Whether due to errors, bias, or other reasons, schools can and do make mistakes by wrongly finding accused students responsible for violating their Title IX misconduct policies. These violations can include any of the following:

1. Sexual harassment
2. Sexual assault, often called non-consensual sexual contact
3. Stalking
4. Relationship violence and threats of violence
5. Sexual exploitation

What Are the Consequences of Being Found Responsible for Violating a School’s Title IX Policy?

Students wrongly found responsible can face serious consequences. These can include suspension, expulsion, denial of employment, loss of academic opportunities, denial of occupational licensing, referral for criminal prosecution, or even (if you are an immigrant) loss of immigration status and deportation.

Additionally, an official finding of responsibility (“guilt”) can impact relationships with friends and loved ones. For these reasons, you owe it to yourself to do everything in your power to ensure the best possible outcome.

What Are My Options After Being Found Responsible for Violating a School’s Title IX Policy?

Your options at this point are limited and you will need to act quickly. Your school should have provided you with an opportunity to appeal in the written decision (“determination”). Some provide a very tight window—as short as three business days. If that is the case and you have not yet sought professional help from an advisor, drop everything else that you can and do that now. Check out our advisory services here.

Appealing a School’s Title IX Determination

At minimum, your school should provide the following bases for appeal:

1. Procedural irregularities
2. Bias or conflicts of interest on the part of the investigator(s), decision-maker(s), or Title IX coordinator
3. New evidence that was not reasonably available at the time of the determination

Although appeals are uphill battles, they are not hopeless if you make the most of your time. If the deadline to submit an appeal is especially short—three or so business days—then you should work to secure an advisor that same day if you do not already have one.

Be ready to be available by phone or email if your advisor has a question. Also, be prepared to send him or her the evidence for your case and any communication between you and your school, especially:

• All evidence submitted to the school’s investigator that you have access to, whether that evidence was submitted by you or the complainant
• Any new evidence that you may have discovered since the school’s determination or the morning of the hearing (assuming a hearing took place)
• The notice that the school should have originally sent you notifying you that you have been accused
• Any written responses you or the complainant have made to any evidence or investigation reports
• Any no-contact orders (including amended ones)
• Any written objections you have made at any point in the investigation
• Any recordings you may have of any hearings or meetings

While the deadline to appeal can be tight, schools tend to allow themselves much longer to review an appeal.

What Are the Possible Outcomes of an Appeal?

After reviewing your appeal, the appeal officer(s) may agree with (“affirm”) or disagree with (“reverse”) the school’s determination entirely. If you were found responsible for multiple violations, the school may reverse some and affirm others.

The school may also entirely or partially affirm or reverse the punishment (“sanctions”). Some schools—although this is rare—have even fully affirmed the school’s original decision and increased the sanctions, such as upgrading the sanctions from probation to suspension, or from suspension to expulsion. This is why having an experienced advisor is key.

What Can I Do if I Lose My Appeal?

There are few options at this point, and they usually amount to either filing a lawsuit in court or a complaint with the Department of Education’s Office for Civil Rights (OCR). We cannot advise you on the potential success or strategy of a lawsuit or OCR complaint, but we do have resources available for you. They are:

Accused Students Database

This database is a warehouse of information on lawsuits by accused students and Title IX regulations. Many students and parents have found it helpful. It is the best resource for accessing this kind of information because it is tailored to accused students and costs much less than other databases.

Attorneys Directory

Many attorneys who have litigated cases by accused students do not specialize in Title IX matters. The outcomes of those cases are, on average, much poorer. If you plan to consult with an attorney, you need a Title IX attorney. This directory will help you find and compare attorneys who specialize in Title IX and have litigated on behalf of accused students.

Office for Civil Rights Resolutions Database

Most cases that result in a decision by OCR do not involve student disciplinary matters, but this can still be a helpful resource for seeing how OCR operates. If you would like to file an OCR complaint, here is a quick guide.

Continuing Your Education

You may wish to continue your education elsewhere. Be aware that many schools will not accept students who have a finding of “responsible” for misconduct on their transcript. Some will consider these students, but you will need to make your case. Also, many schools offer remote classes, so you may need to consider a broader geographic area than you originally preferred. Some students have even completed their degrees in another country.

There are specialists who help students continue their education after separation from their college or university. Here are a few:

1. Sam Sneed at williamsneed.com
2. Janet Baker at Guardian College Consulting
3. Hanna Stotland at Kate Stone & University Gurus

A Reminder to Take Care of Yourself

It is common to experience intense emotions after being wrongly found responsible for something horrible. You may have the means of challenging the school in court or through other means. That said, don’t let fighting the school get in the way of taking care of your future and your health. Consider that this may be a good opportunity to:

• Lean more on your supportive relationships, including your parents. This may be a good chance to re-connect with them on one level or another. You will need to “come up for air” and take a break from it all. Set aside some time to do something recreational. If you and your dad both like fishing, hiking, or mountain biking, for example, find a day to go out on the lake or the trail.
• Seek out new social circles and form new friendships. You may have lost some friends along the way, but you can also gain new ones.
• Seek the services of a counselor or therapist. Don’t be afraid to drop them if you suspect they have taken your accuser’s side.
• Focus on productive things you can control, such as hitting the gym and physical fitness.

If you have been wrongly found responsible and need some help with your appeal, consider our advisory services.