Students who search for a Southern Miss Title IX lawyer usually want to know what happens after a notice arrives. This page explains, in general terms, how The University of Southern Mississippi (USM) handles a sexual harassment complaint against a student under its posted documents. Your own notice, and the policy version that applies to your case, control the actual deadlines.
Which policy applies
USM’s Title IX process is set out in its Sexual Harassment Policy And Procedures, posted in the university’s policy library and linked from the Title IX Office page. It covers sexual harassment, sexual assault, dating violence, domestic violence, stalking, and retaliation. USM pages also call the same document the "Interim Sexual Harassment Policy And Procedures," and the Code of Student Conduct calls it the Sexual Misconduct Policy; the links we checked all lead to the same current document.
The policy library lists this version as effective September 2026, with earlier revisions dated December 2025, September 2024, March 2023, October 2021, and August 2020. The text itself still ends with an August 14, 2020 effective date, and earlier versions are not posted for public viewing. The policy says changes take effect once posted online, and that when a complaint comes after a significant delay, USM "will typically apply the policy in place at the time of the alleged misconduct and the procedures in place at the time of notice/complaint." The version that applies to you can depend on your incident date and your notice date, so confirm it with the Title IX Office.
The Code of Student Conduct (2026-27) is run by the Dean of Students Office. It sends allegations of sexual misconduct to the Title IX policy, and it has its own rules for other conduct, such as harassment, stalking, and recording images without knowledge, and for interim suspension. When the Title IX Coordinator decides an allegation falls outside Title IX, the policy says the Coordinator "assesses which policies may apply." USM’s posted documents do not name a separate process for sexual misconduct that falls outside Title IX, so check your notice and ask the Title IX Office which process and rules apply to you.
Where the IHL board fits
The Mississippi Board of Trustees of State Institutions of Higher Learning (IHL) oversees USM. Its Policies and Bylaws, amended through March 19, 2026, require each university to "maintain and disseminate or otherwise publicize, a sexual harassment policy and procedure." They make the university president responsible for student conduct and discipline, "subject to procedures of due process," and delegate student affairs to the president. IHL policy does not set Title IX steps, deadlines, hearing rules, or a board-level appeal for students. The USM documents described below supply those rules.
Report vs. formal complaint
Anyone can give notice of sexual harassment to the Title IX Coordinator or another Official with Authority, verbally or in writing, by phone, e-mail, mail, or USM’s online form. The policy sets no time limit for giving notice to the Title IX Coordinator. (For Code of Student Conduct complaints, the Code says a written complaint must be filed as soon as possible or within six (6) months of the alleged violation, absent extraordinary circumstances. That is a Code rule, not a Title IX rule.)
A formal complaint is a document submitted or signed by the complainant, or signed by the Title IX Coordinator, that alleges a policy violation and asks USM to investigate. The Coordinator can sign one even when the complainant does not want to proceed, based on a violence risk assessment showing a compelling risk to health or safety. After notice, the Coordinator may offer supportive measures only, an informal resolution, or the formal grievance process with an investigation and a hearing, which requires a formal complaint.
Early steps after notice
The Title IX Coordinator does an initial assessment, "typically within five (5) business days." If a formal investigation goes ahead, the Coordinator usually appoints investigators from the Sexual Harassment Investigative Panel (SHIP) within five (5) business days of that decision. These are school targets, not deadlines for you.
When the formal process begins, you receive a written Notice of Investigation and Allegations. It summarizes the allegations, the policies involved, the procedures, and the possible sanctions. It states that USM presumes you are not responsible unless and until the evidence supports a different determination. It also names the SHIP investigators so you can raise any conflict of interest in advance, and it tells you to preserve evidence related to the allegations. Notices go to your USM e-mail or are delivered in person, and the policy treats an e-mailed notice as delivered.
A few other points from the policy:
- If the Title IX Coordinator requires a violence risk assessment, a respondent who refuses to cooperate faces automatic exclusion from campus.
- You are expected to tell the Title IX Coordinator who your advisor is at least two (2) business days before your first meeting with SHIP investigators, or as soon as possible if the meeting is sooner.
- USM makes a good faith effort to finish the whole process, including appeals, within sixty to ninety (60-90) business days. The investigation is typically completed within thirty (30) business days. Both are targets and can be extended with notice.
