to be reduced to probation. The stakes are incredibly high, both for a respondent and a complainant. Ultimately, the Title IX Final Rule gives schools wide discretion as to what would be appropriate if a respondent is found responsible, both in terms of providing the supportive measures to the complainant and also directly sanctioning the respondent.
If you're facing a Title IX concern or sexual misconduct case, having an experienced attorney advisor in your corner from as early as possible in the process will help you best navigate the process and will help you work towards trying to ensure a fair process and a favorable outcome.
