What is the time frame for resolution of a sexual misconduct case in the student disciplinary process?

 

The timeframe for the resolution of a Title IX sexual misconduct case will vary depending on the school involved. At many schools, they institute a 60 day timeframe. Some schools use a lesser period of time. Other schools use a greater period of time yet, but most schools use a 60 day window. That being said, prior to September of 2016 when it was more or less a Department of Education, Office of Civil Right mandate that investigations had to be completed within 60 days, schools almost always went beyond that for some reason. It could be because of school breaks or the complexity of a case. Even cases that were not overly complex would often go beyond 60 days.

Some cases can last more than a year. I've dealt with cases, although it's the exception not the rule, that have literally lasted more than a year. Now with the new guidance from the Department of Education, schools, they are recommended certain timeframes, but there's no hard line in terms of what needs to take place. The the rush to judgment that arguably could have been the case otherwise, it really depends on how one looks at the matter, whether 60 days is a long period of time or not, that is no longer the case. A school is generally bound by its own policies, but again, if there's good cause or reason to go beyond that, a school would often do so. An experienced attorney advisor can help navigate the process.

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