State College Title IX Lawyer: A Guide for Accused Students in State College

A student searching for a State College Title IX lawyer needs clear, source-verified answers before responding to a campus notice. State College, Pennsylvania and the surrounding Centre Region borough and townships are defined by The Pennsylvania State University’s flagship University Park campus ("201 Old Main University Park, PA 16802"). With more than 48,000 undergraduate, graduate, Penn State Law, and Schreyer Honors College students concentrated in University Park and downtown State College, along with tens of thousands more across Penn State’s Commonwealth Campuses governed by the same central policies, a Title IX or sexual misconduct allegation in State College triggers a specialized administrative investigation and adjudication process.

In State College, campus sexual misconduct proceedings are shaped by federal Title IX regulations, Pennsylvania’s postsecondary sexual misconduct statutes (Public School Code Article XX-J, enacted by Act 16 of 2019, and Article XX-G, amended by Act 55 of 2022), Third Circuit constitutional due process precedent, and Penn State Policy AD85 (Title IX Sexual Harassment). This guide explains how Pennsylvania law and Penn State Policy AD85 work in practice and how an attorney-advisor protects respondent rights in Centre County. For federal Title IX background, read What is Title IX? and Title IX lawyers by state. For statewide Pennsylvania context, visit the Pennsylvania Title IX lawyer hub. The primary rules and procedures referenced in this guide are published in The Pennsylvania State University Policy AD85: Title IX Sexual Harassment and The Pennsylvania State University Title IX Information and Reporting Hub.

Colleges and Universities in the State College Area

While Penn State’s University Park campus is the primary institution in State College, Policy AD85 and the Penn State Student Code of Conduct also govern Penn State Law at University Park and all Penn State Commonwealth Campuses across Pennsylvania.

| Institution | Main State College Location | Governing Conduct & Title IX Office | Dedicated Campus Guide |
| — | — | — | — |
| The Pennsylvania State University (University Park) | "201 Old Main University Park, PA 16802" (1-814-865-4700) | Office of Sexual Misconduct Prevention and Response (OSVAP / Title IX) and Office of Student Accountability and Conflict Response (OSACR), Policy AD85 | Penn State Title IX Lawyer Guide |
| Penn State Law & Commonwealth Campuses | University Park and Statewide Pennsylvania | Governed centrally by Penn State Policy AD85 | Penn State Title IX Lawyer Guide |
| Pennsylvania Postsecondary Institutions | Statewide Pennsylvania | PA Public School Code Article XX-J (Act 16 of 2019) & Article XX-G (Act 55 of 2022) | Pennsylvania Title IX Lawyer Hub |

For a full campus breakdown of Penn State’s procedures, timelines, and offices, see our dedicated Penn State Title IX lawyer guide.

How Pennsylvania Law Shapes Campus Discipline in State College

Pennsylvania’s General Assembly enacted two major statutory articles in the Public School Code of 1949 that apply directly to Penn State and other degree-granting institutions in the Commonwealth: Article XX-J (added by Act 16 of 2019, 24 P.S. Section 20-2001-J et seq.) and Article XX-G (Sexual Violence, Dating Violence, Domestic Violence and Stalking Education, Prevention and Response, as amended by Act 55 of 2022, 24 P.S. Section 20-2001-G et seq.).

Pennsylvania Act 16 of 2019 (Article XX-J): Online Reporting, Anonymous Reports, and Drug/Alcohol Amnesty

Article XX-J defines a covered "Postsecondary institution." as "An institution located within this Commonwealth that is authorized to grant an associate or higher academic degree." Under Section 2002-J and Section 2003-J:

