What are the Dos and Don’ts of Title IX? A Title IX Attorney Answers

DO review the Notice of Investigation thoroughly, paying particular attention to the date(s) and potential policy violation(s).

DON’T contact the Complainant. This could expose you to a no-contact order violation and is NEVER a good idea.

DO read your school’s policy, paying particular attention to your school’s Title IX procedures as well as the applicable definitions or descriptions of the alleged policy violations.

DON’T contact witnesses yourself. Have your advisor or private investigator contact witnesses. If you are unable to afford a hired advisor or private investigator and must contact witnesses yourself, DON’T discuss the facts with them. Keep the conversation short and simple, such as “Are you willing to have an appointment with an investigator regarding the facts of [insert date]? Thank you. I will provide the investigator with your contact information.”

DO put together a timeline and evidence packet. This will help you understand the facts as well as how the facts fit together.

DON’T delete or destroy any evidence. Doing so may harm your credibility and prevent you from making your best case.

DO review the 2020 Title IX Regulations, which schools are required to follow (know your rights!).

DON’T apologize. It may sound counterintuitive, but apologies – especially in writing – are never going to help your case. Apologies will be read as admissions of guilt.

DO learn about the available resources at your school for academic accommodations and mental health counseling. Many schools offer the same support for Respondents as they do for Complainants – but unlike Complainants, you may need to ask for it! There are also resources outside your school, such as FACE, SAVE, and FIRE, and of course, mental health counseling.

DO check your school’s policies to see if they allow the option of switching to an informal resolution process. Sending an email to the Title IX Coordinator with an offer that you request be shared with the Complainant may result in resolving your Title IX matter without a hearing.

DON’T go at it alone. This is a serious matter. Hiring an experienced Title IX attorney to be your advisor is the best way to set you on the path to a finding of NOT RESPONSIBLE.