What to Do if Accused of Title IX Misconduct

What to Expect from a Title IX Misconduct Allegation

Title IX, a federal law implemented in 1972, prohibits sex discrimination in any educational program or activity that receives federal financial assistance. Although Title IX is best known for its impact on athletics, it also addresses sexual harassment, sexual assault, and other forms of gender discrimination. 

In recent years, there has been a significant increase in the number of Title IX investigations in colleges and universities across the country.

However, the procedures that schools follow when addressing these claims can vary dramatically. If you’ve been accused of Title IX misconduct, it’s important to understand your rights and options. As an attorney specializing in Title IX defense, I’m here to guide you through the steps you should consider following an accusation.

  1. Don’t Panic. Being accused of Title IX misconduct can be scary and stressful, but it’s important not to panic. Panicking can lead to rash decisions that may not be in your best interest. Remember that an accusation is not a verdict; it’s the beginning of a process.
  2. Understand the Title IX Procedures. Every educational institution should have Title IX procedures outlined. Familiarize yourself with them. The procedures should outline what happens once a complaint is made, what the investigation process looks like, and how decisions are made. The U.S. Department of Education’s website has a comprehensive guide on the Title IX process.
  3. Seek Legal Advice. Consider seeking advice from a lawyer who specializes in Title IX cases. An attorney can help you navigate through the process, help you understand your rights, and represent you during hearings or appeals. Remember, this is not just about the immediate outcome, but also about your future. Visit our website at www.botsfordroark.com for more information on how we can assist you.
  4. Prepare Your Statement. It is crucial to present a coherent, organized, and factual account of events. Your attorney can help you prepare your statement and ensure it addresses all relevant aspects of the accusation.
  5. Gather Evidence. Evidence is key in any Title IX case. This could be text messages, emails, photographs, or witness accounts that support your version of events. Ensure that you retain any potential evidence and share it with your attorney.
  6. Attend All Required Meetings and Hearings. Failing to attend meetings and hearings can be perceived negatively and could harm your case. Your attorney can provide guidance on what to expect during these sessions.
  7. Be Respectful. It is essential to maintain respect for all parties involved throughout the process, including the accuser, the institution’s staff, and anyone else involved. Disrespect can damage your reputation and hinder your case.
  8. Appeal If Necessary. If the decision doesn’t go in your favor, remember that you have the right to appeal. An experienced attorney can guide you through the appeal process.
  9. Consider Mediation. Some institutions offer mediation as an option. This can be a less adversarial way to resolve the issue. Discuss this option with your attorney to see if it might be appropriate in your case.


Title IX misconduct accusations are serious and can significantly impact your life. Therefore, it’s crucial to approach the process with care and diligence. If you need help navigating a Title IX case, reach out to us at Botsford & Roark. We’re here to protect your rights and ensure you receive a fair process.

Need legal help? Contact us now to get the help you need.

Austin Criminal Defense Attorney Brian Roark

About the Author

Brian Roark is an experienced criminal defense attorney and Title IX lawyer, and former professor of Trial Advocacy at the University of Texas School of Law. He has successfully represented clients in a wide range of criminal cases, including DWIs, drug offenses, and violent crimes. Brian has extensive experience representing clients in university Title IX proceedings, helping students navigate these complex and often stressful processes. He is committed to providing his clients with compassionate and personalized legal representation and has a proven track record of achieving positive results.

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