Title IX: How a School Sexual Misconduct Case Works

A school sexual misconduct case under Title IX is an administrative process run by the school, not a court case. As of October 2026 it is governed by the federal regulatory text that existed before the Department of Education's 2024 rulemaking: on September 29, 2026 the Department published a final rule, effective the same day, that repealed the 2024 rule and restored the earlier text to the Code of Federal Regulations.^[1]

If you are in immediate danger, call 911. The national sexual assault hotline run by the Rape, Abuse & Incest National Network is 800-656-HOPE (800-656-4673).^[7] Michigan's VOICES4 hotline takes calls and texts at 1-855-864-2374, is confidential, and has advocates available 24/7.^[8]

This page explains which rule applies, what conduct and places the rule covers, and each step from report to appeal, with the rights the regulation gives to both the complainant (the person alleged to have been harmed) and the respondent (the person accused).

Which Title IX regulation is in force in October 2026?

Title IX itself is one sentence of federal statute: no person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving federal financial assistance.^[9] The detailed procedure comes from Department of Education regulations, and those regulations have changed more than once.

• The Department's 2024 rule was vacated in full by final judgments in two federal cases, on January 9, 2025 and February 19, 2025.^[10]
• On January 31, 2025 the Department announced that it would enforce the regulations that existed before the 2024 rule, and a later letter said it would enforce Title IX under the provisions of the 2020 Title IX Rule.^[11]
• On September 29, 2026 the Department published the final rule repealing the 2024 rule and restoring the prior regulatory text, effective that day.^[1]

The 2026 rule did not restore everything. The Department stated that it "does not reinstate a single sentence" of the earlier 34 CFR 106.45(b)(6)(i) that a federal court had vacated in 2021.^[12] That sentence had said that if a party or witness did not submit to cross-examination at the live hearing, the decision-maker must not rely on any statement of that party or witness, and that the decision-maker could not draw an inference about responsibility based solely on a party's or witness's absence from the hearing or refusal to answer questions.^[12] The hearing paragraph as it stands today contains neither of those rules.^[13] The overlap with a criminal investigation is covered in a Title IX case and a criminal case at once.

What conduct and what places does the rule cover?

The regulation has its own definition of "sexual harassment." It means conduct on the basis of sex that is one or more of the following: an employee conditioning an aid, benefit, or service on participation in unwelcome sexual conduct; unwelcome conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the education program or activity; or sexual assault, dating violence, domestic violence, or stalking as defined in federal statutes.^[14]

The regulation does not supply a definition of consent. It states that the Assistant Secretary "will not require recipients to adopt a particular definition of consent with respect to sexual assault."^[14] The definition a school uses is found in that school's own policy.

The process covers locations, events, or circumstances over which the school exercised substantial control over both the respondent and the context, and any building owned or controlled by a student organization that is officially recognized by a postsecondary institution.^[2] If the alleged conduct would not be sexual harassment as defined even if proved, did not occur in the school's program or activity, or did not occur against a person in the United States, the school must dismiss the formal complaint for Title IX purposes, but that dismissal "does not preclude action under another provision of the recipient's code of conduct."^[15]

When does a school have to respond?

A school with actual knowledge of sexual harassment in its education program or activity must respond promptly in a manner that is not deliberately indifferent, which the regulation defines as a response that is clearly unreasonable in light of the known circumstances.^[2] "Actual knowledge" means notice to the Title IX Coordinator or to an official with authority to institute corrective measures or, in an elementary or secondary school, notice to any employee.^[14]

The steps of the grievance process

1. Supportive measures. The school's response must include offering supportive measures to the complainant.^[2] Supportive measures are non-disciplinary, non-punitive individualized services offered without fee to the complainant or the respondent, before or after a formal complaint or where none has been filed; the regulation's examples include counseling, extensions of deadlines, changes to class or work schedules, mutual restrictions on contact, and changes in housing locations.^[14]
2. Written notice of the allegations. On receiving a formal complaint, the school must give the parties notice of the allegations with sufficient details known at the time, including the identities of the parties, the conduct alleged, and the date and location if known, and with sufficient time to prepare a response before any initial interview.^[16]
3. Investigation. The burden of proof and the burden of gathering evidence rest on the school and not on the parties.^[17] The school may not restrict either party's ability to discuss the allegations or to gather and present relevant evidence.^[18]
4. Evidence review. Before the investigative report is completed, the parties must have at least 10 days to submit a written response to the evidence, and the investigative report must be sent to each party and advisor at least 10 days before a hearing or other time of determination.^[19]
5. Hearing or written questions. Colleges and universities must provide a live hearing.^[4] Elementary and secondary schools may, but need not, hold one; with or without a hearing they must let each party submit written, relevant questions for any party or witness, provide the answers, and allow limited follow-up questions.^[20]
6. Written determination. The decision-maker, who cannot be the same person as the Title IX Coordinator or the investigator, must issue a written determination regarding responsibility.^[21]
7. Appeal. Both parties must be offered an appeal on the three grounds described below.^[6]

A school must follow this process before imposing any disciplinary sanction, or any other action that is not a supportive measure, on a respondent.^[2] Its process must include reasonably prompt time frames, with temporary delay or limited extension allowed for good cause and with written notice to both parties of the delay and the reasons.^[22]

What happens at a college live hearing?