• Mandatory Written Sexual Harassment and Sexual Violence Policy: Under Section 2002-J(a), "A postsecondary institution shall adopt a clear, understandable written policy on sexual harassment and sexual violence that informs victims of their rights under Federal and State law, including the crime victims bill of rights."
• Statutory Witness and Victim Amnesty for Drug or Alcohol Use: Under Section 2002-J(b), "The sexual harassment and sexual violence policy under subsection (a) shall include a provision that a witness or victim of an incident of sexual harassment or sexual violence who reports the incident in good faith will not be sanctioned by the institution for admitting in the report to a violation of the institution’s student conduct policy on the personal use of drugs or alcohol."
• Mandatory Online Reporting and Investigation of Anonymous Reports: Under Section 2003-J(a)-(b), "A postsecondary institution shall establish and maintain an online reporting system to receive complaints of sexual harassment and sexual violence from students and employees. A report shall be investigated through the process established in the postsecondary institution’s sexual harassment and sexual violence policy. A postsecondary institution may not fail or refuse to investigate an anonymous report because it is anonymous." Further, "The online reporting system shall permit anonymous reports, which shall be investigated in accordance with subsection (a)."

For students in State College, Section 2003-J explains why an anonymous submission through Penn State’s online reporting portal can trigger an immediate preliminary inquiry by the Office of Sexual Misconduct Prevention and Response even before a named complainant signs a formal complaint.

Pennsylvania Act 55 of 2022 (Article XX-G): Statutory Consent Definition and Protective Measures

Article XX-G of the Public School Code, as amended by Act 55 of 2022, imposes additional statewide requirements on Pennsylvania institutions of higher education:

• Mandatory Adoption of a Consent Definition: Under Article XX-G, "Each institution of higher education and private licensed school shall adopt a definition of consent as part of the institution’s or school’s code of conduct or sexual misconduct or harassment policy."
• Accommodations and Protective Measures Regardless of Police Reporting: Under Article XX-G, "An institution and a school shall make accommodations or provide protective measures, as necessary and reasonably available, at the victim’s request, regardless of whether the victim chooses to report the crime to campus police or local law enforcement and regardless of where an incidence occurred."
• Memoranda of Understanding With Local Law Enforcement: Article XX-G also requires each institution to enter into and maintain a memorandum of understanding with local law enforcement agencies setting out protocols for reporting, information sharing, and jurisdiction over sexual violence, dating violence, domestic violence, and stalking.

Third Circuit Constitutional Due Process (Doe v. University of the Sciences and Doe v. Penn State)

State College sits within the federal jurisdiction of the United States District Court for the Middle District of Pennsylvania (Williamsport / Harrisburg divisions) and the United States Court of Appeals for the Third Circuit. Under Third Circuit and Middle District of Pennsylvania precedent, Penn State (as a state-related public instrumentality) must provide constitutional due process, and even private universities in Pennsylvania are bound by contractual fundamental fairness guarantees under Doe v. University of the Sciences (3d Cir. 2020), which requires a live hearing and the opportunity for cross-examination when credibility is at stake in a sexual misconduct case.

How Campus Policies Operate at Penn State University Park (Policy AD85)

At Penn State, reports of Title IX sexual harassment, sexual assault, dating violence, domestic violence, stalking, and sexual exploitation are governed by University Policy AD85 (Title IX Sexual Harassment) and administered by the Office of Sexual Misconduct Prevention and Response (located at 120 Boucke Building, University Park, PA 16802, (814) 867-0099) in coordination with the Office of Student Accountability and Conflict Response (OSACR).

Penn State Policy AD85: Definitions of Consent and Incapacitation

In University Park sexual misconduct investigations, Policy AD85 defines Consent and Incapacitation as follows:

• Consent: "Consent is a knowing, voluntary, and mutual decision among all participants to engage in sexual activity. Consent must be informed, freely given, and mutual. Consent can be given by words or actions, as long as those words or actions communicate an affirmative and conscious decision to engage in sexual" activity.
• Incapacitation: "If a person is mentally or physically incapacitated so that such person cannot understand the fact, nature or extent of the sexual situation, there is no consent. This includes incapacitation due to alcohol or drug consumption (voluntary or involuntary), or being asleep or unconscious".

Because Policy AD85 focuses on whether a participant could "understand the fact, nature or extent of the sexual situation," Penn State investigators examine objective timeline evidence from downtown State College venues (along Beaver Avenue and College Avenue), residence hall card readers in East, Pollock, North, West, and South Halls, text messages, and witness observations.

