Miami Title IX Lawyer: A Guide for Accused Students in Miami

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A student searching for a Miami Title IX lawyer needs clear, source-verified answers before responding to a campus notice. Greater Miami and the South Florida metropolitan corridor (spanning Miami-Dade, Broward, and Palm Beach counties) form one of the largest higher education markets in the nation. Anchored by Florida International University (FIU) at the Modesto A. Maidique Campus in West Miami-Dade and the Biscayne Bay Campus in North Miami, alongside Florida Atlantic University (FAU) in Boca Raton, Davie, and Dania Beach, as well as private universities and state colleges across Coral Gables, Miami Shores, and Downtown Miami, well over 150,000 students attend South Florida institutions each semester.

When a student in Miami or South Florida is accused of sexual harassment, sexual assault, dating violence, domestic violence, stalking, or sexual exploitation, the case is governed by federal Title IX regulations, Florida’s statutory student due process mandates (Florida Statute Section 1006.60 and Board of Governors Regulation 6.0105), and campus-specific rules such as FIU Regulation 105 and FAU Policy 1.15 / Regulation 4.007. This city guide explains how those legal frameworks interact and how an attorney-advisor defends students across Miami and South Florida campuses. For foundational Title IX principles, read What is Title IX? and Title IX lawyers by state. For statewide Florida coverage, visit the Florida Title IX lawyer hub. The primary rules and procedures referenced in this guide are published in Florida Board of Governors Regulation 6.0105: Student Conduct and Discipline and Florida International University Regulation 105: Sexual Harassment (Title IX) and Sexual Misconduct.

Colleges and Universities in the Miami and South Florida Area

Students in the Miami-Fort Lauderdale-West Palm Beach corridor frequently live off campus, commute along I-95 or the Palmetto Expressway, or interact socially with students from neighboring South Florida campuses.

| Institution | Main South Florida Locations | Governing Conduct & Title IX Office | Dedicated Campus Guide |
| — | — | — | — |
| Florida International University (FIU) | Modesto A. Maidique Campus (Miami, FL) and Biscayne Bay Campus (North Miami, FL) | Office of Civil Rights Compliance and Accessibility (CRCA) and Student Conduct and Academic Integrity (SCAI), FIU Regulation 105 | FIU Title IX Lawyer Guide |
| Florida Atlantic University (FAU) | "777 Glades Road Boca Raton, FL 33431" plus Davie, Dania Beach, and Fort Lauderdale campuses | Office of Civil Rights and Title IX (OCR9) and Dean of Students / Office of Student Conduct and Conflict Resolution, Policy 1.15 & Regulation 4.007 | FAU Title IX Lawyer Guide |
| State University System of Florida & Florida College System | Statewide Florida Public Institutions | Governed by Florida Statute Section 1006.60 and BOG Regulation 6.0105 | Florida Title IX Lawyer Hub |

For detailed campus walkthroughs, consult our FIU Title IX lawyer guide and our FAU Title IX lawyer guide.

How Florida Law Shapes Campus Discipline in Miami

Public universities and Florida College System institutions in Miami-Dade, Broward, and Palm Beach counties are bound by Florida Statute Section 1006.60 ("Codes of conduct; disciplinary measures; rules or regulations") and, for State University System members such as FIU and FAU, Florida Board of Governors Regulation 6.0105 ("6.0105 Student Conduct and Discipline").

Statutory Due Process Rights Under Florida Statute Section 1006.60

Florida Statute Section 1006.60(3) requires every public university and state college code of conduct in Florida to "protect the rights of all students, and, at minimum, provide the following due process protections to students and student organizations":

  • 7-Business-Day Written Notice Rule: Under Section 1006.60(3)(a)(1)-(2), the written notice of an alleged violation "must include the allegations to be investigated; the citation to the specific provision of the code of conduct at issue; the process to be used in determining whether a violation has occurred and associated rights; and the date, time, and location of the disciplinary proceeding." Furthermore, "The written notice is considered timely if it is provided at least 7 business days before the disciplinary proceeding and may be provided by delivery to the student’s institutional e-mail address".
  • 5-Business-Day Disclosure of Witnesses and Inculpatory/Exculpatory Evidence: Under Section 1006.60(3)(a)(3), "At least 5 business days before the disciplinary proceeding, the institution or university must provide the student or student organization with: a. A listing of all known witnesses who have provided, or will provide, information against the student or student organization. b. All known information relating to the allegation, including inculpatory and exculpatory information."
  • Presumption That No Violation Occurred and Preponderance Burden: Under Section 1006.60(3)(b), every student has "The right to a presumption that no violation occurred. The institution has the burden to prove, by a preponderance of the evidence, that a violation has taken place. Preponderance of the evidence means that the information presented supports the finding that it is more likely than not that the violation of the code of conduct was committed by the student or student organization."
  • Right Against Self-Incrimination and Right to Remain Silent: Under Section 1006.60(3)(d), students hold "The right against self-incrimination and the right to remain silent. Such silence may not be used against the student or student organization."
  • Full Active Participation by an Advisor, Advocate, or Legal Representative: Under Section 1006.60(3)(g), a respondent has "The right to have an advisor, advocate, or legal representative, at the student’s or student organization’s own expense, present at any proceeding, whether formal or informal. Such person may directly participate in all aspects of the proceeding, including the presentation of relevant information and questioning of witnesses."
  • Independent Appellate Review and Official Record: Under Section 1006.60(3)(h)-(i), the student has the right to appeal to the vice president of student affairs or another designated senior administrator who "may not have directly participated in any other proceeding related to the charged violation" and the right to "an accurate and complete record of every disciplinary proceeding relating to the charged violation of the code, including record of any appeal, to be made, preserved, and available for copying upon request by the charged student or student organization."

