If you are a student looking for a Bowling Green State Title IX lawyer after being named in a report or formal complaint at Bowling Green State University (BGSU), this page explains how BGSU’s published process works for a student respondent. It is general information drawn from BGSU’s official policies and procedures. It is not legal advice, and this page is not affiliated with or endorsed by Bowling Green State University. The deadlines in your own notice control.
Which Policy Applies
BGSU uses two related processes for sexual misconduct allegations against students.
Title IX track. This track is governed by University Policy 3341-2-41, Title IX Sexual Harassment Policy, last amended August 28, 2025, together with the Title IX Sexual Harassment Grievance Procedures, which are also reproduced on the Title IX at BGSU page. It covers sexual harassment, sexual assault, stalking, dating violence and domestic violence as the policy defines them.
- The hostile-environment form of harassment must be "so severe, pervasive, and objectively offensive" that it denies equal access.
- The policy reaches conduct on campus and in buildings owned or controlled by a Registered Student Organization.
- It also reaches off-campus conduct, including online conduct, in the United States that is connected with a BGSU education program or activity or where BGSU had substantial control over the respondent and the setting.
Code of Student Conduct track. University Policy 3341-2-28, Code of Student Conduct handles "Non-Title IX Sexual Misconduct." That means alleged conduct outside the Title IX policy’s definitions or jurisdiction, including matters referred after a Title IX dismissal.
All reports of sexual harassment, sexual assault, stalking, dating violence or domestic violence involving students go first to the Title IX Coordinator. The Coordinator decides whether the Title IX policy covers them.
A conflicting older page. BGSU’s Campus Security Report page, Process Involving Students, was last updated September 19, 2022. It describes a hearing panel, calendar-day deadlines, and different offices for appeals. The current Grievance Procedures linked from BGSU’s Title IX pages use business days, a single decision maker, and appeals filed with the Title IX Coordinator. Where the two differ, follow the deadline and instructions in your own written notice, and ask the Title IX Office if they are unclear. Which version of the policy and procedures applies can also depend on the date of the incident and the date of your notice.
Report vs. Formal Complaint
Anyone may make a report. After a report, the Title IX Coordinator contacts the complainant about supportive measures, which are available whether or not a formal complaint is filed.
A formal complaint is a document filed by the complainant alleging sexual harassment and asking BGSU to investigate. It must state that the complainant is participating or attempting to participate in a BGSU education program or activity. The Coordinator may sign a formal complaint over the complainant’s wishes if that is "not clearly unreasonable" in light of the known circumstances, or if it is needed for health and safety. The formal complaint starts the investigation and hearing process.
Informal resolution is voluntary. The Title IX Coordinator decides whether to offer it and may decline. Either party may withdraw before agreeing to a resolution. A signed agreement is binding and ends the formal process on the same allegations. Informal resolution involves no disciplinary action, and it does not appear on the respondent’s transcript or disciplinary record. BGSU aims to finish it within 30 calendar days of the written request. If informal resolution ends without agreement, BGSU says it will not use party admissions from that process in a later formal process on the same allegations.
Early Steps After Notice
After a formal complaint is filed, BGSU sends written notice to the known parties. The notice must include:
- the allegations, sent "in sufficient time to allow the respondent to prepare a response before any initial interview";
- information about the formal and informal processes;
- a statement that the respondent is presumed not responsible;
- a statement that each party may have an advisor, who may be an attorney;
- a statement that each party may inspect evidence directly related to the allegations.
No specific number of days is set for this notice, or for notices of later interviews and meetings, beyond sufficient time to prepare.
Parties may choose whether to take part in the investigation. If a party declines, BGSU may continue and make findings on the available evidence.
Dismissal. The Coordinator may dismiss a complaint, or any allegation in it, in three situations: the complainant withdraws in writing, the respondent is no longer enrolled or employed, or the university cannot gather enough evidence. The complaint will be dismissed for Title IX purposes if the conduct would not be Prohibited Conduct even if proved, did not occur in a BGSU program or activity, or did not occur against a person in the United States. A dismissal may be referred to the Office of the Dean of Students under the Code.
Investigation and Evidence
The investigation, from the investigator’s notice to the respondent to the final report, "typically should not exceed ninety business days." If that target will be exceeded, both parties are told in writing. BGSU defines a business day as Monday through Friday, excluding recognized university holidays and approved breaks.
- The investigator shares a preliminary report together with the evidence directly related to the allegations. Each party has ten business days from the date the preliminary report is shared to submit a written response.
- If new information leads to a revised preliminary report, the parties get two business days to review and comment.
- The final investigation report, with the investigator’s findings and rationale, goes to both parties at least ten business days before a scheduled hearing.
These periods come from the current Grievance Procedures. The older Campus Security Report page counts the same steps in calendar days, for example ten calendar days to respond to the preliminary report, so use the dates in your own notice.
The standard is preponderance of the evidence, and the respondent is presumed not responsible. Some evidence is excluded regardless of relevance: privileged information, treatment records used without written consent, and most evidence about the complainant’s sexual history, subject to two narrow exceptions.
Advisor Role and Hearing
Each party may have one advisor of their choice, who may be an attorney. BGSU does not pay advisor fees. During interviews and meetings, the advisor may attend and give support but may not actively participate or act as a proxy. Meetings and the hearing will not be postponed to fit an advisor’s schedule.
