This Mississippi State Title IX lawyer guide explains the university’s published process for a student responding to a sexual misconduct complaint. If you have received a written notice, identify the allegations and policy route before using any time period on this page. This is general educational information, not legal advice, and the page is not affiliated with or endorsed by Mississippi State University.
Which Policy Applies to Your Case
Mississippi State has more than one policy that can touch a sexual misconduct allegation. OP 03.04 is the university’s primary sexual misconduct and Title IX policy. It distinguishes between the broader "sexual misconduct" category and the narrower "Title IX Sexual Harassment" category. Some procedural rules differ depending on which category applies to your case, so it matters which one is named in your written notice.
The Code of Student Conduct, OP 91.100, states in its own Procedure §1 that OP 03.04 governs alleged sexual misconduct and controls whenever the two documents differ. Similarly, OP 03.03 (Discrimination, Harassment, and Retaliation), Part VII.2(a), directs sexual misconduct complaints back to OP 03.04.
Because policy language and version dates can change, do not assume the current OP 03.04 text automatically controls your matter. Check the actual date of the incident and the specific written notice you received, and confirm the applicable version and classification with the Title IX Coordinator before relying on any deadline described here.
Report vs. Formal Complaint
A report to the university is not the same thing as a formal complaint. Under OP 03.04 §§ VIII.2–4, it is the filing of a formal complaint that starts the investigation process. The Title IX Coordinator can sign a formal complaint even if the complainant does not.
After a formal complaint is filed, the university provides both parties written notice describing the known allegations, the presumption of non-responsibility, advisor options, evidence inspection, and supportive measures. The Civil Rights Office publishes a blank Notification of Formal Complaint form for respondents. It tells respondents to request an appointed advisor or early evidence review in writing from the Coordinator. The blank form points back to OP 03.04, but your own notice is the document to check for your case.
Early Steps After You Receive Notice
If you receive written notice of a formal complaint, read it promptly and preserve relevant information. Some early steps described in university materials include:
- Reading the notice carefully to identify the alleged policy category (Title IX Sexual Harassment vs. broader sexual misconduct) and the specific allegations.
- Requesting, in writing to the Coordinator, an appointed advisor if you do not already have one, or asking for early access to evidence, as described on the investigation forms page.
- Confirming supportive measures you may be eligible for.
- Watching for written meeting or interview notices, which under OP 03.04 § VIII.6 must be sent at least 24 hours before an interview, meeting, or hearing with the complainant or respondent.
The policy measures different periods from different events. Keep a record of when each notice and report was issued or provided.
Investigation and Evidence Review
During the investigation, OP 03.04 § VIII.7 sets out a sequence of deadlines tied to the hearing date, not to each other:
- The preliminary investigative report and relevant exhibits go to the parties and their advisors at least 21 calendar days before the hearing.
- The policy gives parties ten calendar days to submit written objections, corrections, or additions to the preliminary report.
- The final report goes to the parties, advisors, and the adjudicator at least five calendar days before the hearing.
The preliminary and final report dates are measured backward from the hearing; the ten-day response period concerns the preliminary report. Confirm the submission deadline shown in the actual report notice rather than treating these periods as one deadline.
If an allegation is dismissed from the Title IX Sexual Harassment category, OP 03.04 § VIII.8 says it can still proceed, as appropriate, under the remaining provisions of OP 03.04. The Coordinator may refer a matter dismissed under that policy to OP 03.03, OP 91.100, or another policy where appropriate. A Title IX dismissal does not necessarily end university proceedings.
Advisor and Hearing Rights
Every party may choose an advisor, including an attorney, or request an MSU-appointed advisor at no charge. OP 03.04 places the responsibility on the party to request an investigation-stage advisor promptly and to arrange that advisor’s attendance. If you request a hearing advisor less than ten calendar days before the scheduled hearing, the policy says the university cannot guarantee an advisor will be available. Request one early and confirm the arrangement with the Coordinator.