Florida Board of Governors Regulation 6.0105

For FIU and FAU, Florida Board of Governors Regulation 6.0105(8) layers specific Title IX hearing rules on top of Section 1006.60:

  • Under Regulation 6.0105(8)(b), "All procedures for disciplinary proceedings shall apply equally to the complainant and respondent and must include a live hearing for purposes of determining whether the respondent is responsible or not responsible for the alleged conduct."
  • "Each party may be accompanied by an advisor of their choosing at the live hearing; but must be represented by an advisor for purposes of cross-examination of the other party and witness(es)."
  • "All cross-examination of the parties and witnesses must be conducted directly and orally by a party’s advisor. At the hearing, before a party or witness can respond to a question posed by an advisor, the decision maker(s) must first determine whether the question is relevant, and if not, explain the basis for disallowing the question."
  • Under Regulation 6.0105(8)(g), "The university shall provide the parties at least ten (10) days to review evidence collected during the investigation as set forth in 34 CFR s. 106.45(b)(5)(vi)."

How Campus Policies Compare Across Miami and South Florida Universities

Florida International University (FIU): Regulation 105

At Florida International University in Miami, sexual harassment, sexual assault, dating violence, domestic violence, and stalking allegations are governed by FIU Regulation 105 (Sexual Harassment (Title IX) and Sexual Misconduct) and FIU Regulation 2501 (Student Conduct and Honor Code). For a dedicated guide to FIU, see our FIU Title IX lawyer guide.

Key procedural rules under FIU Regulation 105 include:

  • Definitions of Consent and Incapacitation: FIU Regulation 105 defines consent as "A clear, knowing, and voluntary agreement to engage in specific sexual activity at the time of the activity. Consent can be communicated by words or actions as long as those words or actions create mutually understandable permission regarding willingness to engage in (and the conditions of) sexual activity." It defines incapacitation as "the inability, temporarily or permanently, to give Consent because the individual is mentally and/or physically helpless, or the individual is unconscious, asleep, or otherwise unaware that the sexual activity is occurring."
  • 10-Business-Day Evidence Inspection Window: Before completing the investigative report, FIU’s investigator provides both parties and their advisors access to all evidence directly related to the allegations and gives the parties "ten (10) Business Days to submit a written response. The investigator will consider any written responses prior to completion of the investigative report."
  • Final Investigative Report and Live Hearing: The final investigative report is provided to the parties and their advisors at least 10 business days before the live hearing, where a Hearing Official or Hearing Body presides and each party’s advisor conducts live cross-examination.
  • 7-Business-Day Appeal Window: Under FIU Regulation 105, either party may appeal a written determination or dismissal within "seven (7) Business Days of the date of the Hearing Official or Hearing Body’s written determination and identify the grounds and arguments for challenging the outcome."

Florida Atlantic University (FAU): Policy 1.15 and Regulation 4.007

Across northern Broward and southern Palm Beach counties, Florida Atlantic University (headquartered at "777 Glades Road Boca Raton, FL 33431" with Broward campuses in Davie, Dania Beach, and Fort Lauderdale) investigates and adjudicates Title IX and discrimination complaints through its Office of Civil Rights and Title IX (OCR9) and its Office of Student Conduct and Conflict Resolution under FAU Policy 1.15 (Title IX Sexual Misconduct Policy), Regulation 7.008 (Anti-Discrimination and Anti-Harassment), and Regulation 4.007 (Student Code of Conduct). For full campus details, read our FAU Title IX lawyer guide.

At FAU, OCR9 is responsible for:

  • "Managing the University’s response and support regarding reports and complaints of unlawful discrimination and harassment."
  • "Enforcing the University’s Anti-Discrimination and Anti-Harassment Regulations and Prohibited Discrimination and Harassment Policy."
  • "Investigating complaints of discrimination, discriminatory harassment, sexual misconduct, and retaliation that occur in university programs and activities."

