Indiana State Title IX Lawyer: An Indiana State University Student Respondent Guide

Students who look for an Indiana State Title IX lawyer usually want to know what happens after a notice arrives. This page explains, in general terms, how Indiana State University (ISU) handles a complaint of sexual harassment or sexual misconduct against a student under its posted policy and procedures. Your own notice, and the version of the rules that applies to your case, control the actual deadlines.

Which policy applies

ISU handles these complaints under Policy 923 Non-Discrimination and Anti-Harassment, a Board of Trustees policy that the policy library lists as last updated and last reviewed on July 25, 2025. The investigation steps come from the Interim Policy 923 Complaint Resolution and Investigation Procedures. That document is still labeled "Interim," its pages are dated July 2021, and it is the only procedures file posted with Policy 923, even though the policy was amended after 2021.

Policy 923 sorts sex-based complaints into categories that matter for a student respondent:

• Title IX Sexual Harassment is "conduct on the basis of sex that constitutes quid pro quo harassment, Title IX Hostile Environment Sexual Harassment, sexual assault, domestic violence, dating violence, or stalking and that occurs in the United States and within the University’s Education Programs or Activities."
• Sexual Misconduct is "sexual assault, domestic violence, dating violence, or stalking that occurs off-campus, in a private setting, and/or outside the scope of the University’s Education Programs or Activities."
• Prohibited Harassment covers other harassment based on a protected class, including sexual conduct that falls outside Title IX Sexual Harassment.

For a student respondent, formal complaints of Title IX Sexual Harassment, Prohibited Harassment (sexual), or Sexual Misconduct are decided by a Hearing Panel after a live hearing. Other discrimination complaints are decided by the investigator.

The Code of Student Conduct (Policy 410, with Board-approved changes on June 27, 2025) sends these matters to Policy 923: "Please refer to Policy 923 Non-Discrimination and Anti-Harassment for matters involving discrimination, antisemitism, sexual harassment, sexual misconduct, relationship violence, or stalking." The Code still has its own emergency action, sanction definitions, and appeal rules, described below. The Code cites Indiana Code 21-39-2 as the source of the Board of Trustees’ authority to regulate student conduct.

Which version applies to you

None of these documents says which version applies when the incident happened under one version and the complaint or notice came under another. The procedures also use some older terms, such as "informal resolution" where the current policy says "alternative resolution." The version that applies to you can depend on your incident date and on when the complaint or notice came, so check your notice and confirm with the Office of Equal Opportunity and Title IX.

Report vs. formal complaint

Reports of discrimination or harassment go to the Office of Equal Opportunity and Title IX, in person, by phone or email, or through ISU’s online report form, and ISU employees are expected to report what they learn. After a report, the Title IX Coordinator makes "a continuing assessment" of the type of conduct alleged and which adjudication procedures apply. The Coordinator contacts the complainant, if known, about supportive measures and explains how to file a formal complaint. The procedures say "there is no timeframe for reporting an allegation to ISU."

A formal complaint is "submitted by the Complainant to the Office of Equal Opportunity and Title IX in person, by mail, or by email." It must carry the complainant’s physical or digital signature or otherwise show that the complainant filed it. For Title IX Sexual Harassment, the complainant must be participating or trying to participate in ISU programs or activities when filing. "A Complainant may file a formal complaint of Sexual Misconduct without being a current participant," or attempted participant.

The Coordinator "has discretion to file a formal complaint even if the Complainant chooses not to," but generally tries to respect a complainant’s wish not to file. The policy says the Coordinator files "in limited circumstances involving serious or repeated conduct or where the alleged perpetrator may pose a continuing threat to the University community," and lists factors such as whether a weapon was involved, whether there were multiple assailants, whether the accused is a repeat offender, and whether the incident creates a risk of occurring again. Filing does not make the Coordinator the complainant or put the Coordinator in a position adverse to the respondent.

