Affordable Advisors for Accused Students
If you are a student accused of sexual misconduct—sexual harassment, sexual assault, dating violence, stalking, sexual exploitation, or similar allegations—the road ahead will be difficult and stressful to an extent few can understand. But it is not hopeless if you take immediate, intelligent steps to safeguard your well-being and your future.
As Title IX advisors with fifteen years of experience, we can help you craft and execute a defense strategy at any stage—from report to investigation to adjudication—with the goal of achieving the best possible outcome. Call us at (903) 309-0332 for a consultation, book an appointment on a Title IX advisor’s calendar, or use the contact form to message us.
Learn more about how we serve our clients below.
Affordable Advisors for Accused Students
If you are a student accused of sexual misconduct—sexual harassment, sexual assault, dating violence, stalking, sexual exploitation, or similar allegations—the road ahead will be difficult and stressful to an extent few can understand. But it is not hopeless if you take immediate, intelligent steps to safeguard your well-being and your future.
As Title IX advisors with fifteen years of experience, we can help you craft and execute a defense strategy at any stage—from report to investigation to adjudication—with the goal of achieving the best possible outcome. Call us at (903) 309-0332 for a consultation, book an appointment on a Title IX advisor’s calendar, or use the contact form to message us.
Learn more about how we serve our clients below.
Affordable Advisors for Accused Students
If you are a student accused of sexual misconduct, such as sexual harassment, sexual assault, dating violence, stalking, sexual exploitation, or similar allegations, the road ahead will be difficult and stressful to an extent few can understand. But it is not hopeless if you take immediate, intelligent steps to safeguard your well-being and your future.
As Title IX advisors with fifteen years of experience, we can help you craft and execute a defense strategy at any stage—from report to investigation to adjudication—with the goal of achieving the best possible outcome. Call us at (903) 309-0332 for a consultation, book an appointment on a Title IX advisor’s calendar, or use the contact form to message us.
Learn more about how we serve our clients below.
You Will Need Professional Help
For three reasons:
Title IX misconduct proceedings answer to many authorities: federal regulations, federal laws, state laws, state and federal court decisions, school policies, and unspoken whims and interests of school administrators. It would be unfair for schools to expect accused students and faculty to be aware of all of these, navigate them effectively, and assert their rights when necessary and at a moment’s notice. And yet, they do.
Being found guilty (“responsible”) can result in suspension, expulsion, denial of employment, denial of occupational licensing, referral for criminal prosecution, or even (if you are an immigrant) loss of immigration status and deportation. This is in addition to the impact that an “official” punishment can have on relationships with friends and loved ones.
Schools have been under tremendous pressure to crack down on misconduct, especially sexual misconduct. Above all, they are interested in minimizing their liability, too often treating finding the truth of secondary importance. This is why, since 2011, nearly 900 students have filed lawsuits against their schools alleging that their rights have been violated in Title IX proceedings.
You Will Need the Help of a Professional Title IX Advisor
For three reasons:
Title IX misconduct proceedings answer to many authorities: federal regulations, federal laws, state laws, state and federal court decisions, school policies, and unspoken whims and interests of school administrators. It would be unfair for schools to expect accused students and faculty to be aware of all of these, navigate them effectively, and assert their rights when necessary and at a moment’s notice. And yet, they do.
Being found guilty (“responsible”) can result in suspension, expulsion, denial of employment, denial of occupational licensing, referral for criminal prosecution, or even (if you are an immigrant) loss of immigration status and deportation. This is in addition to the impact that an “official” punishment can have on relationships with friends and loved ones.
Schools have been under tremendous pressure to crack down on misconduct, especially sexual misconduct. Above all, they are interested in minimizing their liability, too often treating finding the truth of secondary importance. This is why, since 2011, nearly 900 students have filed lawsuits against their schools alleging that their rights have been violated in Title IX proceedings.
You Will Need Professional Help
For three reasons:
Title IX misconduct proceedings answer to many authorities: federal regulations, federal laws, state laws, state and federal court decisions, school policies, and unspoken whims and interests of school administrators. It would be unfair for schools to expect accused students and faculty to be aware of all of these, navigate them effectively, and assert their rights when necessary and at a moment’s notice. And yet, they do.
Being found guilty (“responsible”) can result in suspension, expulsion, denial of employment, denial of occupational licensing, referral for criminal prosecution, or even (if you are an immigrant) loss of immigration status and deportation. This is in addition to the impact that an “official” punishment can have on relationships with friends and loved ones.
Schools have been under tremendous pressure to crack down on misconduct, especially sexual misconduct. Above all, they are interested in minimizing their liability, too often treating finding the truth of secondary importance. This is why, since 2011, nearly 900 students have filed lawsuits against their schools alleging that their rights have been violated in Title IX proceedings.
How We’re Different
We are able to achieve a successful outcome in a strong majority of cases when clients hire us before the first interview, and we win significantly more cases than we lose overall. We are sometimes able to close out the case early and in half the time (or less) that it would take if the case proceeded for the full duration.
