Is a college or university required to list the remedies that may be imposed under the Title IX Final Rule?

A college or a university is required to list the remedies that may be imposed under the Title IX Final Rule. The remedies that would be, say, made available to the complainant in addition to the disciplinary sanctions that would be imposed upon a respondent if he or she were to be found responsible. Remedies can be various in nature. They can be the traditional punitive disciplinary sanctions such as a suspension or expulsion or, say, lesser sanctions such as a probation or even a warning as a baseline.

However, people have to bear in mind that schools, if a student is found responsible the sanction at a minimum often would be suspension. If there's aggravating factors, that suspension could be an expulsion. It would be a rare instance where there would be sufficient mitigating factors for a suspension to be reduced to probation, say, students are held to a high level of accountability, employees are held to a higher level of accountability, yet where if an employee is found responsible for sexual harassment, it often would result in termination. Not in all cases, but it is a sufficient concern for an employee accused of sexual harassment.

The remedies could also include, say, the removal of the respondent from housing, a disallowance for the respondent to participate in a sports team, or in other activities, a change in the respondent's class schedule. The remedies can be various in nature. So much is at stake in a Title IX case and having an experienced attorney advisor can help you best navigate the process, and can help you work towards trying to ensure a fair process and a favorable outcome, and they should be involved from as early as possible in the process.

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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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