MSU Denver Title IX Lawyer: Student Respondent Guide

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If you are a Metropolitan State University of Denver student searching for an MSU Denver Title IX lawyer after receiving notice of a Title IX or Office of Equal Opportunity (OEO) complaint, first identify which track the written notice invokes. This page explains, in general terms, how MSU Denver’s published procedures describe that process. It is educational only and does not replace advice from an attorney who has reviewed your actual notice.

Which Policy or Procedure Applies to You

MSU Denver currently maintains more than one document that can govern a complaint against a student, and which one applies depends on the allegation.

The OEO procedures index links two separate procedures:

Separately, the university’s policy index links the Discrimination, Harassment, Sexual Misconduct, Title IX Violations, and Retaliation policy, a policy approved by the MSU Denver President. The posted PDF shows an August 15, 2020 effective date in its page headers, while its policy history section lists the effective date as TBD. If your situation involves conduct from an earlier period, a different version of this policy may have applied at that time, so this is worth confirming rather than assuming.

The Student Code of Conduct index currently links the 2026–2028 code. That code’s scope section directs discrimination, bias, and sexual misconduct matters to OEO/Title IX rather than the general conduct process. A section of the code addressing behaviors that impact Title IX explains that OEO may apply the Title IX procedure directly, or refer the matter back to the Dean of Students conduct process, depending on the allegation. Because of this, the code’s general conduct appeal steps should not be assumed to apply to a Title IX case. The two tracks use different rules.

Because the correct document and version depend on the specific allegation and the date of the alleged incident, check which procedure and version your written notice names and confirm it with OEO.

Report Versus Formal Complaint

The OEO office page identifies OEO as the university’s intake and referral office for these matters. Receiving a report, or having a report made about you, is not the same as a formal complaint proceeding under the Title IX Procedure. The Title IX Procedure’s Section 8 distinguishes between a formal complaint that is dismissed or reassigned to another track, and a complaint that proceeds under the Title IX route itself. Do not assume that an initial report automatically means a formal Title IX process has begun: that determination is made by OEO based on how the allegation is classified.

Early Steps After Notice

Under Section 8.5 of the Title IX Procedure, each party is entitled to written notice of the allegations at least five days before any initial interview. This notice period is tied specifically to the interview date, not to any later stage of the process. If you receive this notice, read it carefully for the specific allegations described, since the procedure that applies and the rights available to you depend on how the allegations are framed.

Investigation and Evidence Review

Once an investigation is underway, Section 10.6 of the Title IX Procedure gives each party and their advisor access to the evidence gathered, along with at least ten business days to submit a written response after that evidence is sent. Section 10.8 separately provides that the investigation report itself is sent at least ten days before any hearing. This clause does not specify “business days,” so the counting method may differ from the evidence-review period. Because these are two different clocks with two different triggers, it is worth confirming in writing, for your specific case, exactly which dates OEO is using for each.

Advisor and Hearing

Section 9 of the Title IX Procedure permits each party to have an advisor of their choice, who may be an attorney. Section 11 calls for a live hearing led by a Hearing Officer. Sections 12 and 15 state that the standard of proof applied is preponderance of the evidence, and that the outcome must be documented in a written determination. Having an advisor present from an early stage, even before a hearing is scheduled, can help you understand notices and deadlines as they arrive, rather than reacting to them after the fact.

Supportive Measures and Coordination With Student Conduct

OEO functions as the intake and referral point for these complaints and can be a starting contact for questions about supportive measures during a pending matter. Under Section 17.1, the Title IX Coordinator and the student-conduct office coordinate on any sanctions that apply to a student respondent following a determination.

Appeals: Important Conflict in the Current Procedure

The Title IX Procedure’s own text is inconsistent about appeal timing, and this page will not state a single deadline as a result.

Section 15.4 says a written determination becomes final five business days after it is sent, unless an appeal is filed. Section 16.3 says a written appeal must be submitted to the OEO Executive Director within ten business days after the determination is issued. These two provisions do not align, and neither can be substituted for the other. Section 16.4 separately gives the other party or parties ten business days to respond in writing once notified that an appeal has been filed.

If you or your family receive a written determination in an actual case, do not rely on either five-business-day or ten-business-day figure alone. Read the specific notice you were sent, and contact OEO directly to get written confirmation of the filing deadline, the correct recipient, and what happens to the determination while an appeal is pending. Ask OEO promptly for written clarification. This page cannot determine the filing deadline for an individual case.

Frequently Asked Questions

Does a report against me automatically start a Title IX case?
No. OEO intake and referral decides which procedure applies, and Section 8 of the Title IX Procedure separately addresses dismissal or reassignment of a formal complaint. A report and a formal complaint are not the same thing.

Can I bring a lawyer as my advisor?
Yes. Section 9 of the Title IX Procedure allows an advisor of choice, including an attorney, for both parties.

How much time do I have to respond to the evidence?
Section 10.6 of the Title IX Procedure provides at least ten business days to submit a written response after the evidence is sent to the parties. The separate procedure for harassment and discrimination complaints gives five business days to review the investigative file. Use the deadline stated in your own notice and confirm it with OEO.

When does a determination become final, and how long do I have to appeal?
The procedure’s own sections conflict on this (Section 15.4 versus Section 16.3). Check your written determination notice and confirm the applicable deadline with OEO directly rather than assuming either figure.

Does the general Student Code of Conduct appeal process apply to my Title IX case?
Not automatically. The code directs Title IX and discrimination matters to OEO, but OEO may refer some allegations back to student conduct. Confirm the route stated in your notice before using an appeal rule from either procedure.

Who do I contact with questions about my case?
The OEO office page identifies the office as the intake and referral point. Confirm current staff names and contact details directly on that page, since personnel listed in older PDFs may not be current.

More guides for Colorado schools: Colorado Title IX lawyer.

Disclaimer

This page is not affiliated with or endorsed by Metropolitan State University of Denver. It is general educational content and is not legal advice. It does not create an attorney-client relationship. Procedures, deadlines, and contacts change, and the source documents themselves contain an unresolved internal conflict regarding appeal timing. Always confirm current requirements against your own written notice and directly with the university office responsible for your case.

Sources

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