There is often a big difference in outcomes between those who engage the services of a Title IX specialist and those who do not. For us, Title IX is not one area of work among many; it is our core focus. We have been working on Title IX matters since 2010, before they became a regular issue for the courts or the subject of a back-and-forth regulatory battle by presidential administrations.
We regularly research Title IX litigation, policy, and best practices. Our research has led us to create the Accused Students Database, the only database of its kind that tracks litigation by students who allege they were treated unfairly in Title IX grievance procedures. This database is used not only for our own research, but also by education and legal professionals, advocates, media, and more.
Regulations governing Title IX misconduct proceedings provide that accused students may be assisted by an “advisor of their choice, who may be, but is not required to be, an attorney.” We understand, as the Department of Education did when it wrote those regulations, that most students have little to no money tree to shake and need assistance throughout a complicated and high-stakes process. For their benefit, we offer advisory services at a fraction of the cost of an attorney that specializes in Title IX matters.
Because of the highly sensitive and impactful nature of these cases, students need to know that the person assisting them is fully “in their corner.” Our mission has long been to advance the rights of the wrongly accused in the education system. We have done this by assisting individual students, raising awareness of the issues, and advocating for fairness at local, state, and federal levels. Because of our advocacy, we are instinctively aware of the interests at work in the education system and can anticipate certain things before they happen for the benefit of our clients.
What Makes Us Different
Select a tab below to learn more.
We are able to achieve a successful outcome in a majority of cases when clients hire us before the first interview. In about half of cases, we are able to close out the case early and in half the time that it would take if the case proceeded for the average full duration.
There is often a big difference in outcomes between those who engage the services of a Title IX specialist and those who do not. For us, Title IX is not one area of work among many; it is our core focus. We have been working on Title IX matters since 2010, before they became a regular issue for the courts or the subject of a back-and-forth regulatory battle by presidential administrations.
We regularly research Title IX litigation, policy, and best practices. Our research has led us to create the Accused Students Database, the only database of its kind that tracks litigation by students who allege they were treated unfairly in Title IX grievance procedures. This database is used not only for our own research, but also by education and legal professionals, advocates, media, and more.
Regulations governing Title IX misconduct proceedings provide that accused students may be assisted by an “advisor of their choice, who may be, but is not required to be, an attorney.” We understand, as the Department of Education did when it wrote those regulations, that most students have little to no money tree to shake and need assistance throughout a complicated and high-stakes process. For their benefit, we offer advisory services at a fraction of the cost of an attorney that specializes in Title IX matters.
Because of the highly sensitive and impactful nature of these cases, students need to know that the person assisting them is fully “in their corner.” Our mission has long been to advance the rights of the wrongly accused in the education system. We have done this by assisting individual students, raising awareness of the issues, and advocating for fairness at local, state, and federal levels. Because of our advocacy, we are instinctively aware of the interests at work in the education system and can anticipate certain things before they happen for the benefit of our clients.
What Makes Us Different
Select a tab below to learn more.
We are able to achieve a successful outcome in a strong majority of cases when clients hire us before the first interview, and we win significantly more cases than we lose overall. We are sometimes able to close out the case early and in half the time (or less) that it would take if the case proceeded for the full duration.
There is often a big difference in outcomes between those who engage the services of a Title IX specialist and those who do not. For us, Title IX is not one area of work among many; it is our core focus. We have been working on Title IX matters since 2010, before they became a regular issue for the courts or the subject of a back-and-forth regulatory battle by presidential administrations.
We regularly research Title IX litigation, policy, and best practices. Our research has led us to create the Accused Students Database, the only database of its kind that tracks litigation by students who allege they were treated unfairly in Title IX grievance procedures. This database is used not only for our own research, but also by education and legal professionals, advocates, media, and more.
Regulations governing Title IX misconduct proceedings provide that accused students may be assisted by an “advisor of their choice, who may be, but is not required to be, an attorney.” We understand, as the Department of Education did when it wrote those regulations, that most students have little to no money tree to shake and need assistance throughout a complicated and high-stakes process. For their benefit, we offer advisory services at a fraction of the cost of an attorney that specializes in Title IX matters.
Because of the highly sensitive and impactful nature of these cases, students need to know that the person assisting them is fully “in their corner.” Our mission has long been to advance the rights of the wrongly accused in the education system. We have done this by assisting individual students, raising awareness of the issues, and advocating for fairness at local, state, and federal levels. Because of our advocacy, we are instinctively aware of the interests at work in the education system and can anticipate certain things before they happen for the benefit of our clients.
How We’re Different
Select a tab below to learn more.
We are able to achieve a successful outcome in a strong majority of cases when clients hire us before the first interview, and we win significantly more cases than we lose overall. We are sometimes able to close out the case early and in half the time (or less) that it would take if the case proceeded for the full duration.
There is often a big difference in outcomes between those who engage the services of a Title IX specialist and those who do not. For us, Title IX is not one area of work among many; it is our core focus. We have been working on Title IX matters since 2010, before they became a regular issue for the courts or the subject of a back-and-forth regulatory battle by presidential administrations.