A live hearing before a single decision maker determines responsibility, unless the complaint is dismissed, resolved informally, or the respondent accepts responsibility. Participants may appear virtually, and the hearing is audio-recorded. The current Grievance Procedures set this hearing timeline; the older Campus Security Report page states these periods in calendar days, so use the dates in your hearing notice:
- The hearing cannot be set sooner than ten business days after the final investigation report was sent to each party and advisor.
- Written hearing notice comes at least five business days before the hearing. It sets the date for submitting witness lists, documents, impact or mitigation statements, your advisor’s name, and any request to disqualify the decision maker for bias or conflict of interest.
- The hearing packet comes at least three business days before the hearing.
- The written determination goes to both parties simultaneously within five business days of the conclusion of the hearing.
At the hearing, each party’s advisor asks the other party and witnesses all relevant questions directly, orally and in real time. A party never cross-examines anyone personally. If your chosen advisor is not present, BGSU provides one without charge to conduct cross-examination for you.
The decision maker must rule on whether each question is relevant before it is answered. If a party or witness does not submit to cross-examination, the decision maker must not rely on their statements. The only exception is a respondent’s admission. You may speak or remain silent, and no inference may be drawn solely from a party’s absence or refusal to answer.
If BGSU uses legal counsel to present its case, the hearing notice will say so, and the respondent may also present through legal counsel.
Possible student sanctions include:
- expulsion or suspension, each with a permanent transcript notation;
- withholding or revoking a degree;
- conduct probation;
- no-contact directives;
- removal from courses or activities;
- restitution;
- housing changes;
- educational sanctions;
- employment restrictions.
Supportive Measures
Supportive measures are non-disciplinary and free. They are available to a respondent or a complainant, before or after a formal complaint, or with no complaint at all. Examples include counseling, deadline extensions, schedule changes, campus escorts, mutual restrictions on contact, and housing changes. They do not mean BGSU has made any decision about the merits, and either party may meet with the Title IX Coordinator about them.
Emergency removal. BGSU may remove a respondent on an emergency basis after an individualized safety and risk analysis finds an immediate threat to physical health or safety arising from the allegations. The respondent receives "notice and an opportunity to challenge the decision immediately following the removal." No filing deadline is stated. BGSU also reserves authority to suspend under Ohio Revised Code § 3345.22.
Under the Code of Student Conduct, most interim actions can be challenged in writing to the Dean of Students within three days of being imposed. The exception is no-contact directives from the Dean of Students’ office. A student placed on interim suspension may petition for reinstatement within three days. The Code counts days as business days when the university is open.
Appeals
Title IX track. Either party may appeal a dismissal, and a hearing determination may be appealed, on four grounds:
- a procedural irregularity that affected the outcome;
- new evidence not reasonably available earlier that could affect the outcome;
- a conflict of interest of the Title IX Coordinator, investigator or decision maker;
- bias that affected the outcome.
The appeal deadlines are:
- Dismissal appeal: written notice to the Title IX Coordinator within five business days of the date the written notice of dismissal is provided.
- Hearing-determination appeal: written notice to the Title IX Coordinator within five business days of the date the written determination is provided to the parties.
- The other party has three business days to respond.
- The appellate officer "will seek to complete the review within ten business days" after receiving all appeal documents.
The appeal is limited to the grounds raised and is not a rehearing. The appellate officer may affirm, send the matter back, or modify the sanction, and the decision is final. The procedures introduce the hearing-appeal right with the words "When a hearing determination has been made against a respondent." Read the appeal instructions in your own determination closely.
The older Campus Security Report page lists five calendar days to appeal, calendar-day periods for the response and the review, and different offices for these appeals. Follow the deadline and recipient stated in your written determination or dismissal notice.
Code track. For Non-Title IX Sexual Misconduct resolved by an administrative hearing, the appeal goes to the Dean of Students within five days of the date the outcome was emailed to the respondent, counting business days. The grounds are:
- a procedural or substantive error that significantly affected the outcome;
- new evidence;
- a substantially disproportionate sanction.
Code sanctions are held in abeyance while an appeal is pending, though interim measures may be imposed. Under the Code, advisors may not speak or participate in the hearing.
FAQs
Which process will my case follow?
The Title IX Coordinator decides whether the allegations fall under Policy 3341-2-41. Conduct outside that policy’s definitions or jurisdiction may go to the Code of Student Conduct as Non-Title IX Sexual Misconduct.
Do I have to participate in the investigation?
Participation is a choice. If a party declines, BGSU may continue the investigation and make findings on the available evidence.
Can my advisor be a lawyer?
Yes. Under the Title IX procedures, an attorney may serve as your advisor and would conduct your cross-examination at the hearing. BGSU does not pay advisor fees.
How long do I have to respond to the preliminary investigation report?
Ten business days from the date it is shared, under the current Grievance Procedures. The older Campus Security Report page says ten calendar days. Use the deadline in your own notice.
How long do I have to appeal?
The current Grievance Procedures say five business days from the date the dismissal notice or written determination is provided. An older BGSU page says five calendar days. Use the deadline in your own notice.
Does informal resolution go on my record?
No. BGSU says informal resolution involves no disciplinary action and will not appear on a respondent’s transcript or disciplinary record.
More guides for Ohio schools: Ohio Title IX lawyer.
Disclaimer
This page is general educational information based on Bowling Green State University’s publicly posted policies and procedures as of September 25, 2026. It is not legal advice and does not create an attorney-client relationship. This page is not affiliated with, endorsed by, or sponsored by Bowling Green State University. Policies change, so confirm current requirements with BGSU’s Office of Title IX and follow the notice you received.
