Minnesota State Title IX Lawyer: System Process Explained

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Students and parents who search for a Minnesota State Title IX lawyer usually want to know what happens after a sexual misconduct notice arrives. This page explains, in general terms, the system process that Minnesota State colleges and universities apply to sexual misconduct complaints against students. Your own notice, and the version of the procedure that applies to your case, control the actual deadlines.

Which policy governs a Minnesota State sexual misconduct case

The two main documents

Sexual misconduct is governed by two system documents: Board Policy 1B.3 Sexual Misconduct Policy and System Procedure 1B.3.1 Response to Sexual Misconduct.

There is no separate Title IX-only grievance process. Policy 1B.3 treats Title IX sexual harassment as one part of a wider group of conduct. The group also includes sexual assault, non-forcible sex acts, dating, intimate partner and relationship violence, stalking, sexual exploitation, and aiding acts of sexual misconduct. Procedure 1B.3.1 is the process for all of it, and it says it “provides guidelines for implementing the Title IX regulations for discrimination based on sex”.

When another procedure may be used

Conduct that does not meet the policy definitions, or falls outside the procedure’s jurisdiction, may go through System Procedure 1B.1.1 Investigation and Resolution “or other disciplinary procedures for students and employees”. Procedure 1B.1.1 also has its own section for sexual harassment complaints against student respondents. That section says the Title IX Coordinator oversees those complaints and may also evaluate them under Policy 1B.3 and Procedure 1B.3.1.

The Title IX Coordinator decides which process is used in each complaint. Under Procedure 1B.3.1, the Coordinator considers the complexity of the allegations, the number and relationship of the people involved, and other relevant factors. The Coordinator also checks whether the complaint meets the policy definitions, involves the college’s education program or activity, and occurred in the United States.

Which version applies

Procedure 1B.3.1 was amended on August 11, 2025, when the hearing process was moved away from an administrative law judge to the college or university. It was amended again on May 27, 2026. Policy 1B.3 was last amended on June 18, 2025. Procedure 1B.1.1 also lists a May 27, 2026 amendment, and Operating Instruction 1B.3.1.1 lists a May 7, 2026 amendment.

None of these documents says which version governs incidents or complaints that began before an amendment. The version that applies to you can therefore depend on the date of your notice or the date of the incident. Ask your campus Title IX office which version applies to you.

How each campus applies the process

Each college or university has a Title IX Coordinator designated by its president, and the campus office applies the system procedure. At Minnesota State Mankato, that is the Office of Equal Opportunity and Title IX (EOTIX). At St. Cloud State, it is the Office for Institutional Equity & Access (OEA). Campus documents sometimes describe the process or its deadlines differently from the system procedure. Read your campus page on this site and your own notice, and confirm any difference with your campus office.

Reports and formal complaints

A report gives the college notice of an allegation. It lets the Title IX Coordinator offer information, resources and supportive measures. A formal complaint is a document filed by a complainant, or signed by the Title IX Coordinator, that alleges sexual misconduct or retaliation against a respondent and asks the college to investigate. When it is filed, the complainant must be participating, or trying to participate, in the college’s education program or activity. Someone may make a report first and decide later to file a formal complaint.

Making a report does not require the person to start the process. But the Title IX Coordinator “may determine that there is a responsibility to move forward with the process (even without the participation of the complainant)”.

There is no reporting deadline. Complainants “may report incidents at any time”, although the procedure strongly encourages prompt reports to preserve evidence. Every college has an online option for anonymous reports. An anonymous report limits what the college can do, and “only formal complaints are guaranteed the process outlined in this procedure”.

Knowingly giving false information in a report or investigation may lead to discipline or, in some circumstances, legal action. But “Complaints of conduct that are found not to violate policy are not assumed to be false”.

Early steps after a formal complaint

After the formal complaint is documented, the Title IX Coordinator gives both parties a notice of allegations and investigation. The procedure sets no number of days for this notice.

