Facing Title IX accusations can be a devastating experience. Concern for your academic future is a natural response. Yet, you don’t have to face this alone. At the Law Offices of Mehdi Essmidi, we know what it takes to work on Title IX cases involving college students. 

Our goal is to provide legal defense and help you understand the process, explore all available options, and work to achieve the best possible outcome for your case. Contact us today for a free consultation.

Title IX Investigations

Title IX is a federal law prohibiting sex-based discrimination in educational institutions receiving federal financial assistance. It covers sexual misconduct, including sexual harassment, sexual assault, and sexual violence.

Title IX rules are handled by schools and do not involve criminal courts. Instead, these cases are administrative and linked to school policies. 

Schools investigate complaints, provide due process, and take action (which can include disciplinary measures like suspension or expulsion) based on the findings.

Title IX procedures can run parallel to criminal cases because some forms of sexual misconduct under Title IX (like rape or assault) are also criminal offenses. However, Title IX investigations are different from criminal investigations, and the standards of proof differ:

• Title IX standard: Most schools use the “preponderance of evidence” standard, meaning that something is “more likely than not” to have occurred.
• Criminal standard: Criminal courts use the “beyond a reasonable doubt” standard, which is much higher.

2025 Changes to Title IX Enforcement: What Students Need to Know

The federal court vacated the 2024 Title IX Rule, meaning that Title IX enforcement has reverted to the 2020 Title IX Rule. This affects key aspects of how schools handle investigations from 2025 on, including:

• Definition of Sexual Harassment – Schools must follow the narrower definition from the 2020 Rule, which requires conduct to be severe, pervasive, and objectively offensive to qualify as harassment.
• Scope of Complaints – Title IX now applies only to misconduct occurring within a school’s programs or activities. Schools are not required to investigate off-campus incidents unless they are directly tied to an official school program.
• Live Hearings & Cross-Examination – Colleges must reinstate live hearings in Title IX cases, giving both parties the right to cross-examine witnesses through an advisor. This ensures due process protections for accused students.
• Burden of Proof & Due Process – Schools can choose between the “preponderance of the evidence” standard or the “clear and convincing evidence” standard, but must apply the same standard in all similar cases. Accused students retain the presumption of innocence and must have access to all evidence before a decision is made.
• Interpretation of Sex Under Title IX – The legal definition of “sex” under Title IX now refers strictly to biological sex (male or female). Schools are no longer required to recognize gender identity and sexual orientation as factors in Title IX discrimination cases.
• Interim Measures & Disciplinary Actions – Schools cannot impose suspensions or other disciplinary actions before a final determination is made. Instead, they must provide supportive measures (counseling, schedule changes) without assuming guilt before an investigation is completed.

If you’re currently involved in a Title IX case, these changes may impact the process and potential outcomes. Staying informed about your rights is crucial to ensuring a fair hearing.

Consequences of Title IX Violations

Facing a Title IX investigation or being found responsible for a Title IX violation can lead to a number of consequences:

Suspension

One of the most common sanctions for Title IX violations is suspension. This can range from a few days to several semesters, depending on the violation. During suspension, students may be barred from campus, their academic progress is likely to be interrupted, and they may lose scholarships or financial aid.

Removal from Specific Programs

Some Title IX violations may result in removal from athletic teams, loss of leadership positions in student organizations, and prohibition from participating in certain campus activities.

Transcript Notations

Many institutions make notations on transcripts for Title IX violations. This can make it difficult to transfer to another school, affect graduate school applications, and impact future employment opportunities.

Loss of Educational Opportunities

A Title IX violation can result in the revocation of scholarships, ineligibility for certain academic programs, and the loss of research or teaching assistant positions.

Expulsion

In severe cases, expulsion may be the chosen sanction, from permanent removal from the institution to losing all credits for the current semester and difficulty gaining admission to other schools.

Civil Lawsuits

In some cases, the complainant files a civil lawsuit against the accused, which can result in monetary damages and legal fees.

Criminal Charges

Depending on the nature of the Title IX violation, parallel criminal investigations may lead to arrest and criminal charges, potential jail time, and a criminal record.

Title IX Sections and Regulations

The law itself (Title IX) is relatively short. Yet, the regulations that implement Title IX, particularly the Department of Education’s Title IX Final Rule (as revised in 2020 and potentially revised further under different administrations), provide guidance for educational institutions on how they must handle sexual misconduct cases. These regulations cover:

Grievance Procedures: Campuses must have a disciplinary policy for formal complaints so that both parties have equal rights during the investigation.

Supportive Measures: Campuses must offer support to both complainants and respondents during and after the investigation (counseling, no-contact orders, adjustments to class schedules).

Live Hearings: 2020 rules introduced the requirement for live hearings with cross-examination by advisors for higher education institutions.

Due Process: Campuses must provide due process protections for accused students, including the right to review evidence, the right to a hearing, and the right to an appeal.