We regularly research Title IX litigation, policy, and best practices. Our research has led us to create the Accused Students Database, the only database of its kind that tracks litigation by students who allege they were treated unfairly in Title IX grievance procedures. This database is used not only for our own research, but also by education and legal professionals, advocates, media, and more.
Regulations governing Title IX misconduct proceedings provide that accused students may be assisted by an “advisor of their choice, who may be, but is not required to be, an attorney.” We understand, as the Department of Education did when it wrote those regulations, that most students have little to no money tree to shake and need assistance throughout a complicated and high-stakes process. For their benefit, we offer advisory services at a fraction of the cost of an attorney that specializes in Title IX matters.
Because of the highly sensitive and impactful nature of these cases, students need to know that the person assisting them is fully “in their corner.” Our mission has long been to advance the rights of the wrongly accused in the education system. We have done this by assisting individual students, raising awareness of the issues, and advocating for fairness at local, state, and federal levels. Because of our advocacy, we are instinctively aware of the interests at work in the education system and can anticipate certain things before they happen for the benefit of our clients.
How We Help
Our work as your advisor will help you understand the process, make your case favorably, avoid missteps, and work toward achieving a positive outcome. By browsing the tabs below, you will find a detailed description of the work we perform in the average case. Please note that the actual work performed will vary based on your specific case. If you have any questions about the service, please contact us. Click on a tab to learn more.
While the word “investigation” is sometimes used to refer to the entire process, it technically refers to the evidence-gathering phase. The general progression of this stage is for us to address any urgent and immediate concerns, set up your overall defense strategy, and prepared you as much as possible before you appear for an interview, submit evidence, or identify witnesses. Click each section below to learn more.
Many schools invite respondents to “intake” meetings where they discuss the process and certain options. It is best for an advisor to both prep you for how to navigate this meeting and attend the meeting with you. Depending on the school and the administrator, your advisor may be able to take a more active role in negotiating certain accommodations for you or clarifying your options in the process. It helps to know what to ask, and how!
If an investigator or Title IX Coordinator is biased or has a conflict of interest, they could permanently damage the case. It is a standard procedure for Title IX for All to review all Title IX Coordinators and investigators assigned to their clients’ cases using a proprietary checklist we have developed from reviewing 15+ years of accused student litigation and years of advising accused students. Usually, there is an opportunity to challenge an investigator’s assignment to the case. If such a challenge is necessary, your advisor can help you draft a written challenge. Reviewing these personnel may also yield other helpful information, such as anticipating:
- An investigator’s questioning style or techniques, or anything distinctive regarding how they draft and revise investigation reports or gather evidence that could impact the client
- Anything distinctive to an individual Title IX Coordinator’s decision-making process or behavior that could impact the client
In Title IX matters, sexual misconduct grievance procedures have mostly been standardized across the country by federal regulation. But it is common for state laws and school policies to add (or sometimes illegally subtract) from the rights both parties are afforded. Schools also have broad discretion in certain areas, and it is helpful to know this upfront so that planning your overall strategy is much easier.There are many types of evidence that can be gathered, and it is not always apparent what evidence is available or may be helpful. Shortly after setting up a new client, we ask clients to send us any evidence they have so that we can assess what evidence is best to submit, what else may be obtained, and get an early sense of the strengths and weaknesses of the case so that we can advise appropriately in the upcoming Initial Strategy Meeting and going forward.
You and your advisor meet to go over the strengths and weaknesses of the case, discuss the evidence and potential witnesses in greater detail, and plan out the overall strategy for the case. This meeting also involves your advisor asking questions that an investigator is likely to ask, effectively making this meeting good practice for the upcoming interview with the investigator.
Your advisor meets with you virtually and trains you on specific techniques you can use during the interview, what to do if the investigator uses unfair interview techniques, and how your advisor will help you during the interview, and how you can both work together during the interview.
Your advisor participates during the interview as much as university policy and the law allows. You can request a break at any time to speak with your advisor who will then assist you with questioning. Your advisor may also communicate with you in other ways, or with investigators, to ensure the process is fair. Your advisor will also memorialize the proceedings by taking extensive notes on what is said so that you have an independent record to compare to your on-the-record statements.
It is not uncommon for investigators to request a follow-up interview after they interview more witnesses, but appearing for a second interview might not always be in your best interests. If you appear for a follow-up interview, you may need additional preparation. At minimum, your advisor will be available to assist you during the interview.
Your advisor will help you prepare the evidence for submission. This includes formatting the evidence in ways that are easy for school personnel to review, sort, and reference them. Your advisor will also prepare a document that summarizes and explains the relevance of the evidence with the goal of persuading the investigator to include the evidence in the case record and summarize its relevance in investigation reports.
