Students who search for a South Alabama Title IX lawyer usually want to know what happens after a notice arrives. This page explains, in general terms, how the University of South Alabama (USA) handles a sexual misconduct complaint against a student under its posted documents. Your own notice, and the policy version that applies to your case, control the actual steps and deadlines.
Which policy applies
USA’s rules are in one document in the university’s policy library: Policy No. 2068, Sexual Misconduct & Complaint Resolution, which the Title IX Office links as the "Sexual Misconduct Policy & Complaint Resolution Procedures." Sections 1 to 4 are the policy and Section 5 is the Complaint Resolution Procedures. It covers sex discrimination, sexual harassment, sexual assault, dating violence, domestic violence, stalking, electronic stalking, sexual coercion, and retaliation. The policy says it supersedes other university policies and handbooks, and that it and the procedures are the exclusive way sexual misconduct complaints are resolved.
The policy library shows this version with a last review date of September 17, 2026. It does not show a separate effective date, and earlier versions are not posted in the library. The 2025-2026 edition of The Lowdown, the student handbook, prints an earlier version that differs in several ways: it names the University Disciplinary Committee as the student hearing body, applies a clear and convincing standard to every formal case, and does not split sexual harassment from other sexual misconduct. The current policy says "The University may apply policy revisions to an active case provided that doing so is not unreasonable and does not unduly prejudice the parties." The version that applies to you can depend on when the incident happened and when you received notice, so ask the Title IX Office which version governs your case.
The policy does not say whether it follows the 2020 or the 2024 federal Title IX regulations, and this page does not assume either.
Where the Code of Student Conduct fits
The Code of Student Conduct says it "applies to all student conduct matters other than those involving allegations of sexual misconduct and academic misconduct," and sends sexual misconduct to the policy. The traffic can also run the other way. Under the policy, "any report of sexual misconduct not falling under this Policy will be referred to Human Resources or Student Conduct, as appropriate, for further action," and a formal complaint that must be dismissed under the policy may still be addressed under another policy, such as the Student Code of Conduct. Check your notice to see which process you are in.
Report vs. formal complaint
Students report sexual misconduct to the Title IX Coordinator, a Deputy Title IX Coordinator, or the University Police Department. After a report, the Title IX Coordinator first evaluates whether the conduct, if true, could reasonably be sexual misconduct under the policy. If it could not, the Coordinator may refer it under another policy or close it.
A formal complaint is a document filed by a complainant, or signed by the Title IX Coordinator, that alleges sexual harassment and asks USA to investigate. When filing, the complainant must be participating in or trying to participate in USA’s education programs or activities. The policy states no time limit for filing. The Title IX Coordinator may sign a formal complaint when not going forward would present an ongoing danger to the complainant or the university community, and USA may continue a complaint at its discretion even if the complainant withdraws it.
Early steps after notice
If a formal complaint is filed, the Title IX Coordinator contacts you about the reported conduct and explains the process and your options. "Pending the outcome of the process, there is a presumption that the respondent is not responsible for the reported conduct." You also get a chance to review a copy of the complaint. The procedures say the Coordinator will assign a Respondent Resource (a trained support person) "if applicable," and the policy and the Title IX website say respondents request one through the Title IX Coordinator, so ask for one if you want it.
The investigator then sends both parties written notice of the process, including informal resolution, and the specific allegations, with enough detail to prepare before any first interview. It states that you are presumed not responsible and that responsibility is decided after the process, that you may inspect and review evidence, and, in sexual harassment cases, that you may have an advisor, who may be an attorney.
Notices go to your university e-mail by default, and "a party is deemed to have received notice upon transmission of an email to their email account." Check that account every day while a case is open.
A few other points from the policy:
- The policy sets no overall number of days for the process. USA will "endeavor to conclude" the case promptly and give periodic updates. If you need more time to prepare or gather witnesses, tell the investigator in writing how much time you need and why.
- If you refuse to take part, the process is completed without you and "may result in a finding of misconduct in absentia."
- USA may pause briefly to avoid interfering with a police investigation, but its decision "will not be held in abeyance due to the pendency of a criminal trial."
- Knowingly false reports or knowingly false information during the process can lead to discipline. The policy’s limited amnesty for drug or alcohol use covers people who report in good faith as reporters, complainants, or witnesses.