- The standard is preponderance of the evidence: whether it is more likely than not that you violated the policy.
- A criminal case does not usually pause or change the USM process.
The policy defines "day" as a business day when the University is in normal operation. That definition applies to the policy’s own deadlines. The Code of Student Conduct uses its own units, including business days, calendar days, and working days, for Code steps.
Dismissal and dismissal appeals
USM must dismiss a formal complaint, at any point during the investigation or hearing, if the conduct would not be sexual harassment under the policy even if proved, did not happen in an education program or activity USM controls (or USM has no control of the respondent), did not happen against a person in the United States, or if the complainant was not participating or trying to participate in a USM program when filing. USM may dismiss if the complainant withdraws in writing, the respondent is no longer enrolled or employed, or circumstances prevent gathering enough evidence. A Title IX dismissal does not stop USM from acting under another policy.
Any party can appeal a dismissal "up to five (5) business days from the official notice of dismissal." Use the deadline in your own dismissal notice and confirm it with the Title IX Office.
Investigation and evidence
SHIP investigators interview the parties and relevant witnesses and gather evidence. You can suggest witnesses and questions and offer evidence and expert witnesses. During the investigation phase you are expected to answer questions yourself; your advisor can consult with you privately but cannot speak for you. Interviews are audio recorded by the investigators, and transcripts are made available to the parties.
Before the investigation ends, you receive a list of the witnesses whose information will be used, a draft report, and access to all evidence directly related to the allegations, including evidence USM does not plan to rely on. You then have a ten (10) business day review and comment period, which you may choose to waive. The investigators do not make findings or recommendations. The final report goes to the parties at least ten (10) business days before a hearing.
The investigation and hearing do not consider unrelated incidents (unless they show a pattern), the character of the parties, or the complainant’s sexual predisposition or prior sexual behavior, apart from two narrow exceptions in the policy. A witness’s written statement cannot be used as evidence if that witness does not appear for cross-examination at the hearing. USM shares records with your advisor only after you sign a consent form or provide similar consent.
Advisor and hearing
You may have an advisor of your choice at all meetings, interviews, and hearings. The advisor can be a friend, mentor, family member, attorney, or anyone else. The Title IX Coordinator will also offer to assign a trained advisor if you want one. USM does not have to provide an attorney, even if the other party has one.
At the hearing, an advisor is required. The parties cannot question each other or witnesses directly; questioning is done by the parties’ advisors, and if you have no advisor, USM appoints a trained advisor for that purpose. Each question is posed to the Hearing Officer, who decides whether it is permitted, disallowed, or rephrased. The Hearing Officer also asks questions. You are expected to name your hearing advisor at least two (2) business days before the hearing.
Timing under the policy:
- The hearing cannot be held less than ten (10) business days after the final investigation report is sent, unless everyone agrees to go faster.
- Notice of the hearing, and the Hearing Officer’s name, come at least ten (10) business days before the hearing.
- Requests for remote participation are due at least five (5) business days before the hearing, and requests for disability accommodations or language help at least seven (7) business days before.
- Objections to the Hearing Officer: the hearing-notice section says a bias objection must be raised at least ten (10) business days before the hearing, while the pre-hearing section says objections must be submitted in writing no later than five (5) business days before. Raise any objection as early as possible.
A single Hearing Officer, with no prior involvement in the investigation, decides responsibility and any sanctions. The hearing notice says that if a party does not appear, the hearing may go ahead and that party’s testimony and earlier statements will not be considered. The policy also says the Hearing Officer may not draw an inference only from a party’s absence or refusal to answer questions. Ask the Title IX Office how these rules apply to your case. Hearings are recorded and transcribed, and the parties may review the recording or transcript under the Coordinator’s controls.
The Hearing Officer’s written findings are due to the Title IX Coordinator within ten (10) business days of the end of deliberations unless the Coordinator grants an extension, and the Notice of Outcome goes to the parties within five (5) business days after that. Prior discipline is considered only at the sanction stage.
Sanctions
The policy’s usual student sanctions are a warning, required counseling, probation, suspension for up to two years or until set conditions are met, expulsion (noted permanently on the transcript as a Conduct Expulsion, subject to any expungement policy), and loss of commencement participation. The Code of Student Conduct has its own sanction list for Code cases.