At first contact, the respondent is told in writing about the existence and general nature of the complaint and the provisions of the sexual misconduct policy. This includes the complainant’s name. At the initial meeting, the Title IX Coordinator must:

  • give the respondent the policy and procedure, or a link to them;
  • give the respondent enough information to respond to the substance of the complaint, within data privacy laws;
  • explain that the respondent may give a written response in addition to being interviewed;
  • tell the respondent about the right to an advisor at investigative interviews;
  • discuss supportive measures and the rules against retaliation;
  • explain the presumption that the respondent is not responsible, because a determination is made only at the end of the process.

The standard of proof is a preponderance of the evidence, “meaning that it is more likely than not that the policy, procedure, or code has been violated”.

The procedure sets no fixed length for an investigation. Colleges must finish the investigation and issue a written response in a timely manner unless reasonable cause for delay exists. Examples of reasonable cause include the absence of a party, advisor or witness, concurrent law enforcement activity, and the need for language assistance or disability accommodation. The Title IX Coordinator must notify both parties if the written response is not expected to be timely.

Dismissal and dismissal appeals

The college must dismiss a formal complaint in three situations:

  • the conduct alleged would not be sexual misconduct under Policy 1B.3 even if proved;
  • the conduct did not occur in the college’s education program or activity;
  • the conduct did not occur against a person in the United States.

The Title IX Coordinator may also dismiss a complaint, or parts of it, at any time during the investigation or hearing in three situations:

  • the complainant withdraws it in writing;
  • the respondent is no longer enrolled or employed by the college;
  • specific circumstances prevent the college from gathering enough evidence to reach a determination.

The Coordinator may refer a dismissed matter to another college process. Both parties must be promptly notified of any dismissal.

Either party may appeal a dismissal. Under Procedure 1B.3.1, “All dismissal appeal requests must be filed within three (3) business days of the notification of the dismissal decision”. The appeal must name at least one ground and give reasons or evidence. The other party and the Title IX Coordinator then have three (3) business days to respond, and the request goes to the president or designee. Use the deadline in your own dismissal notice and confirm it with your campus Title IX office.

Investigation and evidence

The investigator, who may also be the Title IX Coordinator, interviews the parties and witnesses. The investigator must objectively evaluate all relevant evidence, both inculpatory and exculpatory. The investigator may not consider or ask about the complainant’s sexual predisposition. The investigator also may not use information protected by a legal privilege unless the person holding the privilege has waived it. Both parties may suggest witnesses.

Interviews are recorded, transcribed or summarized. Each party may ask to review their own interview, and may then suggest additional questions or witnesses. Unauthorized audio or video recording of investigation meetings is not permitted. Under Operating Instruction 1B.3.1.1, people interviewed are asked to verify the accuracy of the record. If they do not respond within the time set for verification, challenges to the accuracy of the record are treated as waived.

Three separate timing rules

Procedure 1B.3.1 contains three timing rules. They use different units and are triggered by different events, so they are not one clock.

  • Before the investigation report is completed, both parties and their advisors receive the evidence to inspect and review. Each party “must have at least ten (10) business days to submit a written response to the evidence”.
  • The investigator then writes a report and sends it to each party and advisor “at least ten (10) calendar days prior to a formal hearing” for review and written response. The procedure does not state a deadline for that response.
  • Before the hearing, the final investigation report and the relevant evidence go to the decision-maker, the parties and the advisors “at least ten (10) business days in advance of the hearing”.

Use the periods in your own notice and confirm them with your campus Title IX office.

Past sexual history, alcohol and drugs

The procedure says the past sexual history of the complainant and the respondent “must be deemed irrelevant except when that history may directly relate to the incident being considered”. It also says a respondent’s use of any drug, including alcohol, that is judged to be related to an offense may be considered “an exacerbating, rather than mitigating circumstance”.

