Understanding Title IX Violation Penalties

Students found responsible for Title IX violations face a wide array of penalties, ranging in severity depending upon the nature of the sexual misconduct. Because sanctions for Title IX violations can follow a student throughout the student’s academic career and beyond into the professional realm, it’s important that students work with an experienced Title IX attorney to help protect the student’s rights and help navigate the student through a daunting process.

No Contact Orders

In nearly every case in which there is a finding of responsibility, schools order that a No Contact Order remain in place. A No Contact Order is an administrative directive issued to the Complainant and Respondent prohibiting the parties from having intentional contact with each other. The restriction on intentional contact is broad and limits in person communication, communication through third parties, and communication through all forms of social media. If a student violates a No Contact Order, the student may face additional student discipline proceedings. These proceedings may be handled by either the Title IX office or the school’s Student Conduct office.

Probation

Probation is a notice to a student that the conduct in issue was serious enough that it could jeopardize the student’s enrollment at the college or university. While a student is on probation, a school may require the student to complete additional requirements such as completion of online education modules addressing topics like consent or drug and alcohol abuse. In addition, a student on probation may face a loss of privileges such as holding a leadership position in a student organization or living in student housing. If there are additional Title IX violations or Student Conduct violations, the student will face escalating sanctions.

Suspension

Suspension constitutes the loss of student status for a period of time. During a period of suspension, a student cannot enroll in classes and there may be a hold on the student’s account that restricts the student’s ability to request a transcript. Although not every school notes a suspension on a student’s transcript, many do. At some schools, suspension even includes a restriction on the student entering campus. If the student does enter campus, the student may face trespass charges. In order to return to school following a suspension, schools often require a student to submit a letter explaining what the student has done while away from school and what the student has learned. Schools want to ensure that the student spent the time away from school in a productive manner.

Expulsion

Expulsion is permanent separation from a school for disciplinary reasons. In another article, we’ve explained the differences between expulsion and dismissal. Like suspension, expulsion too is typically reflected on a student’s transcript.

Importance of Legal Representation

We’re often asked what happens if a student graduates prior to a finding of responsibility in a Title IX proceeding. Does the fact that a student graduated limit a school’s ability to impose sanctions on a student for Title IX violations? The short answer is no. In fact, parents and students alike are often shocked to learn that a school can go so far as revoking a graduated student’s degree.

In the event that a student faces a Title IX proceeding, the student should seek legal representation to ensure the student’s rights are fully protected.