Just like FIU, FAU is bound by Florida Statute Section 1006.60(3) and BOG Regulation 6.0105, meaning students at FAU hold the statutory rights to 7 business days’ written notice before a disciplinary proceeding, 5 business days’ pre-hearing disclosure of all known witnesses and inculpatory/exculpatory evidence, a 10-day evidence review window in Title IX investigations, active participation and witness questioning by a legal representative or advisor, and the presumption that no violation occurred.

Parallel Campus and Criminal Proceedings in Miami-Dade and Broward Counties

In Miami and South Florida, campus allegations can run in parallel with criminal investigations by the FIU Police Department, the FAU Police Department, the Miami-Dade Police Department, the City of Miami Police Department, the Coral Gables Police Department, or the Boca Raton Police Department, with criminal prosecutions handled by the Miami-Dade State Attorney’s Office (Eleventh Judicial Circuit), the Broward State Attorney’s Office (Seventeenth Judicial Circuit), or the Palm Beach County State Attorney’s Office (Fifteenth Judicial Circuit).

Under Florida Board of Governors Regulation 6.0105(4)(h), "The accused student may not be forced to present testimony that is self-incriminating; however, the university is not required to postpone disciplinary proceedings pending the outcome of a criminal prosecution." Because Florida’s broad public records laws and criminal discovery rules allow prosecutors and police detectives to obtain recordings and written statements from public university disciplinary files, invoking and managing your statutory right under Florida Statute Section 1006.60(3)(d) ("The right against self-incrimination and the right to remain silent. Such silence may not be used against the student or student organization.") is vital whenever criminal exposure is possible.

Working With a Title IX Advisor in Miami

Whether your case is at FIU, FAU, or another Miami or South Florida institution, an experienced Title IX defense lawyer serving as your advisor can:

  • Evaluate the Notice of Allegations against Florida Statute Section 1006.60(3), BOG Regulation 6.0105, FIU Regulation 105, or FAU Policy 1.15 and Regulation 4.007;
  • Preserve exculpatory electronic communications, Brickell / Sweetwater / Coral Gables / Boca Raton venue video, rideshare logs, and witness statements;
  • Prepare you for CRCA or OCR9 interviews while protecting your statutory right to remain silent when parallel criminal exposure exists;
  • Draft comprehensive written responses during the 10-business-day evidence inspection window and pre-hearing report review period;
  • Conduct live cross-examination of the complainant and witnesses at a Title IX hearing and directly participate across all aspects of a Florida student conduct proceeding under Section 1006.60(3)(g); and
  • File a timely written appeal within FIU’s 7-business-day appeal window or FAU’s appellate deadline.

For more information on defending campus allegations, review The Title IX Investigation Process, our Title IX Hearing and Appeal Guide, and Accused of Sexual Misconduct on Campus.

Call (888) 299-4878 or use the contact page to request a confidential case review.

Frequently Asked Questions About Miami Title IX Cases

Can my lawyer directly participate and question witnesses at FIU or FAU?

Yes. Under Florida Statute Section 1006.60(3)(g), a student at a Florida public university or state college has the right to have an advisor, advocate, or legal representative present at any formal or informal proceeding who "may directly participate in all aspects of the proceeding, including the presentation of relevant information and questioning of witnesses." In addition, under BOG Regulation 6.0105(8)(b), each party’s advisor conducts live, oral cross-examination at Title IX hearings.

How does FIU Regulation 105 define consent and incapacitation?

FIU Regulation 105 defines consent as "A clear, knowing, and voluntary agreement to engage in specific sexual activity at the time of the activity" communicated by words or actions that create mutually understandable permission. It defines incapacitation as "the inability, temporarily or permanently, to give Consent because the individual is mentally and/or physically helpless, or the individual is unconscious, asleep, or otherwise unaware that the sexual activity is occurring."

What are the evidence review and appeal deadlines at FIU in Miami?

Under FIU Regulation 105, parties have 10 business days ("ten (10) Business Days to submit a written response") to inspect and respond to the directly related evidence before the investigative report is completed, at least 10 business days to review the final investigative report before the hearing, and 7 business days ("seven (7) Business Days of the date of the Hearing Official or Hearing Body’s written determination") to file a written appeal.

What minimum notice and evidence disclosure does Florida Statute Section 1006.60 require?

Florida Statute Section 1006.60(3)(a)(2)-(3) requires public universities and state colleges to provide written notice of the alleged violation at least 7 business days before the disciplinary proceeding and to disclose a listing of all known witnesses against the student and all known inculpatory and exculpatory information at least 5 business days before the proceeding.

Can FIU or FAU use my silence against me if Miami-Dade or Boca Raton police are investigating?

No. Florida Statute Section 1006.60(3)(d) explicitly guarantees students at Florida public universities and colleges "The right against self-incrimination and the right to remain silent. Such silence may not be used against the student or student organization."

More guides for Florida schools: Florida Title IX lawyer guides

Legal Review: Reviewed by Attorney T. Matthews, Esquire

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 any college named on this page. Policies and statutes change, so confirm every deadline against your own notice and the currently posted documents, and with the school’s Title IX office.

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