Your advisor

Under Procedure 1B.3.1, a student complainant and a student respondent have the same opportunity to bring an advisor of their choice to any interview or hearing. Operating Instruction 1B.3.1.1 adds more detail:

  • A party may choose not to have an advisor in the early stages, but “Each must have an advisor during the live hearing process”.
  • If a party has no advisor for the hearing, the Title IX Coordinator will appoint “a trained advisor for the limited purpose of conducting any questioning of the parties and witnesses”.
  • If one party has an attorney as advisor and the other does not, the college is “not obligated to provide an attorney”.
  • Advisors may not testify or speak for the party unless given specific permission.
  • The Title IX Coordinator may limit how far an advisor takes part in the hearing, and Title IX personnel may restrict the role of an advisor who does not respect confidentiality.
  • Advisors are expected to keep information confidential, and parties are asked to sign releases so Title IX personnel can share materials with the advisor.

The hearing

Whether you need to request one

Procedure 1B.3.1 describes formal resolution as an investigation followed by “a live hearing with questioning of both parties”. Its jurisdiction section also tells the Title IX Coordinator to determine, when the respondent is a student, whether either party has “requested a live hearing to be held”.

Procedure 1B.1.1, in its section on sexual harassment complaints against student respondents, gives each party “five (5) business days” after notification and issuance of the final investigation report to request a formal hearing. It says that if either party asks, Minnesota State holds a formal hearing under the hearing process in Procedure 1B.3.1. If neither party asks, the formal decision process in Procedure 1B.1.1 is followed, and the decision-maker proceeds to a decision. Ask your campus Title IX office promptly whether a hearing request is needed in your case.

How the hearing works

The Title IX Coordinator selects a decision-maker who has been trained by the system office. The decision-maker presides as hearing administrator and decides whether the policy was violated and what discipline applies. Pre-hearing meetings are offered to the parties and their advisors. The hearing is a live meeting, in person or by video, and the decision-maker and both parties must be able to see and hear whoever is speaking. Hearings are recorded, and a party may request a copy afterward. Requests for disability accommodations or interpretation should go to the Title IX Coordinator at least three (3) business days before the hearing, if possible.

The advisors question the other party and the witnesses directly, orally and in real time, “never by a party personally”. The decision-maker may also ask separate questions. Before anyone answers, the decision-maker must rule on whether the question is relevant and must explain any decision to exclude it. Questions and evidence about the complainant’s sexual predisposition or sexual history are not relevant, with two exceptions:

  • they are offered to prove that someone other than the respondent committed the conduct;
  • they concern specific prior sexual behavior with the respondent and are offered to prove consent.

The decision-maker may consider reliable, relevant statements from people who were not at the hearing, or who refused to answer a question. But the decision-maker may not draw an inference about responsibility based solely on a person’s absence or refusal to answer.

The written determination

The decision-maker applies the preponderance standard, decides on discipline if the policy was violated, and issues a written determination. The determination includes findings of fact, conclusions, the reasons for the result on each allegation, and the bases for appeal. Procedure 1B.3.1 states no deadline for the written determination. The Title IX Coordinator or designee must tell both parties, no later than 24 hours before a decision is rendered, when the outcome will be released. Both parties receive it at the same time. Operating Instruction 1B.3.1.1 adds that delivery should not be at the end of the day or on a weekend or holiday.

Sanctions and informal resolution

If a violation is found, sanctions can go up to and including suspension or expulsion. They are decided case by case, based on the severity of the conduct, the student’s previous disciplinary history and other appropriate factors.

The Title IX Coordinator may offer informal resolution after a formal complaint is filed and both parties have received a notice of allegations. Both parties must consent voluntarily and in writing. Either party may withdraw before agreeing to a resolution and return to the formal process. The procedure sets no time limits for informal resolution.

Supportive measures and summary suspension

Supportive measures

Supportive measures are “Non-disciplinary, non-punitive individualized services” offered, as appropriate and reasonably available, without fee to the complainant or the respondent. They may be offered before or after a formal complaint, or where none was filed. Examples in Procedure 1B.3.1 include counseling, deadline extensions and other course adjustments, schedule changes, campus escorts, mutual no-contact restrictions, changes in work or housing, and leaves of absence. The Title IX Coordinator is responsible for coordinating them.

