Over four million people call Metro Detroit home, living in large cities like Dearborn, Pontiac, and Warren and small towns such as Auburn Hills, Utica, and Port Huron. Although the area stands out for its automotive heritage, arts, and entertainment, it also boasts dozens of notable colleges and universities, making it one of the higher education capitals of the Midwest.
Even though students come from across the nation and the world for the wealth of knowledge and opportunities at Metro Detroit schools, some challenges may arise on the journey toward graduation. The application of federal Title IX regulations can change on a whim and can quickly become a barrier to academic and professional success. Some students may have experienced sympathetic and forgiving school officials in the past, but at institutions of higher education, disciplinary authorities aren't as merciful.
Before Title IX misconduct allegations arise, Detroit Metro students must know they have access to a team of professionals ready to assist them and build a strategic defense. The Lento Law Firm Student Defense Team knows how harsh punishments can harm a student's academic goals and will work tirelessly to ensure a path toward disciplinary relief. Call us at 888-535-3686 now or fill out our confidential consultation form.
What Is Title IX?
In 1972, the U.S. Congress passed Title IX as a federal civil rights law prohibiting sex-based discrimination in educational programs receiving public funds. In the years since, it has also expanded to include gender-based discrimination. Title IX also addresses the following at schools at every level of education:
- Bullying and Cyberbullying
- Dating or Domestic Violence (sometimes called intimate partner violence)
- Discrimination and Harassment
- Hazing and Stalking
- Intimidation and Retaliation
- Sexual Exploitation and Quid Pro Quo
With the U.S. Department of Education (DOE) directed by the weight of the Executive Branch, election cycles often bring about significant changes in policy, including complete reversals. On August 1, 2024, Title IX received another series of updates to provide more inclusive protections for LGBT+ students. Some new provisions include:
- An expansion of the definition of sexual harassment to include "severe or pervasive" conduct.
- Inclusion of gender identity as a basis of discrimination.
- Authority given to schools to handle off-campus sexual misconduct.
- Eliminating mandatory in-person hearings and student right to cross-examination.
Following the alteration or reversal of changes adopted in 2020, more than two dozen states and hundreds of school districts across the country are enjoined in attempts to strike down the updates. A Kansas federal district court decision has stopped many Michigan institutions from enforcing 2024 Title IX policies, and schools identified by the plaintiff organizations are barred from complying with the new DOE regulations.
The Detroit Metro colleges and universities affected by the injunction are:
- Eastern Michigan University
- Henry Ford College
- Rochester College
- Schoolcraft College
- University of Michigan, Ann Arbor
- University of Michigan, Dearborn
- Wayne State University
Institutions in Detroit Metro that are not affected by the injunction are:
- Baker College
- Cleary University
- College for Creative Studies
- Concordia University Ann Arbor
- Cranbrook Academy of Art
- Davenport University
- Kettering University
- Lawrence Technological University
- Madonna University
- Northwood University
- Oakland University
- Specs Howard School of Media Arts
- Sacred Heart Major Seminary
- SS. Cyril and Methodius Seminary
- University of Detroit Mercy
- University of Michigan, Flint
- Walsh College
Despite the presence of distinct guidelines in the 2020 Title IX regulations compared to previous versions, educational institutions still have obligations to protect students from gender-based violence. Differences lie in processes schools use to address misconduct.
Reporting Title IX Allegations
One of the rules of Title IX that remained constant is the reporting requirement for colleges and universities. Schools require all employees, including part-time student employees in most cases, to report suspected violations to the Title IX Coordinator. Mandatory reporting also applies to contractors or volunteers for the schools and, in many cases, but not all, to students who exercise forms of college-sponsored authority over other students, such as resident advisors.
When mandatory reporters neglect to report alleged Title IX violations, they face personal repercussions. Consequences can include disciplinary actions from the institution, loss of employment status, and even a loss of financial aid and scholarships.
Title IX Investigations
The concept of "actual knowledge" within Title IX describes a school's federal mandate to take action when it is aware of potential sexual misconduct. This threshold is met when the Title IX Coordinator or another high-ranking official becomes aware of the allegations and obligates the school to respond promptly. The Title IX Coordinator then sends both the accuser (complainant) and the accused (respondent) a formal notice of the allegations, commencing an official inquiry. The notice will include:
- Details of the allegations, including date and location.
- Identities of parties involved, including witnesses to the incident.
- The students' options to resolve the matter informally.
- Notice that each party may have an advisor.
Investigations can significantly affect their academic and social lives. The process often creates an environment of uncertainty and stress as students navigate the complexities of the investigation while managing their regular school responsibilities. It can affect not only those directly involved but also their peers and family.
Students receive little time between receiving the notice of allegations and the hearing to build their defense. Most schools tend to wrap up the grievance process within 90 days, but some seek to commence hearings in as few as 15 days. Once students receive the notice, their school has already launched an inquiry into the alleged behavior, meaning they can be caught off guard by the charges and become unsure of how to proceed. Since Detroit Metro colleges and universities have a head start, students must obtain professional assistance to ensure their rights are protected throughout the process.
Schools task investigators to interview the complainant, respondent, and witnesses and gather as much information as possible about the events that led to the allegations. During the investigation, school authorities may seek text messages, smartphone photos, emails on computers, and anything they deem necessary. Even if an incident occurred off-campus, colleges and universities can step in to adjudicate where they could not previously under the changes to Title IX.