If a student respondent permanently withdraws, the policy says the process ends, and USM may withhold readmission. The Code of Student Conduct says USM may continue its conduct process even if a student withdraws, and that a student under review may receive a degree only after the process and any sanctions are complete. Ask which rule USM will apply to you.
Informal resolution
Under the policy, a complainant starts informal resolution by submitting a formal complaint, and USM must get voluntary, written confirmation from all parties before it proceeds. It can include mediation or a respondent accepting responsibility and a sanction. Any party can stop it and return to the formal process, and the Title IX Coordinator decides whether it is available. An agreed resolution cannot be appealed.
Supportive measures
Supportive measures are free, non-disciplinary, and non-punitive, and they are offered to both parties once USM receives notice. Examples in the policy include referral to counseling or health services, no-contact orders, housing changes, class schedule changes, deadline extensions, safety planning, and transportation help. Violating a no-contact order is referred to the conduct process. For disability accommodations during the process, contact Student Accessibility Services.
Emergency removal and interim suspension
USM has two separate removal tools, with different decision makers and different windows:
- Emergency removal (Title IX policy): after an individualized safety and risk analysis finds an immediate threat to physical health or safety, USM can remove a student respondent in whole or in part. You get notice, a written summary of the reasons, and the option to meet with the Title IX Coordinator to show cause why it should not apply. "When this meeting is not requested by the respondent within five (5) business days, objections to the emergency removal will be deemed waived." The policy does not say what starts those five days. There is no appeal of an emergency removal decision.
- Interim suspension (Code of Student Conduct, Section 18): the Vice President for Student Affairs and Enrollment Management or designee can suspend a student immediately for a significant risk of substantial harm. You may petition for reinstatement "within three (3) business days of the imposition of the suspension."
Follow the steps in your own removal notice and confirm the deadline with the Title IX Office or the Dean of Students Office.
Appeals
Under the Title IX policy, any party may appeal the Notice of Outcome by sending a written Request for Appeal to the Title IX Coordinator "within five (5) business days of the date the Notice of Outcome is delivered." The appeal must name a ground, explain how it applies, and state the relief you want. The grounds are limited to:
- a procedural irregularity that affected the outcome;
- new evidence that was not reasonably available at the time of the determination or dismissal and could affect the outcome; or
- a conflict of interest or bias by the Title IX Coordinator, investigators, or Hearing Officer that affected the outcome.
General disagreement with the outcome, credibility findings, or sanctions is not enough. The Coordinator first checks only timeliness and grounds. If the appeal goes forward, both parties get five (5) business days to submit a written statement, and a single Appeal Officer generally decides within ten (10) business days of receiving the complete appeal file. Sanctions from the hearing are on hold during the appeal. If a sanction is put in place right after the hearing but before an appeal, the policy says a hearing on the justification must be permitted within 48 hours.
The Code of Student Conduct has a different appeal route for Code cases: an appeal within five (5) business days after the date notice of the decision was sent, first to the Vice President for Student Affairs or designee, and then a final appeal to the University Appeals Committee, also within five (5) business days. Code grounds are different and include sanctions that are grossly disproportionate. Use the deadline in your own outcome letter and confirm which route applies.
FAQ
Does the IHL board hear my case or my appeal?
IHL board policy requires USM to have a sexual harassment policy and procedure and leaves student discipline to the university president. It does not set Title IX procedures or a board-level student appeal.
Can my advisor be a lawyer?
Yes. The policy lets you choose any advisor, including an attorney. USM is not required to provide an attorney, but it will appoint a trained advisor for the hearing if you do not have one.
How long do I have to respond to the evidence?
The policy gives a ten (10) business day review and comment period for the evidence before the investigation closes, and the final report comes at least ten (10) business days before the hearing.
What if I do not attend the hearing?
The hearing may go ahead without you, and the hearing notice says your earlier statements will not be considered. The Hearing Officer may not draw an inference only from your absence. Ask the Title IX Office how this applies.
What if the allegation is not treated as Title IX?
A Title IX dismissal does not stop USM from acting under another policy. USM’s posted documents do not name a separate process for sexual misconduct outside Title IX, so check your notice and ask which process applies.
More guides for Mississippi schools: Mississippi 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 Southern Mississippi. Policies change, so confirm every deadline against your own notice and the currently posted documents, and with USM’s Title IX Office.