Summary suspension

Under Procedure 1B.3.1, the president or designee may summarily suspend a student at any point in the process, but only in accordance with Board Policy 3.6 Student Conduct and its system procedures. During the suspension the student may not enter campus or take part in college activities without prior permission. Other temporary measures may be used instead of suspension.

System Procedure 3.6.1 Student Conduct says a summary suspension may be imposed “only when” the student’s presence on campus would be “a threat to the safety and well-being of members of the campus community”. To the greatest extent possible, the student must first get oral or written notice and a chance to argue against it. Written notice of the suspension must follow.

The three documents set different clocks, and each should be read as stated:

  • Procedure 1B.3.1 says the complaint process should be completed within the shortest reasonable time, “not to exceed nine (9) school or business days”.
  • Procedure 3.6.1 says the student must be given a meeting with the administrator or a student conduct hearing within the shortest reasonable time, “not to exceed nine (9) school or business days”. This is a meeting or hearing, not completion of the whole process.
  • Procedure 1B.1.1 says that if the process has not been completed “within ten (10) days”, the president or designee must reevaluate whether the suspension stays in place. It does not say whether those are calendar, school or business days.

Follow the steps in your own suspension notice and confirm them with your campus Title IX office.

Appeals

Either party may appeal the decision-maker’s decision. Under Procedure 1B.3.1, an appeal “must be filed in writing with the president or designee within ten (10) business days after notification of the decision”. It must name at least one ground and give reasons or evidence. The grounds are:

  • procedural irregularity that affected the outcome or decision;
  • new evidence that was not reasonably available at the time and could affect the outcome;
  • a conflict of interest or bias by the Title IX Coordinator or decision-maker that affected the outcome.

Procedure 1B.1.1 has its own appeal section. It uses the same “ten (10) business days” filing period, says that period may be extended for reasonable cause, and adds a fourth ground: insufficient evidence to support the decision. The grounds available to you can therefore depend on which procedure your case is in.

The president or designee reviews the record, or under Procedure 1B.1.1 the decision and the investigation report. The president or designee then affirms or modifies the decision. The decision on appeal must be made “within a reasonable time”, and the procedures set no fixed number of days. While an appeal is pending, disciplinary action “may be enforced”. When a suspension is for ten (10) days or longer, students must be told of their right to a contested case hearing under Minnesota Statutes Chapter 14. Policy 3.6 says the same for suspensions of 10 days or longer.

Campus pages

More guides for Minnesota schools: Minnesota Title IX lawyer.

FAQ

Do I need a lawyer for a Minnesota State Title IX case?
The procedures do not require one. You may choose an advisor, and an advisor may be an attorney. You must have an advisor at the live hearing. If you have none, the Title IX Coordinator appoints a trained advisor for questioning only, and the college is not obligated to provide an attorney.

Will a criminal case pause my university case?
Usually not. Operating Instruction 1B.3.1.1 says the college “need not, and in most cases should not, delay its proceedings while a parallel legal action is ongoing”. Procedure 1B.1.1 allows a temporary delay if law enforcement asks for one because the campus proceeding may impede a criminal investigation. Procedure 1B.3.1 also lists concurrent law enforcement activity as a possible reasonable cause for delay.

Which campus office handles my case?
The Title IX Coordinator at your own college or university. At Minnesota State Mankato that is EOTIX, and at St. Cloud State it is OEA. Your notice should say who to contact.

What if I disagree with a dismissal?
Either party may appeal a dismissal within three (3) business days of notification, naming at least one ground. Check the deadline in your dismissal notice.

How long do I have to appeal a hearing decision?
Procedures 1B.3.1 and 1B.1.1 both say ten (10) business days after notification of the decision. Procedure 1B.1.1 adds that the period may be extended for reasonable cause. Use the deadline in your own notice and confirm it with your campus Title IX office.

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 Minnesota State or any of its colleges and universities. Policies change, so confirm every deadline against your own notice and the currently posted policies, and with your campus Title IX office.

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