What if Your Title IX Case is Still Pending Over the Summer?
| | Title IX
Whether you are the respondent accused of a Title IX violation or a complainant pursuing a Title IX complaint to enforce your rights on campus, the process is nerve-wracking and painful. While you want to do everything possible to achieve the right outcome, you also really want the case to be over so you can start rebuilding your life.
So what happens when the case is not resolved by the end of the semester? What if you’re facing a long summer “vacation” or winter break and your Title IX case is still pending? If you are already working with an attorney, this is a good time to consult your legal advisor for guidance and intervention if necessary. If you haven’t yet sought legal counsel, this may be the ideal time to get advice that can help ensure that your side of the story receives fair consideration. It’s not possible to provide concrete legal advice in a blog like this, but here are some factors to keep in mind if your case remains pending over the summer.
Be Prepared for Shifts in the Timeframe
The different environment on a school campus during the summer could drastically impact the timeframe of a Title IX investigation process, or it might have no discernible effect. Staff working on the investigation may put in intense effort to try to complete the process before the end of the semester. Even if the investigation isn’t fully complete, it may be much further along than it would normally be.
Federal regulations require schools to “establish reasonably prompt timeframes” for resolving Title IX complaints, and many Title IX Coordinators adhere to this requirement strictly. Even during the slowest days of summer, staff may rush to complete the process quickly, particularly if someone involved is about to go on vacation or embark on a summer internship. What does this mean for students, faculty, or staff involved in a Title IX proceeding? It means they need to be ready for proceedings to progress quickly, so they are not caught unprepared for the next steps.
At the same time, the factors that could cause a case to speed up might also result in delays. If staff don’t complete matters before someone goes on vacation, they could be put on the back burner to simmer. Or, the investigation might be completed, but the parties involved in adjudication may embark on summer projects they’ve been planning for months.
While the delays can be stressful, they can also work to your advantage. You can use the extra time to continue searching for evidence and to work on building arguments that support your desired outcome.
It is important to remember that even if administrators on campus delay matters, you still need to adhere to any deadlines and requirements assigned to you unless you receive written authorization allowing you to deviate from those specifications. If someone changes a deadline verbally, ask for confirmation in writing to protect yourself. Moreover, if an investigator, administrator, or advisor asks a question or requests information, you must still respond promptly, so be mindful about checking your school email. However, your answer can include a request for more time to prepare your response—after all, you are entitled to take breaks during the summer just like everyone else.
Be Disciplined About Communications
You not only need to ensure that you respond to official communications during the summer, but you also need to be vigilant about avoiding unofficial communications that still have the potential to damage your case. Stay off social media. Don’t talk to friends about the case. You will need a few people you can trust to talk to about the stresses you’re going through, but keep that circle small. Remember that whatever you say can be repeated, taken out of context, and used against you later.
In addition to speaking with your attorney, it can be helpful to speak with a mental health professional. Details you share with these professionals are generally protected by privilege, so you won’t have concerns about your statements being twisted and used against you.
Graduation May Affect the Case
If a party involved in a Title IX proceeding on campus is scheduled to graduate but the case is not resolved, you should not assume that graduation will put an end to the process. The school may decide to dismiss the complaint, but even if it does, the complainant can still appeal that action.
A school could potentially hold back on conferring a student’s degree or certification while the Title IX case remains pending, but unless this is expressly provided for in written school policies, then withholding a certification or degree could be considered imposing disciplinary action prematurely, which is prohibited by Title IX regulations. Schools do have consequences they can impose after a student has graduated. For instance, the disciplinary proceedings may be notated on the student’s transcript or the graduate may be barred from entering campus or participating in alumni events. If policies allow, a school may even be able to initiate proceedings to attempt to revoke a degree.
A knowledgeable Title IX attorney can help you pursue the most advantageous options if graduation could potentially impact your case.
Take Time to Organize
Trying to pursue or defend a Title IX complaint while also satisfying the academic demands of your program is a nearly overwhelming task. The end of the semester provides an opportunity to review and organize all documents and other evidence. This review may help you identify gaps where further investigation could be beneficial. It can also help you see patterns that could be used to build additional arguments to support your case.
Regardless of the Time of Year, the Right Legal Guidance is Critical in a Title IX Case
The outcome of a Title IX case can have a permanent impact on your future, so you owe it to yourself to ensure that your case is investigated fully and your arguments are presented as effectively as possible. In addition, if school procedures are not handled according to the requirements, it is essential to address the issues through an appeal to protect your rights.
An experienced Title IX attorney at Nesenoff & Miltenberg can ensure that every opportunity to achieve your objectives is exploited to the fullest during the Title IX investigation and adjudication process. Our team has been focusing on Title IX issues for decades, and we understand how to succeed in campus proceedings and in court to ensure our client’s rights are upheld under the law.
If you have questions about a Title IX issue or proceeding anywhere in the U.S., we invite you to schedule a confidential consultation by contacting us online or calling us at 212-736-4500.