It is not always apparent who can serve as a supportive witness. Who would be a good “fact witness”? Do you need a “character witness”? Should they be interviewed or provide a written statement? How should you approach these witnesses to avoid the university suspecting you are engaging in “witness tampering”? Your advisor will help with all of these concerns.
Once the investigator has finished gathering evidence, both parties will receive all of the evidence and see – for the first time – all of the evidence everyone else has submitted. Your advisor will analyze the newly-received evidence and produce a report for you that:
- Breaks down how the case record can be used both for or against you going forward
- Any deficiencies in the investigation or the case record
- Any additional evidence we can gather
- Any additional witnesses we can identify
- Any requests we can make of the investigator to gather additional evidence
- Any material that would especially useful during the hearing or the response to the final report
- Any broader strategic changes based on the evidence analysis
- Anything else that is relevant
Once you receive the evidence the investigator has gathered, you will have a limited time to respond to it in writing. Your advisor can assist you in writing the response. Ideally, your response will take advantage of the opportunities identified in the advisor’s evidence analysis report.
Much of this phase consists of preparing for and participating in the hearing. In lower education, hearings are not usually held, and a different questioning phase occurs instead.
This is the final opportunity to make written arguments and responses regarding the case. The length and scope of your response will vary substantially depending on your specific case. Here as well, your advisor can help.If a decision-maker is biased or has a conflict of interest, they could permanently damage the case. It is a standard procedure for Title IX for All to review the decision-maker(s) using a proprietary checklist we have developed from reviewing 15+ years of accused student litigation and years of advising accused students. Usually, there is an opportunity to challenge the decision-maker’s assignment to the case. If such a challenge is necessary, your advisor can help you draft a written challenge.
Reviewing the decision-maker may also reveal useful information about their behavior or decision-making process, especially regarding what they believe constitutes relevant evidence or the weight they assign to certain types of evidence.
In higher ed Title IX grievance procedures, the parties are usually afforded a set amount of time to read opening and closing statements aloud and in the presence of the decision-maker. Each statement serves a different purpose. What you say, and how, should be tailored around the case record, your hearing strategy (including cross-examination), and (when possible) any special knowledge you or your advisor may have about the decision-maker. Your advisor can help you draft each statement.
Mitigation statements ask the decision-maker(s) to issue a reduced sanction (punishment) in the event that you are found responsible (guilty). For respondents, impact statements tend to address the impact that the grievance process and other participants’ behavior have had on you. When you can submit these statements varies sharply by the school. We help our clients draft and submit them.
These meetings are usually held within ten days of the hearing. In a pre-hearing meeting, you will have the opportunity to meet the decision-maker or another administrator who will discuss hearing logistics with you and your advisor. It is also a good time to ask what options or accommodations may be available that you can take advantage of. Lean heavily on your advisor here; in many cases, you have to know what specific options to ask for to take advantage of them.
Within ten days of the hearing, it is good to meet with your advisor to discuss how a hearing is different from an interview with an investigator, how to respond during cross-examination, you and your advisor’s cross-examination strategy (questions posed to your accuser and the witnesses), how you and your advisor will work together during the hearing, and any other options that may be available.
The live hearing is like a miniature trial. It involves both parties meeting with the decision-maker(s) and other university personnel in a virtual space. The parties will read opening and closing statements, and the decision-maker(s) will question the parties and the witnesses. In most cases, the parties’ advisors are also allowed to cross-examine witnesses and the other party. Depending on the circumstances, the hearing may also involve live objections by the participants (usually the advisors or the decision-maker), the presentation of evidence, and some negotiation regarding how to best proceed. The assistance of an independent, professional advisor is vital to making the most of the hearing and avoiding critical mistakes.The school will issue an initial decision (or “written determination”) that states whether they find you not responsible (“not guilty”) or responsible (“guilty”) and whether any sanctions (punishments) were issued. The written determination should also include an explanation for its conclusions. Depending on the nature of the school’s decision, it will likely help to meet with your advisor to discuss why the school made its decision and what your options are going forward.
The parties usually have an opportunity to appeal the decision, but appeals must be done carefully or they will fail, since most schools tend to favor affirming the initial decision. If you succeed in the initial decision, your accuser may appeal. You will then have the opportunity to file a response to the appeal as well. After the Appeal Officer issues a decision, the case is usually concluded. In rare cases, the case is sent back (“remanded”) to an earlier stage for the limited purposes of correcting a deficiency. The case may then be decided anew.
Federal regulations provide six conditions under which schools may or must dismiss a formal complaint. When it makes sense, your advisor can help you draft a written request to dismiss the complaint. Be aware that even if the situation technically allows the school to dismiss the formal complaint, such a dismissal can have unintended consequences. Your advisor can help you assess the situation and make a decision.
Sometimes, there is good reason to believe that the accused student is a victim under university policy. Filing cross-complaints can be risky, however, because universities tend to suspect they are filed as a means of retaliation. Your advisor will help you determine whether a cross-complaint makes sense, and if so, how to best proceed.During informal resolution (also sometimes called alternative or adaptive resolution), the parties exchange terms that – if agreed upon by the parties and the school – will close out the complaint. Informal resolution is an optional, voluntary process, not a right or entitlement, and the process varies depending on the school.