For contested allegations, OP 03.04 § VIII.9–10 describes a live hearing using a preponderance-of-the-evidence standard. Under § VIII.6, a respondent can accept responsibility before a hearing; if all parties agree in writing to waive the live hearing and accept proposed sanctions or remedies, that matter can conclude without one. At a live hearing, questions to other parties or witnesses are asked by advisors, not directly by the parties, and the adjudicator decides what is relevant. The policy treats a party’s refusal to answer questions differently depending on whether the case is classified as Title IX Sexual Harassment or broader sexual misconduct.
The written determination is sent to both parties simultaneously through the Coordinator.
Supportive Measures
Under OP 03.04 § VIII.2, supportive measures are available to respondents after a formal complaint is filed. Examples named in the policy include schedule or housing changes, counseling, and mutual no-contact orders. No specific measure is guaranteed in every case. Ask the Coordinator what is available in your situation.
Appeals
If you or the other party wants to appeal a responsibility determination or a dismissal, OP 03.04 § VIII.11 requires written notice to the Title IX Coordinator within seven calendar days of the issuance of the written determination or dismissal notice. Permitted grounds include a procedural error likely to have affected the outcome, newly available evidence likely to affect the outcome, or a specified conflict of interest or bias.
This seven-calendar-day window is distinct from the Code of Student Conduct’s general five-day appeal period in OP 91.100. The Code says OP 03.04 controls when the two policies differ in sexual misconduct cases. A matter referred to a different process may have different appeal rules. Confirm the route and deadline in your own notice with the Coordinator.
Timing Expectations
OP 03.04 § VIII.12 states the university will strive, absent extenuating circumstances, to investigate and adjudicate within 90 calendar days of the filing of the formal complaint. This is a target, not a promised completion date. A Civil Rights Office FAQ instead describes a 60-day investigation target measured from a report. These statements cover different steps and use different start dates. Ask the Coordinator which timeline currently applies to your matter.
OP 03.04 § IX also allows for voluntary informal resolution after a formal complaint is filed and before a responsibility determination is reached, subject to written agreement of all relevant parties and other restrictions. It is not available in every case.
FAQs
Does a report automatically start a formal investigation under OP 03.04?
No. The policy requires a formal complaint to initiate that investigation. The Coordinator can sign one even if the complainant does not.
Can I bring my own attorney as an advisor?
Yes. OP 03.04 allows a party to choose an advisor, including an attorney, or to request an MSU-appointed advisor without charge.
What happens if an allegation is dismissed from the Title IX category?
Dismissal from the Title IX Sexual Harassment category does not necessarily end the matter. OP 03.04 § VIII.8 says an allegation may continue under the policy’s other provisions, as appropriate. A matter dismissed under OP 03.04 may be referred to another policy where warranted.
How long do I have to appeal a determination?
For a matter governed by OP 03.04, § VIII.11 requires written notice to the Coordinator within seven calendar days of issuance of the written determination or dismissal notice. The Code of Student Conduct has a different general appeal rule; confirm which policy governs your actual notice.
Will the investigation definitely finish within 90 days?
No. The 90-calendar-day period in OP 03.04 § VIII.12 is described as a target the university will strive to meet absent extenuating circumstances, not a guaranteed deadline.
Who do I contact with questions about my notice?
OP 03.04 and the Civil Rights Office list [email protected] as the Title IX contact address. Ask the office to confirm the policy route and any case-specific deadline.
More guides for Mississippi schools: Mississippi Title IX lawyer.
Disclaimer
This page is general educational information about publicly available Mississippi State University policies. It is not legal advice, does not create an attorney-client relationship, and is not affiliated with or endorsed by Mississippi State University. Deadlines, procedures, and policy versions can change. Confirm requirements against your actual written notice and directly with the Title IX Coordinator or Civil Rights Office.
Sources
- OP 03.04 Policy Page
- OP 03.04 Current Sexual Misconduct Policy PDF
- OP 91.100 Code of Student Conduct Policy Page
- OP 91.100 Code of Student Conduct PDF
- OP 03.03 Discrimination, Harassment, and Retaliation
- Civil Rights Office Investigation Forms Page
- Blank Respondent Notification of Formal Complaint Form
- Civil Rights Office FAQ on Reporting and Investigation
- Civil Rights Office Title IX Contact Page