Early steps after notice

The procedures say the investigator sends both parties a written notice "Within five (5) calendar days of the receipt of a Formal Complaint or as soon as practicable thereafter." The notice includes Policy 923 and the procedures, a copy of the formal complaint, and a statement that "the Respondent is presumed not responsible for the alleged conduct and that a determination of responsibility will not be made until the conclusion of the adjudication and any appeal." It also tells you about your right to an advisor of your choice, your right to inspect and review evidence, and the rules against retaliation and false statements. If ISU decides to investigate allegations materially beyond the first notice, it sends a supplemental written notice.

Other points from the policy and procedures:

• The investigator "will provide sufficient notice to the Respondent and appropriate time to prepare a response before an interview."
• The burden of gathering evidence is on ISU. The policy says "ISU, not the Complainant or Respondent, is responsible for gathering information sufficient to reach a determination that Respondent violated the policy."
• The standard is "preponderance of evidence," meaning ISU decides "whether it is more likely than not that the Respondent violated this policy."
• ISU "will seek have a final determination of formal complaints of discrimination within sixty (60) days." That period "does not include time for appeal," and the investigator may extend it with written notice. It is a school target, not a deadline for you.
• If you believe the investigator has a conflict of interest or bias, raise it promptly. The procedures warn that failing to do so "may result in a waiver of the issue for purposes of any appeal or otherwise."
• ISU’s process is separate from any criminal case. ISU may briefly delay its process at law enforcement’s request, but otherwise proceeds "without regard to the status or outcome of any criminal process."
• Knowingly making a materially false statement during an investigation violates University policy and, for students, is handled under the Code.
• Retaliation is prohibited, and "the University does not retaliate against individuals who refuse to participate."

No captured ISU document defines "day." The procedures state some deadlines in calendar days and one ("ten (10) days") without a unit, while the Code uses business days and working days for its own steps. This page keeps each figure in the words its document uses.

Dismissal

The Coordinator must dismiss a formal complaint of Title IX Sexual Harassment if the conduct would not be Title IX Sexual Harassment even if proved, did not occur in ISU’s Education Programs or Activities, or did not occur against a person in the United States. The parties get written notice and the reason. That dismissal does not always end the case: "If the behavior at issue would still, as alleged, constitute Discrimination, Prohibited Harassment, or Sexual or Gender-Based Misconduct, the allegations will continue to be addressed under this Policy and the applicable adjudication procedures."

The Coordinator may also dismiss a formal complaint if the complainant withdraws it in writing, the respondent is no longer a student or employee, or specific circumstances prevent ISU from gathering enough evidence. For either kind of dismissal, "the parties may appeal that dismissal using the appeal process described in Section 923.11." No posted document gives a deadline for a dismissal appeal, so use the instructions in your dismissal notice.

Investigation and evidence

The investigator gathers "inculpatory and exculpatory evidence" through interviews, written statements, and documents, photos, or video. Meetings may be in person or by video, and "Investigation interviews will be audio-recorded by the Investigator and maintained in the investigation file." You have an equal opportunity to be interviewed and to present witnesses, "including fact and expert witnesses," and other evidence. The investigator may limit witness interviews that would be unreasonably cumulative, that are offered only as character references, or that are about categorically inadmissible matters, but "The Investigator will not restrict the ability of the parties to gather and present relevant evidence on their own."

Evidence rules in the procedures:

• A party’s medical or counseling treatment records and other privileged information are not used without the party’s "voluntary, written consent," unless the party chooses to disclose them to support their own position.
• Questions about the complainant’s sexual predisposition or prior sexual behavior are not relevant, except to show that someone other than the respondent committed the conduct, or to show consent through specific prior incidents with the respondent.

At the end of information gathering, the investigator writes a preliminary investigation report. The report and all evidence directly related to the allegations go to both parties and to the advisor. You may review the evidence only for this process and may not copy it or share it with the public. "Each party will have ten (10) days to review the preliminary investigative report and evidence and submit a written response to the Investigator in the manner directed by the Investigator. Responses must be submitted by the party, not the advisor." The procedures do not say whether these are calendar or business days, so confirm the exact due date with the investigator. You can ask the investigator for an extension, with your reasons; if it is approved, it applies to both parties.