The evidence response phase is usually the best time to assess whether informal resolution is a viable way to close out the complaint because we tend to learn both how strong the complainant’s case is, what their motivations are, and what informal resolution terms they may be receptive to.
Disabilities can substantially impact how investigators and decision-makers assess evidence and your credibility, and they can impact what can be accomplished in the timeframes allotted by the school. If you have a disability, you should let your advisor know as soon as possible. Your advisor can help you develop and implement a proactive approach that mitigates disability issues.
At the beginning of the case, schools tend to issue no-contact orders (or “no-contact directives”) that create separation between the parties. These NCOs help stabilize the case, but their terms can sometimes be unfair. An advisor can help you request amendments to the NCO.
These proceedings tend to cause a lot of stress and take a lot of time. You may have the opportunity to request accommodations that make it easier for you to progress academically or that improve your well-being in other ways. An advisor can help give you a sense of your options and help you draft and submit any requests.
In some cases, schools remove accused students from campus grounds. The removed student will have the opportunity to appeal the removal. An advisor can assist you with crafting written appeals and/or making your appeal over a virtual meeting.
When a report has been made to the school alleging that you have committed misconduct but before a formal complaint has been signed and a formal investigation initiated, your rights exist in a gray area where schools have broad discretion. Strategically managing your communication regarding the allegations and gathering and preserving evidence are key during this phase. We can help.
How We Help
Our work as your advisor will help you understand the process, make your case favorably, avoid missteps, and work toward achieving a positive outcome. By browsing the tabs below, you will find a detailed description of the work we perform in the average case. Please note that the actual work performed will vary based on your specific case. If you have any questions about the service, please contact us. Click on a tab to learn more.
While the word “investigation” is sometimes used to refer to the entire process, it technically refers to the evidence-gathering phase. The general progression of this stage is for us to address any urgent and immediate concerns, set up your overall defense strategy, and prepared you as much as possible before you appear for an interview, submit evidence, or identify witnesses. Click each section below to learn more.
Many schools invite respondents to “intake” meetings where they discuss the process and certain options. It is best for an advisor to both prep you for how to navigate this meeting and attend the meeting with you. Depending on the school and the administrator, your advisor may be able to take a more active role in negotiating certain accommodations for you or clarifying your options in the process. It helps to know what to ask, and how!
If an investigator or Title IX Coordinator is biased or has a conflict of interest, they could permanently damage the case. It is a standard procedure for Title IX for All to review all Title IX Coordinators and investigators assigned to their clients’ cases using a proprietary checklist we have developed from reviewing 15+ years of accused student litigation and years of advising accused students. Usually, there is an opportunity to challenge an investigator’s assignment to the case. If such a challenge is necessary, your advisor can help you draft a written challenge. Reviewing these personnel may also yield other helpful information, such as anticipating:
- An investigator’s questioning style or techniques, or anything distinctive regarding how they draft and revise investigation reports or gather evidence that could impact the client
- Anything distinctive to an individual Title IX Coordinator’s decision-making process or behavior that could impact the client
In Title IX matters, sexual misconduct grievance procedures have mostly been standardized across the country by federal regulation. But it is common for state laws and school policies to add (or sometimes illegally subtract) from the rights both parties are afforded. Schools also have broad discretion in certain areas, and it is helpful to know this upfront so that planning your overall strategy is much easier.There are many types of evidence that can be gathered, and it is not always apparent what evidence is available or may be helpful. Shortly after setting up a new client, we ask clients to send us any evidence they have so that we can assess what evidence is best to submit, what else may be obtained, and get an early sense of the strengths and weaknesses of the case so that we can advise appropriately in the upcoming Initial Strategy Meeting and going forward.
You and your advisor meet to go over the strengths and weaknesses of the case, discuss the evidence and potential witnesses in greater detail, and plan out the overall strategy for the case. This meeting also involves your advisor asking questions that an investigator is likely to ask, effectively making this meeting good practice for the upcoming interview with the investigator.
Your advisor meets with you virtually and trains you on specific techniques you can use during the interview, what to do if the investigator uses unfair interview techniques, and how your advisor will help you during the interview, and how you can both work together during the interview.
Your advisor participates during the interview as much as university policy and the law allows. You can request a break at any time to speak with your advisor who will then assist you with questioning. Your advisor may also communicate with you in other ways, or with investigators, to ensure the process is fair. Your advisor will also memorialize the proceedings by taking extensive notes on what is said so that you have an independent record to compare to your on-the-record statements.
It is not uncommon for investigators to request a follow-up interview after they interview more witnesses, but appearing for a second interview might not always be in your best interests. If you appear for a follow-up interview, you may need additional preparation. At minimum, your advisor will be available to assist you during the interview.
