If you or a family member has received a Title IX notice from Arizona State University, first check which policy ASU named and when each response is due. An ASU Title IX lawyer can review the notice and help you understand the route named in it. This page explains ASU’s published process for formal Title IX sexual harassment complaints. Your notice and the policy version applicable to your case control the next steps.
Which Policy Applies to Your Case
Arizona State University’s Title IX statement points to P20a, the Interim Grievance Process for Formal Complaints of Title IX Sexual Harassment. The live P20a page lists an application and effective date of September 10, 2021. P20a describes itself as the exclusive ASU process for a formal complaint of Title IX sexual harassment that falls within that process’s defined scope.
A separate P20 procedure covers reports under the other policies named in that procedure. Its page says it was revised November 10, 2021. P20a itself notes that conduct may also raise issues under the Student Code of Conduct, ACD 401, or other employee policies, and that those can be addressed outside of or alongside the P20a process. A dismissal under P20a does not automatically end review under a different ASU policy.
Because more than one policy can apply depending on the allegation and the parties involved, do not assume which version governs your situation. Compare the actual notice you received, the date of the alleged incident, and the specific policy language cited in that notice. If you’re unsure, contact us to talk through what your notice says before assuming a deadline or process.
For general background on how Title IX works and what it covers, see what is Title IX.
Report Versus Formal Complaint
Not every report to ASU becomes a formal Title IX complaint. P20a distinguishes between a report made to the university and a signed formal complaint filed with the Title IX Coordinator. The Coordinator may also file a formal complaint under the procedure. Supportive measures can be available to both a complainant and a respondent even before any formal complaint exists. These measures are individualized and non-disciplinary. ASU’s reporting page describes reporting routes and how to reach the Title IX Coordinator’s office. No specific measure is guaranteed; what ASU offers depends on the circumstances.
Early Steps After Notice
Once a formal complaint is confirmed, P20a requires ASU to send written notice to both parties. That notice must include the specific allegations, a statement that the respondent is presumed not responsible until a determination is made, a description of the university’s burden of proof, the preponderance-of-the-evidence standard, and information about choosing an advisor.
This written notice must go out at least three calendar days before any scheduled interview. That three-day period is a notice lead time before an interview, not a general deadline to answer the allegations. If you’ve been asked to attend an interview with less notice than that, or the notice is missing required content, that is worth raising promptly.
If you’re at this stage, after you have been accused covers general considerations for someone who has just learned about a complaint.
Investigation, Evidence, and Report Review
During the investigation, both parties get an equal opportunity to identify witnesses and submit evidence. Before the investigator finishes the investigative report, directly related evidence is sent to both parties for review. From that point, each party has 10 calendar days to submit a written response to that evidence.
This is a separate window from what comes later. After receiving the investigative report, a party may submit a response within five calendar days of receipt. The investigator then makes any needed revisions and finalizes the report. The 10-day evidence-response period and five-day report-response period start from different events.
P20a requires a party and advisor to sign a nondisclosure agreement before receiving access to evidence or the investigative report. More detail on how an investigation typically unfolds is on our Title IX investigation page.
One more timing note: P20a defines "days" as calendar days. If a deadline lands on a weekend or a university holiday, it extends to 5 p.m. of the next non-break business day, and academic-calendar breaks don’t count toward the calendar-day total. Because this depends on ASU’s specific academic calendar and the wording of your notice, confirm your due date and submission method with ASU in writing.
Advisor and Hearing
Every party may bring an advisor of choice. That advisor can be an attorney, but doesn’t have to be. The advisor may attend meetings with the party, though the advisor does not participate directly in investigative interviews.
Before a live hearing, ASU must send a hearing notice no less than 20 calendar days before the hearing takes place. At the hearing, cross-examination questions are posed by the advisor or by an ASU-provided Hearing Attendant, never by a party personally. The university describes the Hearing Attendant’s role as conducting cross-examination on that party’s behalf, not as general representation.
Supportive Measures
As noted above, supportive measures under P20a §II are available to both complainants and respondents, and they can apply whether or not a formal complaint has been filed. These are non-punitive measures tailored to the situation. They are not findings of responsibility or fault for either party. What is actually available depends on individual circumstances, so don’t assume a particular measure applies until you’ve confirmed it with the university.
Emergency Removal Challenges Versus Appeals
An emergency removal challenge and an appeal of a case decision have different triggers and deadlines.
Emergency removal. P20a allows ASU to remove a student on an emergency basis after an individualized assessment of immediate threat. If this happens, the student receives notice and a right to challenge the removal. That challenge must be made no later than five calendar days following the effective date of the removal.
Appeal of a decision. After a written determination or dismissal notice is issued, either party may file an appeal or a statement supporting or challenging that decision. This must happen within 15 calendar days after the decision is issued. Grounds for appeal under P20a §IV.F include a procedural irregularity that affected the outcome, new evidence not reasonably available at the time of the decision that could affect the outcome, excessive severity of the sanction, a decision not reasonably justified by the evidence or contrary to law, and conflict of interest or bias that affected the outcome. Disagreement alone is not a listed ground.
A dismissal of a formal complaint under P20a can be mandatory (for specified scope reasons) or discretionary depending on the circumstances. A dismissal is not a finding that the alleged conduct did not happen. The dismissal notice must state ASU’s reasons and appeal rights. For more on how appeals generally work, see Title IX appeals.
Frequently Asked Questions
Does the 2021 effective date mean P20a covers my 2026 case?
Not necessarily. The effective date tells you when the policy version took effect, not that it automatically governs every later complaint. Check your specific notice against the policy in effect for your situation.
Can my advisor be a lawyer?
Yes. P20a allows an advisor of choice, which can be an attorney, though an advisor is not required to be one.
Who asks cross-examination questions at the hearing?
Your advisor or an ASU-provided Hearing Attendant asks cross-examination questions. A party does not personally cross-examine the other party or witnesses. You may still be asked to answer questions.
What if my deadline falls on a weekend or holiday?
P20a extends the deadline to 5 p.m. of the next non-break business day, and breaks in the academic calendar don’t count toward the calendar-day total. Confirm your exact due date with ASU in writing.
Is a dismissal the same as a finding of no misconduct?
No. A dismissal under P20a ends that specific process for stated reasons. It does not mean ASU found that the alleged conduct did not occur. Other ASU policies could still apply.
What’s the difference between challenging an emergency removal and filing an appeal?
An emergency removal challenge has its own 5-calendar-day window tied to the removal’s effective date. An appeal of a final decision has a separate 15-calendar-day window tied to when the decision is issued. They have different starting events.
More guides for Arizona schools: Arizona Title IX lawyer.
Disclaimer
This page is for general education and is not legal advice. Title IX Defense Group is not affiliated with, endorsed by, or sponsored by Arizona State University. Reading this page does not create an attorney-client relationship. Review your notice and applicable policy version carefully. Do not delay a response while seeking guidance.
If you want to talk through your specific situation, contact us.