The investigator then issues a Final Report that summarizes the evidence and lists the facts the parties agree and disagree on. After that, no new evidence is collected unless the Coordinator reopens the investigation because of significant concerns about fundamental fairness. In a case headed to a hearing, the Final Report goes to the parties and advisors and "A hearing will be scheduled. (See Hearing Procedures)."

Advisor and hearing

During the investigation. Each party may bring an advisor of their choosing to meetings. "The advisor may be, but is not required to be, an attorney." During the investigation, however, the advisor "is not permitted to participate during the investigation by answering or asking questions, making comments, or discussing the subject of the complaint." The advisor may attend only when you are present, the investigator talks to you rather than your advisor, and a meeting can go ahead even if your advisor is not available. An advisor who materially breaks these rules can be barred, and you may then choose a new one.

At the hearing. Policy 923 sets these hearing principles: "All Complainants and Respondents will be entitled to have an Advisor present during the hearing, and the Advisor will have the opportunity to question witnesses, the investigator, and the other party." You may choose the advisor, or ISU will provide one if you ask. "No party will be allowed to ask questions of any witness, the investigator, or the other party." You may also have a support person, and at any party’s request the hearing can be held in separate areas connected by technology. The hearing principles say the respondent is presumed not responsible "until a determination regarding responsibility is made final." The Hearing Panel decides whether it is more likely than not that the respondent violated the policy, and both parties are notified in writing of the determination and, where appropriate, the disciplinary outcome.

Policy 923 says the Title IX Coordinator will publish Hearing Procedures and Appeal Procedures approved by the President. When this page was checked on September 25, 2026, neither document was linked from the Policy 923 page or the Office of Equal Opportunity and Title IX page. That means the posted documents give no hearing timeline, pre-hearing steps, or rule on what happens if a party does not attend. Ask the Office of Equal Opportunity and Title IX for the Hearing Procedures that will govern your hearing, and rely on your written notices for timing.

Advisor rules in the Code are different. For ordinary Code of Student Conduct cases, the Code gives a "right to an advisor of the student’s choice but not representation by counsel or other advisor," says a University Conduct Advisor must be a member of the University community and may not question witnesses, and allows legal counsel only as "a non-participating observer." Those are Code rules. Policy 923 cases follow Policy 923 and its procedures, so check which process your notice names.

Sanctions

For Title IX Sexual Harassment, "federal law requires the Hearing Panel to include the sanction within its written determination." Student outcomes "may include, but are not limited to, a conduct warning, conduct probation, mandated assessments, educational requirements, and/or temporary or permanent separation from Indiana State University in accordance with the Code of Student Conduct." For Prohibited Harassment (sexual) or Sexual Misconduct cases against students, the policy does not say who sets the sanction, so read your determination closely.

The Code defines the more serious outcomes. Temporary Separation (Suspension) is removal "for a definite period of time (minimum of one semester)" with "a permanent notation on one’s transcript." Permanent Separation (Expulsion) means a student may never reenroll, also with a permanent transcript notation. Other Code outcomes include conduct probation, no contact orders, and bans from areas of campus.

Informal resolution

Policy 923 offers "voluntary alternative resolution," except when a non-student employee is accused of Title IX Sexual Harassment against a student. Under the procedures, informal resolution needs both parties’ agreement, the Coordinator first sends a written notice explaining how it works and what records it creates, and "A party may withdraw their consent to participate in informal resolution at any time before a resolution has been finalized." The Coordinator may still continue an investigation if the conduct alleged is egregious or there is a continued threat.

Supportive measures

The Coordinator "may provide Supportive Measures to either party, regardless of the existence of a formal complaint." Supportive measures are "non-disciplinary, non-punitive individualized services offered, as appropriate, and reasonably available, and without fee or charge." Examples include changing an academic schedule or course delivery method, an escort between classes, withdrawal from a class without penalty, extended deadlines, tutoring, and mutual restrictions on contact between the parties. If a requested measure is not provided, the Coordinator documents why.