Your advisor will help you prepare the evidence for submission. This includes formatting the evidence in ways that are easy for school personnel to review, sort, and reference them. Your advisor will also prepare a document that summarizes and explains the relevance of the evidence with the goal of persuading the investigator to include the evidence in the case record and summarize its relevance in investigation reports.
It is not always apparent who can serve as a supportive witness. Who would be a good “fact witness”? Do you need a “character witness”? Should they be interviewed or provide a written statement? How should you approach these witnesses to avoid the university suspecting you are engaging in “witness tampering”? Your advisor will help with all of these concerns.
Once the investigator has finished gathering evidence, both parties will receive all of the evidence and see – for the first time – all of the evidence everyone else has submitted. Your advisor will analyze the newly-received evidence and produce a report for you that:
- Breaks down how the case record can be used both for or against you going forward
- Any deficiencies in the investigation or the case record
- Any additional evidence we can gather
- Any additional witnesses we can identify
- Any requests we can make of the investigator to gather additional evidence
- Any material that would especially useful during the hearing or the response to the final report
- Any broader strategic changes based on the evidence analysis
- Anything else that is relevant
Once you receive the evidence the investigator has gathered, you will have a limited time to respond to it in writing. Your advisor can assist you in writing the response. Ideally, your response will take advantage of the opportunities identified in the advisor’s evidence analysis report.
Much of this phase consists of preparing for and participating in the hearing. In lower education, hearings are not usually held, and a different questioning phase occurs instead.
This is the final opportunity to make written arguments and responses regarding the case. The length and scope of your response will vary substantially depending on your specific case. Here as well, your advisor can help.If a decision-maker is biased or has a conflict of interest, they could permanently damage the case. It is a standard procedure for Title IX for All to review the decision-maker(s) using a proprietary checklist we have developed from reviewing 15+ years of accused student litigation and years of advising accused students. Usually, there is an opportunity to challenge the decision-maker’s assignment to the case. If such a challenge is necessary, your advisor can help you draft a written challenge.
Reviewing the decision-maker may also reveal useful information about their behavior or decision-making process, especially regarding what they believe constitutes relevant evidence or the weight they assign to certain types of evidence.
In higher ed Title IX grievance procedures, the parties are usually afforded a set amount of time to read opening and closing statements aloud and in the presence of the decision-maker. Each statement serves a different purpose. What you say, and how, should be tailored around the case record, your hearing strategy (including cross-examination), and (when possible) any special knowledge you or your advisor may have about the decision-maker. Your advisor can help you draft each statement.
Mitigation statements ask the decision-maker(s) to issue a reduced sanction (punishment) in the event that you are found responsible (guilty). For respondents, impact statements tend to address the impact that the grievance process and other participants’ behavior have had on you. When you can submit these statements varies sharply by the school. We help our clients draft and submit them.
These meetings are usually held within ten days of the hearing. In a pre-hearing meeting, you will have the opportunity to meet the decision-maker or another administrator who will discuss hearing logistics with you and your advisor. It is also a good time to ask what options or accommodations may be available that you can take advantage of. Lean heavily on your advisor here; in many cases, you have to know what specific options to ask for to take advantage of them.
Within ten days of the hearing, it is good to meet with your advisor to discuss how a hearing is different from an interview with an investigator, how to respond during cross-examination, you and your advisor’s cross-examination strategy (questions posed to your accuser and the witnesses), how you and your advisor will work together during the hearing, and any other options that may be available.
The live hearing is like a miniature trial. It involves both parties meeting with the decision-maker(s) and other university personnel in a virtual space. The parties will read opening and closing statements, and the decision-maker(s) will question the parties and the witnesses. In most cases, the parties’ advisors are also allowed to cross-examine witnesses and the other party. Depending on the circumstances, the hearing may also involve live objections by the participants (usually the advisors or the decision-maker), the presentation of evidence, and some negotiation regarding how to best proceed. The assistance of an independent, professional advisor is vital to making the most of the hearing and avoiding critical mistakes.The school will issue an initial decision (or “written determination”) that states whether they find you not responsible (“not guilty”) or responsible (“guilty”) and whether any sanctions (punishments) were issued. The written determination should also include an explanation for its conclusions. Depending on the nature of the school’s decision, it will likely help to meet with your advisor to discuss why the school made its decision and what your options are going forward.
The parties usually have an opportunity to appeal the decision, but appeals must be done carefully or they will fail, since most schools tend to favor affirming the initial decision. If you succeed in the initial decision, your accuser may appeal. You will then have the opportunity to file a response to the appeal as well. After the Appeal Officer issues a decision, the case is usually concluded. In rare cases, the case is sent back (“remanded”) to an earlier stage for the limited purposes of correcting a deficiency. The case may then be decided anew.
Federal regulations provide six conditions under which schools may or must dismiss a formal complaint. When it makes sense, your advisor can help you draft a written request to dismiss the complaint. Be aware that even if the situation technically allows the school to dismiss the formal complaint, such a dismissal can have unintended consequences. Your advisor can help you assess the situation and make a decision.