Supportive Measures and Emergency Removal Under Policy AD85

When the Title IX Coordinator receives a report at University Park, Penn State offers non-disciplinary, non-punitive supportive measures to both parties, including academic adjustments, housing reassignments, dining or work schedule changes, and mutual no-contact directives.

If Penn State considers an Emergency Removal of a student respondent while an investigation is pending, Policy AD85 requires the university to conduct an individualized safety and risk analysis determining that an immediate threat to the physical health or safety of any student or other individual arising from the allegations justifies removal, and the respondent is provided written notice and an immediate opportunity to challenge the removal.

Investigation, Non-Downloadable Evidence Review, and Preliminary Report Windows at Penn State

Once a Formal Complaint is signed under Policy AD85, Penn State issues a written Notice of Allegations and assigns a trained investigator. Policy AD85 establishes a distinctive two-stage evidence and preliminary report review procedure with strict rules on electronic access:

1. Initial 5-Day Evidence Access Window: When the investigator completes initial evidence gathering, the parties and their advisors are given electronic access to the evidence directly related to the allegations for 5 days ("five (5) days of receipt") to review before the preliminary investigative report is sent.
2. Preliminary Investigative Report and 10-Day Written Response Window: Under Policy AD85, "The investigator will then send the preliminary Investigative report to each party and their Advisors in an electronic format other than email, such as a secure file-sharing platform of the University’s choosing. The parties will have ten (10) days to submit a written response."
3. Strict Restriction on Downloading or Copying: Policy AD85 warns that "The parties and their Advisors will not be permitted to download, copy, photograph or take other measures designed to retain copies of the preliminary Investigative report. At the conclusion of the review period, the University will remove the parties’ electronic access" to the preliminary report, before issuing the final Investigative Report at least 10 days prior to the scheduled live hearing.

Because electronic access to the preliminary report is view-only and expires at the conclusion of the 10-day review period, working closely with an attorney-advisor during that 10-day window is critical to cataloging every factual discrepancy, timeline gap, and witness contradiction.

Live Hearings, Cross-Examination, and Standard of Proof at Penn State

Under Policy AD85, student Title IX cases that are not resolved through voluntary informal resolution proceed to a live hearing before a trained decision-maker or hearing panel:

• Advisor cross-examination: Each party may be accompanied throughout the process by an Advisor of their choice, who may be an attorney. At the live hearing, each party’s Advisor conducts live, oral cross-examination of the other party and witnesses. If a party does not have an Advisor at the hearing, Penn State provides an Advisor free of charge solely to conduct cross-examination on that party’s behalf.
• Relevance rulings: Before a party or witness answers any question, the decision-maker determines whether the question is relevant and explains any decision to exclude a question.
• Preponderance of the evidence: Penn State applies the preponderance of the evidence standard across all Policy AD85 determinations, and the respondent is presumed not responsible unless and until a written determination of responsibility is issued.

Appeals Under Policy AD85

Under Policy AD85, either party may appeal a dismissal of a Formal Complaint or the written determination regarding responsibility by submitting a written appeal within 5 business days of receiving the written determination, based on:

1. Procedural irregularity that affected the outcome of the matter;
2. New evidence that was not reasonably available at the time the determination regarding responsibility or dismissal was made, that could affect the outcome of the matter; or
3. Conflict of interest or bias by the Title IX Coordinator, investigator(s), or decision-maker(s) for or against complainants or respondents generally or the individual complainant or respondent that affected the outcome of the matter.

Parallel Campus and Criminal Proceedings in Centre County

In State College, an allegation arising on the University Park campus falls within the law enforcement jurisdiction of the Penn State University Police and Public Safety department, while off-campus incidents in downtown State College apartments, fraternity annexes, or borough establishments fall under the State College Police Department (or Patton, Ferguson, or College Township police), with criminal prosecutions handled by the Centre County District Attorney’s Office in Bellefonte.

