What is a college or university required to do if the allegations do not meet the Title IX Final Rule's definition of sexual harassment?

A college or university under the Title IX Final Rule is required to dismiss allegations or a formal complaint that do not meet the Title IX Final Rule's definition of sexual harassment. That being said, a school would be at it's discretion under the Title IX Final Rule allowed to pursue the allegations or the case in a different capacity, but not under Title IX.

For example, the school could pursue allegations if otherwise appropriate, under its college or sexual, college or university sexual misconduct policy. Although misconduct may be dismissed for purposes of Title IX, that does not mean that the school would not be within its rights to pursue the matter otherwise.

An experienced attorney advisor will be your best ally in navigating and understanding the Title IX process and they should be involved from as early as possible in the case.

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