Sometimes, there is good reason to believe that the accused student is a victim under university policy. Filing cross-complaints can be risky, however, because universities tend to suspect they are filed as a means of retaliation. Your advisor will help you determine whether a cross-complaint makes sense, and if so, how to best proceed.During informal resolution (also sometimes called alternative or adaptive resolution), the parties exchange terms that – if agreed upon by the parties and the school – will close out the complaint. Informal resolution is an optional, voluntary process, not a right or entitlement, and the process varies depending on the school.
The evidence response phase is usually the best time to assess whether informal resolution is a viable way to close out the complaint because we tend to learn both how strong the complainant’s case is, what their motivations are, and what informal resolution terms they may be receptive to.
Disabilities can substantially impact how investigators and decision-makers assess evidence and your credibility, and they can impact what can be accomplished in the timeframes allotted by the school. If you have a disability, you should let your advisor know as soon as possible. Your advisor can help you develop and implement a proactive approach that mitigates disability issues.
At the beginning of the case, schools tend to issue no-contact orders (or “no-contact directives”) that create separation between the parties. These NCOs help stabilize the case, but their terms can sometimes be unfair. An advisor can help you request amendments to the NCO.
These proceedings tend to cause a lot of stress and take a lot of time. You may have the opportunity to request accommodations that make it easier for you to progress academically or that improve your well-being in other ways. An advisor can help give you a sense of your options and help you draft and submit any requests.
In some cases, schools remove accused students from campus grounds. The removed student will have the opportunity to appeal the removal. An advisor can assist you with crafting written appeals and/or making your appeal over a virtual meeting.
When a report has been made to the school alleging that you have committed misconduct but before a formal complaint has been signed and a formal investigation initiated, your rights exist in a gray area where schools have broad discretion. Strategically managing your communication regarding the allegations and gathering and preserving evidence are key during this phase. We can help.
Testimonials
Thank you for all your help in the process. Your assistance and knowledge of the matter was invaluable. Please know that you have helped me also in being able to enjoy my time again now that this seems to have begun to pass.
An accused student at a university in North Carolina
Jonathan Taylor provided excellent assistance for my son during a Title IX investigation. He was knowledgeable, strategic, and steadfast throughout the process. His professionalism and calm guidance gave our family confidence, and we ultimately prevailed. I would highly recommend his services to anyone facing a Title IX matter.
The father of an accused middle school student in Arizona
This was entirely new terrain for us, and having him guide us through it was invaluable. He was patient in helping us understand the Title IX landscape. My only regret is not bringing him in sooner.
The mother of an accused university student in Pennsylvania
I can’t be more grateful for Jonathan’s support. He was instrumental in helping me navigate the nuances of policy language and showed me how to construct arguments effectively. He identified critical dimensions of the case that I never would have thought of on my own. Given the lasting implications of a Title IX matter, I would highly recommend Jonathan’s services to anyone in a similar situation.
An accused university student in Illinois
This was a long-enduring 8-month process where the district dragged their feet at every turn, but if we hadn’t found Jonathan to steer us with clear, strategic advice from our very first consultation, I couldn’t imagine where my son would be now.
The father of an accused high school student in California
I am grateful for the guidance and support he provided and would strongly recommend him to anyone navigating the Title IX process. I know my case was a very difficult one and he helped me navigate this process, which provided an outcome that allowed me to remain in my graduate professional program.
An accused university student in the Western United States
When I found Jonathan and spoke with him over the phone, he seemed to have an immediate understanding and offered lots of great advice and insight. He was very thorough and organized and in our meetings and correspondences he was thoughtful and understanding of the sensitive nature of these types of events. We got through it and I honestly don’t think anyone could have done a better job for us.
The father of an accused university student in Utah
Testimonials
Thank you for all your help in the process. Your assistance and knowledge of the matter was invaluable. Please know that you have helped me also in being able to enjoy my time again now that this seems to have begun to pass.
An accused student at a university in North Carolina
Jonathan Taylor provided excellent assistance for my son during a Title IX investigation. He was knowledgeable, strategic, and steadfast throughout the process. His professionalism and calm guidance gave our family confidence, and we ultimately prevailed. I would highly recommend his services to anyone facing a Title IX matter.
The father of an accused middle school student in Arizona
This was entirely new terrain for us, and having him guide us through it was invaluable. He was patient in helping us understand the Title IX landscape. My only regret is not bringing him in sooner.
The mother of an accused university student in Pennsylvania
I can’t be more grateful for Jonathan’s support. He was instrumental in helping me navigate the nuances of policy language and showed me how to construct arguments effectively. He identified critical dimensions of the case that I never would have thought of on my own. Given the lasting implications of a Title IX matter, I would highly recommend Jonathan’s services to anyone in a similar situation.
An accused university student in Illinois
This was a long-enduring 8-month process where the district dragged their feet at every turn, but if we hadn’t found Jonathan to steer us with clear, strategic advice from our very first consultation, I couldn’t imagine where my son would be now.