How days are counted: most policy deadlines are written in business days, and the policy does not define a business day. The policy also has a counting rule for "a period of days" (it sits in the section on vendors and third parties): exclude the day that triggers the period, "Count every day, including intermediate Saturdays, Sundays, and legal holidays recognized by the federal government," and the last day runs until 5:00 p.m. Central Time. USA may also change any deadline for good cause, with written notice and reasons. Use the date in your own notice and confirm it with the Title IX Office.
Dismissal
USA must dismiss a formal complaint for policy purposes if, during the investigation, it decides the conduct is not sexual harassment, did not occur in a USA education program or activity, or did not occur against a person in the United States. USA may dismiss a complaint if the complainant wants to withdraw it, the respondent is no longer enrolled or employed, or circumstances prevent gathering enough evidence. Both parties get notice of a dismissal and the reasons at the same time. The policy does not describe an appeal of a dismissal, so ask the Title IX Office what options you have. A dismissal under the policy does not stop USA from acting under another policy.
Investigation and evidence
The investigator (who may be an outside investigator or attorney retained by USA) interviews the complainant, the respondent, and witnesses, and collects material such as e-mails, text messages, and security camera footage. Both sides have an equal opportunity to present fact and expert witnesses and other evidence. The investigator may decline to interview witnesses or collect information considered irrelevant.
In a sexual harassment case, before the report is finished, you and your advisor receive the evidence collected. "The parties shall have ten (10) days to submit a written response to the TIX Investigator," and the investigator considers it before completing the report. The policy writes this period as "days," not business days. The investigative report does not make findings; it summarizes the evidence. It goes to you and your advisor at least ten (10) business days before the hearing.
Formal rules of evidence do not apply. Information that is irrelevant, or whose prejudicial effect substantially outweighs its value, may be excluded, and the complainant’s irrelevant sexual history is excluded. Give the investigator all relevant information during the investigation, and pass on anything you find later right away. After the case ends, you and your advisor must return the investigative report and its attachments. The university keeps case records for seven years.
Advisor and hearing
In a sexual harassment case, you may have a support person with you at interviews, meetings, and hearings, and you are also entitled to an advisor of your choice to conduct cross-examination for you at the hearing. The advisor may be an attorney, but must follow the policy’s procedures rather than courtroom rules. "If a party does not have an advisor, the University will provide one free of charge." (The Code of Student Conduct has stricter advisor rules for Code cases: the advisor must be a member of the university community and may not speak at the hearing. Those rules are not the Title IX policy’s rules.)
After the investigation, you may accept responsibility and waive the hearing. Discipline is then decided by the hearing committee with university administrators, and either party may appeal it. Otherwise the case goes to a hearing:
- Student cases go to the Student Conduct and Accountability Committee (SCAC): two to five students and two to four faculty or staff, chaired by a designee of the Title IX Coordinator who presides as hearing officer. For a College of Medicine or graduate student respondent, one member must be a College of Medicine or graduate student. Older USA documents, including the Code’s disciplinary procedures page, describe the University Disciplinary Committee instead, so check your hearing notice.
- There is a pre-hearing meeting to explain the process and coordinate possible dates. Written notice of the hearing comes at least ten (10) business days in advance unless the parties agree otherwise in writing.
- On request, the parties can be separated by a divider or in separate rooms with technology, and any party can ask for a virtual hearing.
- Your advisor may ask the other party and witnesses relevant and follow-up questions, including about credibility, and the questioning must be "conducted directly, orally, and in real-time." Only advisors and committee members may question parties or witnesses, so you do not question the other party yourself.
- The hearing, but not deliberations, is recorded or transcribed, and the parties may inspect the record.
- The committee decides by majority under a "clear and convincing standard." Under the current policy the written decision goes to both parties "within seven (7) business days of the hearing date."
Not every case goes to a hearing. For sexual misconduct that is not sexual harassment, the current policy sends the investigator’s report to the Title IX Coordinator for a final decision on whether it is "more likely than not" that sexual misconduct occurred. That is a lower standard than the hearing standard. Code of Student Conduct cases use a preponderance of the evidence standard. Your notice should tell you which track you are in; if it does not, ask.
