If a college or university dismisses a case under Title IX, can a college or university address the allegations in a different manner?

If a college or university dismisses a case under Title IX per the Title IX Final Rule, the school can address the case in a different manner. What that means is misconduct that was misconduct before the Title IX Final Rule went into effect will likely remain misconduct that would be addressed and adjudicated by the school. Since the Title IX Final Rule went into effect, it's just that the school would not be able to do so for Title IX purposes. It would not fall in certain instances under Title IX's jurisdiction.

When that's the case, the Title IX Final Rule allows the school at its discretion to pursue the case otherwise. What schools have done since the Title IX Final Rule has gone into effect is to create a separate policy, a college or university sexual misconduct policy that would be separate or distinct from the Title IX policy where misconduct that falls not under Title IX would be addressed under these new policies. Having an experienced attorney advisor will be your best ally in understanding and navigating the Title IX process and they should be involved from as early as possible in a Title IX case.

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