At the live hearing, the decision-maker must permit each party's advisor to ask the other party and any witnesses all relevant questions and follow-up questions, including those challenging credibility. Cross-examination must be conducted directly, orally, and in real time by the party's advisor of choice and never by a party personally.^[4]

• If a party does not have an advisor present at the live hearing, the school must provide one without fee or charge, of the school's choice, to conduct cross-examination on that party's behalf.^[4]
• At the request of either party, the hearing must occur with the parties in separate rooms, with technology that lets the decision-maker and parties see and hear the person answering questions.^[4]
• The school must create an audio or audiovisual recording, or transcript, of any live hearing and make it available to the parties for inspection and review.^[4]
• Questions and evidence about the complainant's sexual predisposition or prior sexual behavior are not relevant, unless offered to prove that someone other than the respondent committed the conduct, or unless they concern specific incidents with the respondent and are offered to prove consent.^[4]

That last rule is the Title IX regulation's own provision. The rule that applies in Michigan criminal courts is explained in Michigan's rape-shield law.

Rights the regulation gives both parties

Protection	What the regulation says
Presumption	The process must include a presumption that the respondent is not responsible until a determination is made at the conclusion of the grievance process.[3]
Advisor	Each party may be accompanied to any related meeting or proceeding by an advisor of their choice, who may be an attorney.[5]
Standard of evidence	The school must state whether it uses the preponderance of the evidence standard or the clear and convincing evidence standard and apply the same standard to all formal complaints of sexual harassment.[23]
Treatment records	The school cannot access, consider, disclose, or use a party's treatment records made by a physician, psychiatrist, psychologist, or similar professional unless it obtains that party's voluntary, written consent.[17]
Privilege	The process may not require, allow, rely upon, or use questions or evidence that seek information protected under a legally recognized privilege, unless the holder has waived it.[24]
Retaliation	No school or other person may intimidate, threaten, coerce, or discriminate against an individual because the individual reported, complained, testified, assisted, or participated or refused to participate in an investigation, proceeding, or hearing.[25]

Removal, leave and informal resolution

An emergency removal of a respondent is allowed only if the school undertakes an individualized safety and risk analysis, determines that an immediate threat to the physical health or safety of a student or other individual arising from the allegations justifies removal, and provides the respondent with notice and an opportunity to challenge the decision immediately following the removal.^[26] A non-student employee respondent may be placed on administrative leave while the grievance process is pending.^[27]

A school may not require the parties to participate in an informal resolution process such as mediation, may not offer one unless a formal complaint is filed, and must obtain the parties' voluntary, written consent.^[28] Before agreeing to a resolution, any party has the right to withdraw from the informal process and resume the grievance process, and a school may not offer or facilitate informal resolution of allegations that an employee sexually harassed a student.^[29]

Appeals, records and false statements

The three required appeal grounds are: a procedural irregularity that affected the outcome; new evidence that was not reasonably available at the time of the determination or dismissal and that could affect the outcome; and a conflict of interest or bias on the part of the Title IX Coordinator, investigator, or decision-maker that affected the outcome.^[6]

A school must maintain records of each sexual harassment investigation for seven years, including any determination and any hearing recording or transcript.^[30]

Charging a person with a code-of-conduct violation for making a materially false statement in bad faith during a grievance proceeding is not retaliation, but a determination regarding responsibility, alone, is not sufficient to conclude that any party made a materially false statement in bad faith.^[31]

Related federal and Michigan rules for colleges

Under the federal Clery Act, a college's disciplinary proceeding in cases of sexual assault, dating violence, domestic violence, or stalking must provide a prompt, fair, and impartial investigation and resolution; the accuser and the accused are entitled to the same opportunities to have others present, including an advisor of their choice; and both must be simultaneously informed, in writing, of the outcome.^[32]

Michigan added a criminal provision effective September 27, 2023: a person who intentionally uses a professional position of authority over another person to prevent or attempt to prevent that person from reporting child abuse or criminal sexual conduct to a Title IX coordinator at a postsecondary educational institution is guilty of a misdemeanor punishable by imprisonment for not more than 1 year or a fine of not more than $1,000, or both.^[33]

What people get wrong

"The 2024 rule applies." It was vacated in full in early 2025 and formally repealed from the regulations on September 29, 2026.^[10][1] Descriptions of a college process without a live hearing do not match the text now in force, which says a postsecondary institution's grievance process "must provide for a live hearing."^[4]

"If a party refuses cross-examination, their statements cannot be used, and no inference can be drawn from silence." Both statements come from the one sentence that the 2026 rule did not reinstate.^[12] The hearing paragraph now in force contains neither rule.^[13] A school's own written policy may say more.

"A school no-contact directive is a court order." Mutual restrictions on contact are listed in the regulation as a supportive measure.^[14] A personal protection order is an injunctive order issued by the family division of circuit court.^[34] See personal protection orders for sexual assault.

Students who have received a notice can find the same rights arranged as a checklist in the accused student's Title IX checklist. Discipline under Michigan's school code is covered in K-12 discipline for sexual misconduct, and the routes open to a person deciding whether and where to report are in options for reporting sexual assault.