Remember that under Pennsylvania Act 55 of 2022 (Article XX-G), Penn State maintains memoranda of understanding with local law enforcement agencies. At the same time, Penn State’s administrative investigation under Policy AD85 proceeds independently of any Centre County criminal case. Any statement a student gives to a Penn State OSVAP investigator or submits in writing during the 10-day preliminary report response window can be subpoenaed by the Centre County District Attorney. Consulting defense counsel before making any statement to campus investigators protects your Fifth Amendment rights while preserving your ability to defend the Policy AD85 case.

Working With a Title IX Advisor in State College

If you are facing an investigation at Penn State University Park or a Commonwealth Campus, a Title IX defense lawyer serving as your Advisor can:

• Review the Notice of Allegations against Policy AD85, the Penn State Student Code of Conduct, and Pennsylvania Public School Code Articles XX-J and XX-G;
• Challenge any emergency removal or overly restrictive interim measure;
• Preserve off-campus State College and on-campus University Park digital evidence, keycard logs, rideshare records, and witness timelines;
• Conduct a thorough line-by-line review during Policy AD85’s view-only 5-day evidence window and 10-day preliminary investigative report window ("ten (10) days to submit a written response") before electronic access is removed;
• Conduct live cross-examination of the complainant and witnesses at the Penn State hearing; and
• Prepare and file a written appeal within Penn State’s 5-business-day appeal deadline.

For step-by-step guidance on every phase of defense, read The Title IX Investigation Process, our Title IX Hearing and Appeal Guide, and Accused of Sexual Misconduct on Campus.

Call (888) 299-4878 or use the contact page to request a confidential case review.

Frequently Asked Questions About State College Title IX Cases

How does Penn State Policy AD85 handle evidence review and preliminary investigative reports?

Under Penn State Policy AD85, parties and their Advisors receive electronic access to the evidence for 5 days ("five (5) days of receipt"), followed by the preliminary Investigative Report via a secure file-sharing platform with 10 days ("ten (10) days to submit a written response"). Policy AD85 prohibits downloading, copying, or photographing the preliminary report and removes electronic access at the end of the review window, before issuing the final Investigative Report at least 10 days before the hearing.

Can Penn State investigate an anonymous online report in State College?

Yes. Under Pennsylvania Public School Code Section 2003-J (enacted by Act 16 of 2019), "A postsecondary institution shall establish and maintain an online reporting system to receive complaints of sexual harassment and sexual violence from students and employees" and "may not fail or refuse to investigate an anonymous report because it is anonymous."

Can my attorney serve as my Advisor and question witnesses at a Penn State hearing?

Yes. Under Policy AD85, both the complainant and the respondent have the right to an Advisor of their choice, who may be an attorney, at all meetings, interviews, and hearings. At the live hearing, each party’s Advisor conducts live, oral cross-examination of the other party and witnesses.

Does Pennsylvania law provide amnesty for alcohol or drug use disclosed in a sexual misconduct report?

Yes, for good-faith reporters and witnesses. Under Pennsylvania Public School Code Section 2002-J(b) (Act 16 of 2019), every Pennsylvania postsecondary institution’s policy must provide that "a witness or victim of an incident of sexual harassment or sexual violence who reports the incident in good faith will not be sanctioned by the institution for admitting in the report to a violation of the institution’s student conduct policy on the personal use of drugs or alcohol."

What happens if State College Police or Penn State Police are also investigating?

Penn State’s Policy AD85 process does not wait for a criminal case in Centre County to conclude, though brief delays may occur while police gather initial physical evidence. Because statements made to Penn State investigators are not privileged and can be subpoenaed by the Centre County District Attorney, students should consult defense counsel before participating in any campus interview.

More guides for Pennsylvania schools: Pennsylvania Title IX lawyer guides

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 any college named on this page. Policies and statutes change, so confirm every deadline against your own notice and the currently posted documents, and with the school’s Title IX office.

Sources

• Pennsylvania Act 16 of 2019: Public School Code Article XX-J (Sexual Violence Education and Reporting at Postsecondary Institutions)
• Pennsylvania Act 55 of 2022: Public School Code Article XX-G Amendments
• The Pennsylvania State University Policy AD85: Title IX Sexual Harassment
• The Pennsylvania State University Title IX Information and Reporting Hub
• The Pennsylvania State University Main Website