The father of an accused high school student in California
I am grateful for the guidance and support he provided and would strongly recommend him to anyone navigating the Title IX process. I know my case was a very difficult one and he helped me navigate this process, which provided an outcome that allowed me to remain in my graduate professional program.
An accused university student in the Western United States
When I found Jonathan and spoke with him over the phone, he seemed to have an immediate understanding and offered lots of great advice and insight. He was very thorough and organized and in our meetings and correspondences he was thoughtful and understanding of the sensitive nature of these types of events. We got through it and I honestly don’t think anyone could have done a better job for us.
The father of an accused university student in Utah
Thank you for all your help in the process. Your assistance and knowledge of the matter was invaluable. Please know that you have helped me also in being able to enjoy my time again now that this seems to have begun to pass.
An accused student at a university in North Carolina
Jonathan Taylor provided excellent assistance for my son during a Title IX investigation. He was knowledgeable, strategic, and steadfast throughout the process. His professionalism and calm guidance gave our family confidence, and we ultimately prevailed. I would highly recommend his services to anyone facing a Title IX matter.
The father of an accused middle school student in Arizona
This was entirely new terrain for us, and having him guide us through it was invaluable. He was patient in helping us understand the Title IX landscape. My only regret is not bringing him in sooner.
The mother of an accused university student in Pennsylvania
I can’t be more grateful for Jonathan’s support. He was instrumental in helping me navigate the nuances of policy language and showed me how to construct arguments effectively. He identified critical dimensions of the case that I never would have thought of on my own. Given the lasting implications of a Title IX matter, I would highly recommend Jonathan’s services to anyone in a similar situation.
An accused university student in Illinois
This was a long-enduring 8-month process where the district dragged their feet at every turn, but if we hadn’t found Jonathan to steer us with clear, strategic advice from our very first consultation, I couldn’t imagine where my son would be now.
The father of an accused high school student in California
I am grateful for the guidance and support he provided and would strongly recommend him to anyone navigating the Title IX process. I know my case was a very difficult one and he helped me navigate this process, which provided an outcome that allowed me to remain in my graduate professional program.
An accused university student in the Western United States
When I found Jonathan and spoke with him over the phone, he seemed to have an immediate understanding and offered lots of great advice and insight. He was very thorough and organized and in our meetings and correspondences he was thoughtful and understanding of the sensitive nature of these types of events. We got through it and I honestly don’t think anyone could have done a better job for us.
The father of an accused university student in Utah
Meet Your Advisor
Meet Your Advisor
A former higher ed instructor, Jonathan Taylor has been working with students, faculty, parents, and education professionals on Title IX grievance procedures for fifteen years. He is the founder of Title IX for All and the creator of its databases on accused student litigation and complaints to the Department of Education’s Office for Civil Rights. He is also an advocate for fair procedures, having presented as a keynote speaker at conferences across the United States and at hearings before the Department of Education and other federal agencies on emerging Title IX regulations. His work has been quoted by media across the political spectrum, cited in legal filings and law review journals, and praised by legal professionals and clients alike.
More often than not, Jonathan’s advisory work has contributed to a positive outcome for his clients, such as schools dismissing the allegations against them, finding them not guilty (“not responsible”) or reducing excessive punishments (“sanctions”). Clients value Jonathan’s strategic thinking, knowledge of Title IX matters, resourcefulness, professionalism, and understanding for their situation. In addition to the above, Jonathan values being a “steady hand at the wheel” throughout the proceedings and relieving his clients of as much anxiety and stress as possible.
A former higher ed instructor, Jonathan Taylor has been working with students, faculty, parents, and education professionals on Title IX grievance procedures for fifteen years. He is the founder of Title IX for All and the creator of its databases on accused student litigation and complaints to the Department of Education’s Office for Civil Rights. He is also an advocate for fair procedures, having presented as a keynote speaker at conferences across the United States and at hearings before the Department of Education and other federal agencies on emerging Title IX regulations. His work has been quoted by media across the political spectrum, cited in legal filings and law review journals, and praised by legal professionals and clients alike.
More often than not, Jonathan’s advisory work has contributed to a positive outcome for his clients, such as schools dismissing the allegations against them, finding them not guilty (“not responsible”) or reducing excessive punishments (“sanctions”). Clients value Jonathan’s strategic thinking, knowledge of Title IX matters, resourcefulness, professionalism, and understanding for their situation. In addition to the above, Jonathan values being a “steady hand at the wheel” throughout the proceedings and relieving his clients of as much anxiety and stress as possible.
Meet Your Advisor
A former higher ed instructor, 
More often than not, Jonathan’s advisory work has contributed to a positive outcome for his clients, such as schools dismissing the allegations against them, finding them not guilty (“not responsible”) or reducing excessive punishments (“sanctions”). Clients value Jonathan’s strategic thinking, knowledge of Title IX matters, resourcefulness, professionalism, and understanding for their situation. In addition to the above, Jonathan values being a “steady hand at the wheel” throughout the proceedings and relieving his clients of as much anxiety and stress as possible.