Investigators look to wrap up their inquiries as quickly as possible, but each depends on the particulars of the allegations. Once complete, the investigator will provide the complainant and respondent with a copy to review. Parties also have an opportunity to submit a written response to the investigator to include in their final report given to the Title IX Coordinator.
Informal Resolution Process
With federal Title IX policy variations, the hearing process will differ between schools. For example, Wayne State University uses the updated procedures implemented in 2024, whereas schools like the University of Detroit Mercy remain aligned with the 2020 rules. Irrespective of the updates, those accused of Title IX misconduct in Michigan colleges and universities have the option to initiate informal resolutions.
Concordia University Ann Arbor's informal resolution process proceeds as follows:
- Both parties sign a consent form and agree to participate.
- A facilitator meets with the complainant to discuss their desired outcomes.
- The facilitator meets with the respondent to see if they agree with the complainant's desired outcomes or seek to negotiate for alternatives.
If both parties reach an agreement, the facilitator drafts an agreement that details the outcomes and sends a copy to each party for their review and signature. Once effective, the matter is closed. The matter proceeds to the formal hearing stages if an agreement isn't reached.
Students may believe they will receive lighter sanctions through the informal process, but that is a costly misconception. While most schools require a formal hearing before suspending or expelling a student, resolving Title IX misconduct through an informal process waives the right to appeal.
Title IX Formal Hearings
With formal proceedings, schools on the 2020 and 2024 guidelines will approach matters differently. Under the 2020 guidelines, Title IX hearings required live proceedings. Although the 2024 updates remove that requirement, schools are allowed to maintain the provision. Fortunately, one of the provisions that remains unchanged is that students may have an advisor assist them through the process.
Advisors may only act in an advisory capacity during hearings (when permitted by the school) and not represent the student during proceedings. However, in some cases, for schools like Eastern Michigan University, advisors may question other parties at the behest of students.
Schools can approach Title IX hearings in a few ways, especially with added authority from the federal updates. Title IX regulations require that the school follow a specific process for DOE-covered conduct, like sex or gender identity-based violations. Another policy can be utilized for sexual misconduct allegations that do not present elements of discrimination and thus outside DOE updates.
There are a few differences in the pre-hearing stages, but at schools like the University of Michigan, Dearborn, the hearing proceeds as follows:
- The decision maker (acting as a hearing officer) will convene the hearing by discussing the procedures used.
- The complainant and respondent are introduced to the hearing panel.
- The complainant may make an opening statement, followed by the respondent.
- Members of the hearing panel will question the complainant, respondent, witnesses, and any other parties involved.
- The complainant and respondent may make rebuttals or closing remarks.
- The decision maker will conclude the hearing, and the panel will deliberate on its findings and make a determination.
For schools in Detroit Metro following the 2024 Title IX updates, the standard of proof in cases is likely lower than what it was before. Schools were given the option under the 2020 Title IX rules to use the "preponderance of the evidence" or the "clear and convincing evidence" standard. Those aligning with the updates follow the former, meaning that the respondent only needs to be proven that they are "likely" to have committed the alleged violation.
Within a few days—typically no more than ten business days—the panel will serve its determination to the parties involved through a written notice. The notice will include the reasoning for the panel's decision, any sanctions handed down, and information on the appeals process.
Consequences of Title IX Violations
If the school's hearing panel finds a student responsible for Title IX misconduct, punishments can vary depending on the merits of the case. While a mix of probationary measures like workshops, no-contact orders, and mandatory projects are a potential, students are commonly suspended or expelled.
Even if students aren't removed, Title IX misconduct is often a reason students have financial aid withdrawn, whether it be private scholarships or government loans. In cases where students are expelled, they are usually not permitted to reapply and are trespassing indefinitely from campus and all campus-related events. Since Title IX sanctions are noted on their transcript, applying to school elsewhere will be challenging as admission personnel will take it into consideration when determining a candidate's character.
After the school hands down discipline, Metro Detroit students have a chance to appeal. Parties have little time to petition for an appeal, which can range from one working week to thirty calendar days. Yet, they cannot appeal for any reason and are only eligible under the following circumstances:
- Bias or conflict of interest
- Procedural irregularities
- New evidence emerged
- Inappropriate or disproportionate punishments
The hearing panel that rendered the decision and the sanctions will not decide the appeal. Determinations are normally left to the school's dean, chief academic officer, an external reviewer selected by the Title IX Coordinator, an appeals panel, or other collegiate authorities. Decisions on appeals are final and cannot be further addressed through the institution.
How Can the Lento Law Firm Help Metro Detroit Students?
The Lento Law Firm Student Defense Team is your trusted ally in Metro Detroit from Farmington Hills and Highland Lakes to Royal Oak and Hamtramck, we stand prepared to build your defense strategy. Retaining us to assist you through your college or university grievance process will ensure you can properly navigate changes in Title IX regulations and mitigate proposed punishment.
Students and their parents may first look to hire local lawyers advertising near the school, but it could be the beginning of an expensive, time-consuming mistake. Trial attorneys usually move to defend students using litigation against the school, which can take months or even years to generate an outcome. Formal suits, while possible, are rarely necessary, and do not have the benefits of negotiating first with the institution and their Office of General Counsel.
The Lento Law Firm Student Defense Team is your outlet for knowledgeable and confident defense against Title IX allegations. Call us today at 888-535-3686 or visit the confidential online consultation form.