Emergency removal

Policy 923 and the procedures let the Coordinator, "in consultation with appropriate university officials," remove a student respondent from an education program or activity, including student employment, on an emergency basis if ISU finds "an immediate threat to the physical health or safety of any student, faculty member, staff member or visitor exists arising from the allegations of sexual harassment." They add: "The Respondent will be given notice and an opportunity to challenge the decision immediately following removal." Neither document gives a day count.

The Code has its own Emergency Action process, run by the Director of the Office of Student Support and Accountability. An Emergency University Separation or Emergency Housing Separation takes effect immediately when the student’s continued presence "poses a substantial and immediate threat to others or to the stability and continuance of University functions." The student gets "a prompt opportunity to appear personally before the Director of SSA or a designee," and "A hearing with the University Conduct Board will be conducted no later than ten (10) business days from the imposition of this action." The documents do not say which process ISU uses in a given Policy 923 case, so follow the steps in your own removal notice and ask for review promptly.

Appeals

ISU’s documents describe two different appeal routes. Check which one your outcome letter names.

Policy 923 appeal. "Either party may appeal the determination to the President on the following grounds":

• "Procedural irregularity that affected the outcome."
• "New evidence, not reasonably available at the time of determination or dismissal was made, that could reasonably affect the outcome."
• "Conflict of interest or bias that affected the outcome of the hearing."

"The President’s decision on the merits of the appeal will be final." The Appeal Procedures that Policy 923 says the Coordinator will publish were not posted with the policy when this page was checked, so there is no published deadline or format for a Policy 923 appeal. Use the deadline and filing instructions in your written determination, and confirm them with the Office of Equal Opportunity and Title IX.

Code of Student Conduct appeal. For findings under the Code, an appeal "must be made in writing within five business days following the date the hearing record notification is assigned, and notice is received by the student." It goes to the Office of the Dean of Students, with a required cover sheet, on two bases: a failure of due process, or significant new evidence that could change the outcome. The Code says a properly filed appeal "suspends the imposition of sanctions until the appeal is decided," unless the student’s presence poses a serious threat, and that the appeal decision is final. Policy 923 does not say whether its own sanctions wait for an appeal.

Do not assume the Code’s five-business-day window applies to a Policy 923 Hearing Panel decision. Use the route and date in your own determination.

FAQ

Can my advisor be a lawyer?
In a Policy 923 case, yes. The procedures say the advisor may be, but does not have to be, an attorney. The advisor may not ask or answer questions during the investigation, but questions witnesses, the investigator, and the other party at the hearing. ISU provides a hearing advisor if you ask.

How long do I have to respond to the evidence?
The procedures give each party "ten (10) days" to review the preliminary investigative report and evidence and respond in writing, and the response must come from you, not your advisor. The unit of days is not stated, so confirm the due date with the investigator.

Is there a hearing in every case?
Student respondents in Title IX Sexual Harassment, Prohibited Harassment (sexual), and Sexual Misconduct cases go to a Hearing Panel after the investigation. Other discrimination complaints are decided by the investigator.

How long do I have to appeal?
Policy 923 appeals go to the President, but no posted document sets the deadline. Use the date in your written determination. The Code’s five-business-day rule is for Code findings.

What if my complaint is dismissed under Title IX?
A Title IX dismissal can still leave the allegations under Policy 923 as another type of prohibited conduct, such as Sexual Misconduct. Either party may appeal a dismissal under Section 923.11.

More guides for Indiana schools: Indiana Title IX lawyer.

Disclaimer

This page is general educational information, not legal advice. Reading it does not create an attorney-client relationship. This site is not affiliated with or endorsed by Indiana State University. Policies change, so confirm every deadline against your own notice and the currently posted documents, and with ISU’s Office of Equal Opportunity and Title IX.

Sources

• Policy 923 Non-Discrimination and Anti-Harassment (ISU Policy Library)
• Interim Policy 923 Complaint Resolution and Investigation Procedures (PDF, July 2021)
• Code of Student Conduct (PDF, 2025)
• Policy 410 Code of Student Conduct (ISU Policy Library)
• ISU Office of Equal Opportunity and Title IX
• ISU Office of Student Support and Accountability
• ISU Policy Library