An FAU Title IX lawyer can help a Florida Atlantic student respondent work the Policy 7.10 grievance process, meet the evidence and hearing notice clocks, and prepare advisor led questioning.
Florida Atlantic runs Title IX through the Office of Civil Rights and Title IX, known as OCR9, under Policy 7.10, effective August 14, 2020 as the renumber of former Policy 1.15. The policy covers sexual harassment in a university program or activity and in the United States, and defines Business Day as Monday through Friday excluding holidays and preponderance as more likely than not. Conduct outside that scope may be referred elsewhere. Hearing background is at how do Title IX hearings work.
Intake: report, five business day assessment, and formal complaint at FAU
Any person may report prohibited conduct in person, online, by mail or email, by phone, through the ethics hotline, or by any means reaching OCR9. Officials with authority to act must promptly report, including K-12 program employees for K-12 students. Reports should include known dates, times, locations, names, and incident details, with privacy protected where possible.
OCR9 assesses jurisdiction plus health, safety, and support needs, attempting intake review in five business days. Where jurisdiction exists, OCR9 sends outreach covering measures, the complaint process, advisor choice including an attorney, victim services, outside options, investigation steps, equitable treatment, retaliation protection, and the proof standard. First steps are at after you have been accused.
A formal complaint signed by the complainant or the OCR9 Executive Director is required for any investigation, with program participation at filing. Related matters may be consolidated. Dismissal may occur for written withdrawal, an unenrolled or unemployed respondent, or insufficient evidence. Mandatory dismissal applies where conduct was outside a university program, outside the United States, or not covered even if proven. OCR9 gives written reasons, notifies the respondent where already informed, advises appeal rights, offers measures, and refers remaining concerns. Withdrawn complaints may return through a new assessment. Student measures may include counseling, no contact directives, exam or course changes, schedule or housing moves, escorts, and emergency removal with an immediate written challenge to the Dean of Students.
Investigation: evidence access with a ten day response window
After a formal complaint, OCR9 sends a written Notice of Investigation with the process, allegations, interview timing, presumption of non responsibility, advisor and evidence rights, and informal options. Updates follow any change. Process detail is at Title IX investigation.
OCR9 interviews parties and witnesses and gathers inculpatory and exculpatory material, with each side able to supply witnesses and evidence.
The fixed review clock is ten days. Each party and advisor receives electronic access to evidence for inspection, then has ten days to file a written response for the investigator to consider before completing the report. Use it to correct errors, supply missing records, propose witnesses, and frame hearing questions. No investigation completion target is stated here because the two official FAU sources conflict on timing units, so rely on your file notices for scheduling.
Informal resolution needs a formal complaint and is barred where a student complainant faces an employee respondent. It requires party consent plus OCR9 approval, may use mediation or restorative practices, and closes the case on those facts once final written terms are signed. Breach may be referred separately. Without agreement, investigation continues to a final report.
Hearing and advisor: notice, pre hearing conference, and advisor questioning
Student respondent reports go to the Dean of Students for action including a hearing. Hearings are live before an officer or panel chosen by the OCR9 Executive Director from inside or outside the university. Advisor guidance is at title-ix-advisor.
Three clocks protect preparation. The Notice of Hearing arrives no less than ten days before the date with allegations, burden, timing, decision maker identity and bias challenge route, advisor rights and free backup, the five day request rule, and privacy terms. The report and all hearing materials arrive at least ten days before hearing. A pre hearing conference convenes no later than two days before hearing to settle procedures, technology, time limits, witnesses, and new evidence requests, with absence no basis for delay. Format detail is at title-ix-disciplinary-hearings.
Each side names a hearing advisor at least five days ahead. Where a side has none, the university supplies one without fee for cross examination. Advisors question directly, orally, and in real time, never the parties. Only relevant questions are allowed with rulings before answers plus reasons for exclusions, and prior history limits apply narrowly. Parties may give brief opening and closing statements up to five minutes each while advisors may not. Separate rooms with live video are available on request, and a recording or transcript is available for review. New evidence is taken only on proof of prior unavailability plus likely effect.
Sanctions and appeal
The Decision Maker, who is neither the OCR9 Executive Director nor the investigator, issues a simultaneous written determination within fifteen business days after hearing absent an extension with notice. Student violations may draw any sanction in Regulation 4.007 Section 14, with all sanctions fair, consistent, protective, and proportionate. Sanction context is at consequences of a Title IX violation.
Either side may appeal a determination or dismissal within five business days through the OCR9 appeal form on grounds of procedural irregularity, new and unavailable evidence, or conflict or bias affecting the outcome. Mere disagreement or outside criminal developments do not control. All sides receive notice, a neutral Appeal Officer with no prior role is selected, sides have five days to support or oppose in writing, and a reasoned decision issues within twenty days with simultaneous notice and no further appeal. Appeals help is at title-ix-appeals.
If your file moves to Regulation 4.007 conduct without Policy 7.10 protections, ask in writing which questioning and evidence rules now apply.
Speak with an FAU Title IX lawyer
FAU cases move from five business day intake through ten day evidence and hearing windows into advisor led questioning and a short appeal clock. Contact us to discuss your notice and options.
Respondent checklist
- Confirm Policy 7.10 jurisdiction versus referral to another rule
- Calendar five business day intake, ten day evidence response, and both ten day hearing windows
- Name your hearing advisor at least five days ahead or request the free backup
- Attend the pre hearing conference set no later than two days before hearing
- File the ten day evidence response correcting errors and proposing witnesses
- Prepare advisor questioning within relevance limits plus short opening and closing
- File any appeal within five days on a listed ground and answer the other side within five days
FAQ
Where do I check a matter at FAU?
OCR9 administers Policy 7.10. Confirm whether a formal complaint exists and get the Notice of Investigation plus updates.
What starts an investigation?
A formal complaint signed by the complainant or the Executive Director, with program participation at filing. Reports alone do not trigger it.
Can I bring a lawyer?
Any advisor of choice may serve, including an attorney. Only advisors conduct hearing cross examination, with a free backup where needed.
What is the main evidence window?
Ten days from inspection to respond before the report is completed, plus report and materials at least ten days before hearing.
What sanctions follow responsibility?
Any sanction in Regulation 4.007 Section 14 by a preponderance, with remedies restoring equal access.
How do I appeal?
File through the OCR9 form within five business days on a listed ground. Sides may respond within five days and a decision issues within twenty days.
Sources (checked 2026-09-22)
- FAU Policy 7.10 Title IX Compliance: effective date, former number, Business Day and preponderance, intake, evidence review, hearing notice, advisor, pre hearing, determination, informal resolution, appeals
- FAU Office of Civil Rights and Title IX: office role, reporting routes, and policy links
- FAU Dean of Students student conduct: student conduct routing for referred matters
- U.S. Department of Education Title IX enforcement directive: 2020 rule posture after January 9 2025 vacatur, stated as federal overlay only
More guides for Florida schools: Florida Title IX lawyer.
Disclaimer
This page is general information only, not legal advice, and reading it creates no attorney-client relationship. It is not affiliated with or endorsed by Florida Atlantic University. Policies change, so confirm the current policy text before acting.