Sanctions
If you are found responsible, or accept responsibility, the SCAC decides discipline with university administrators. "Sanctions may range from remedial education and training to removal from the University Community (i.e., dismissal or termination of employment), or any combination of the same." The policy’s enforcement list includes warnings, required training, probation, suspension, limits on programs or campus access, and expulsion. The policy does not say whether sanctions are paused during an appeal, so ask.
Informal resolution
All parties must agree in writing to informal resolution. It can include mediation, agreed separation, counseling referrals, education, an apology, or agreed discipline, and it does not produce a finding unless the respondent admits the conduct. It is your decision whether to accept an informal resolution. Any party can end it before an agreement is reached, and the Title IX Coordinator can decline it or move the case to formal resolution. Once agreed, it ends the grievance process for the same allegations, and "there is no right to appeal the terms of an informal resolution." If the terms are not met, the Coordinator may reopen the complaint.
Supportive measures
In a complaint alleging sexual harassment, support measures are available to both parties and "may be requested by any party at any time." They are short-term, do not mean anyone has been found responsible, and must not unduly burden either party. Examples include counseling or support services, reasonable changes to academic, living, transportation, or work arrangements, and a mutual no-contact order. Report any violation of a support measure the same way you would report sexual misconduct.
Interim suspension
USA has two posted interim suspension rules:
- Policy: if an individualized risk assessment shows reasonable cause to believe the respondent poses an imminent and serious threat to someone’s health or safety, USA may suspend the student fully or partly until the case is resolved. The student gets a prompt chance to appear before the Dean of Students or designee and the University Behavioral Assessment Team, limited to the reliability of the information and whether the student’s presence poses a substantial and immediate threat. That opportunity "should be offered within seventy-two (72) hours of the interim suspension/trespass being issued."
- Code of Student Conduct: the Dean of Students or designee may suspend or restrict a student immediately when there is an indication that the student’s presence poses a substantial and immediate threat, with the same kind of meeting offered within seventy-two (72) hours.
Neither document describes an appeal of an interim suspension. Follow your suspension notice and confirm the next steps with the Title IX Office or the Dean of Students Office.
Appeals
Under the policy, either party may appeal a hearing outcome. The grounds are limited to:
- a material and prejudicial violation of procedural rights that affected the outcome;
- new information, not reasonably available at the time of the hearing, that affected the outcome;
- discipline that is too severe or too lenient; or
- a conflict of interest or bias by the Title IX Coordinator, investigator, or decision makers that affected the outcome.
The written appeal goes to the Dean of Students "within five (5) business days of being notified of the outcome of the hearing." It must state the grounds and explain them in detail, or it may be dismissed summarily. Within five (5) business days of receiving a valid appeal, the Dean of Students sends a copy to the other party, who then has five (5) business days to respond in writing. The written appeal decision is due within fifteen (15) business days after the response deadline. "The decision of the Dean of Students is final."
The policy’s appeal section speaks of hearing outcomes and does not separately describe an appeal of a Title IX Coordinator decision in a case that is not sexual harassment. The Code of Student Conduct has its own appeal for Code cases: a written appeal to the Dean of Students "within five (5) business days of the hearing decision," on its own, different grounds. Use the appeal instructions and deadline in your own outcome letter and confirm them with the Title IX Office.
FAQ
Which version of the policy applies to me?
The policy library shows a version last reviewed September 17, 2026, and the 2025-2026 student handbook prints an earlier, different version. The version can depend on your incident and notice dates, so ask the Title IX Office.
Can my advisor be a lawyer?
Yes, in a sexual harassment case under the policy. Your advisor may be an attorney and conducts cross-examination for you at the hearing. If you have no advisor, USA provides one free of charge.
What standard of proof applies?
It depends on the track: clear and convincing at a sexual harassment hearing, "more likely than not" for other sexual misconduct decided by the Title IX Coordinator, and preponderance in Code of Student Conduct cases.
What if I do not take part?
The process continues without you and may end in a finding made in your absence.
Are sanctions paused while I appeal?
The policy does not say. Ask the Title IX Office before assuming either way.
Can I appeal a dismissal?
The policy does not describe a dismissal appeal. Ask the Title IX Office what options apply to your case.
More guides for Alabama schools: Alabama 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 the University of South Alabama. Policies change, so confirm every deadline against your own notice and the currently posted documents, and with USA’s Title IX Office.