Your Rights During Title IX Proceedings

Right to Notice

Students have the right to receive written notice of the allegations against them in a Title IX complaint. This notice should include details of the alleged incident, specific policies allegedly violated, and information about the investigation process and the parties involved (if known).

Right to an Advisor

One of students’ most basic rights is the right to an advisor. This advisor can be an attorney, and we recommend hiring a lawyer experienced in Title IX cases.  

Right to Present Evidence and Witnesses

Students have the right to present evidence to support their case, suggest witnesses to be interviewed, and review and respond to evidence collected during the investigation.

Right to Cross-Examination

In higher education Title IX hearings, students and their legal representatives can cross-examine the complainant and any witnesses. This is key to ensuring a fair process and challenging inconsistencies. Legal representation during Title IX investigations is crucial to navigate the procedural complexities and protect the rights of the accused.

Right to Equal Treatment

Both the accused and the accuser should be treated equally throughout the process. This includes equal opportunity to present evidence and witnesses, equal access to information about the case, and equal rights to appeal the decision.

Right to a Fair and Impartial Process

The school must ensure that the Title IX process is fair and impartial. This includes using trained investigators and decision-makers, avoiding conflicts of interest, and presuming the accused is not responsible until proven otherwise.

Right to a Prompt Resolution

While transparency is important, students also have the right to a prompt resolution of the case. Unnecessary delays can be stressful and disruptive their education.

Common Title IX Allegations We Defend Against

If you are facing a Title IX allegation, there are specific challenges ahead. Here’s what you need to know about the most common charges:

Sexual Harassment Allegations

Sexual harassment allegations have a broad interpretation under Title IX. What one person might consider a harmless comment or action could be construed as harassment in a Title IX context. 

Sexual Assault Allegations

In sexual assault cases under Title IX, the issue of consent is extremely important. These cases typically involve nuances where alcohol was involved, memories may be unclear, or there are conflicting accounts of what happened.

Dating Violence Allegations

Dating violence allegations can take place from misunderstandings of relationship dynamics. We’ve seen cases where normal relationship disagreements were exaggerated into claims of abuse.

Stalking Allegations

Stalking allegations under Title IX can take place from persistent communication that may have been well-intentioned but was perceived as threatening or harassing. We’ve defended clients by showing that their actions were reasonable given the circumstances or by demonstrating that there was no intention to cause fear or distress.

Our Approach to Title IX Defense

At The Law Offices of Mehdi Essmidi, we know that facing a Title IX investigation or hearing can be a stressful experience for students and their families. Our experienced Title IX attorneys provide a strategic and tailored defense to your unique situation. 

As a former New York City Prosecutor, attorney Essmidi adds invaluable insight into building strong defenses. Here’s what you can expect when you work with us:

• Detailed case analysis
• Protecting your rights throughout the process
• Strategic evidence gathering
• Aggressive cross-examination
• Negotiation and resolution

Sometimes, misunderstandings or out-of-context statements led to serious allegations. Our approach involves an examination of the entire situation, not just isolated incidents. We work to establish the full context of students’ interactions and communications to build a strong defense. 

Contact Us for a Free Consultation

If you are facing Title IX charges, don’t wait to seek legal representation. The earlier we can get involved in a case, the more we can do to protect their rights and future. 

Our student defense attorneys have successfully defended clients by meticulously examining how consent was determined, challenging inconsistencies in the accuser’s story, and presenting evidence that supports our client’s version of events.

We do everything in our power to protect our clients’ academic and professional future. Contact us today for a free consultation.

FAQ: Title IX Defense in New York City

What constitutes a Title IX violation?

Title IX violations can include sexual harassment, sexual assault, gender-based discrimination, and creating a hostile environment based on sex or gender identity. These violations can occur in academic settings, extracurricular activities, or any education program associated with the institution.

Can you have legal representation during a Title IX case?

Yes, you have the right to have an attorney or advisor during Title IX investigations. A NYC Title IX defense attorney can provide crucial guidance and protect your rights throughout the process.

Are Title IX cases the same as criminal cases?

No, Title IX cases are handled by educational institutions and follow different procedures. However, in some situations, the same incident may lead to both a Title IX investigation and criminal charges.

Can I appeal a Title IX decision?

Yes, both parties typically have the right to appeal a Title IX decision. An experienced Title IX attorney can help you with the appeals process and present a strong case on your behalf.

How long does a Title IX investigation typically take?

The duration of a Title IX investigation varies. Institutions are expected to complete the process within a reasonable timeframe, often 60 to 90 days. However, complex cases may take longer.

How can criminal defense lawyers help with Title IX complaints?

Hiring a qualified Title IX lawyer can help ensure a student’s due process rights, give the best chance of avoiding serious consequences, gather evidence and witness statements, and represent them in the investigation process and any disciplinary hearings.