Tallahassee Title IX Lawyer: A Guide for Accused Students in Tallahassee

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A student searching for a Tallahassee Title IX lawyer needs clear, source-verified answers before responding to a campus notice. Tallahassee is both Florida’s state capital and one of the Southeast’s premier college towns, home to Florida State University (FSU), Florida Agricultural and Mechanical University (FAMU), the joint FAMU-FSU College of Engineering, and Tallahassee State College. With more than 65,000 students living and studying within blocks of Pensacola Street, Gaines Street, CollegeTown, Wahnish Way, and South Monroe Street in Leon County, campus sexual misconduct and Title IX investigations are a frequent, high-stakes reality across Tallahassee’s institutions.

In Tallahassee, public university and college disciplinary proceedings are governed by federal Title IX regulations, Florida Statute Section 1006.60, Florida Board of Governors Regulation 6.0105, and campus-specific regulations led by FSU Policy 2-2a / FSU Regulation 2.012 and FAMU Regulation 10.103 / FAMU Regulation 2.012. This city guide compares the rules across Tallahassee’s flagship universities and explains how an attorney-advisor protects respondent due process rights. For federal background, read What is Title IX? and Title IX lawyers by state. For statewide Florida coverage, visit the Florida Title IX lawyer hub. The primary rules and procedures referenced in this guide are published in Florida Board of Governors Regulation 6.0105: Student Conduct and Discipline and Florida State University Policy 2-2a: Title IX Compliance.

Colleges and Universities in the Tallahassee Area

Because FSU, FAMU, and Tallahassee State College sit immediately adjacent to one another in central and southwest Tallahassee (and share academic programs such as the FAMU-FSU College of Engineering), students in Leon County regularly cross campuses and share off-campus apartment complexes.

| Institution | Main Tallahassee Location | Governing Conduct & Title IX Office | Dedicated Campus Guide |
| — | — | — | — |
| Florida State University (FSU) | "222 South Copeland Street, Suite 424, Tallahassee, Florida 32306-1400" (Main Campus Tallahassee, FL 32306) | Office of Title IX (408 Westcott Building) and Department of Student Conduct and Community Standards, FSU Policy 2-2a & Regulation 2.012 | Florida State Title IX Lawyer Guide |
| Florida A&M University (FAMU) | "1601 S. Martin Luther King Jr Blvd, Tallahassee, FL 32307" ((850) 599-3000) | Office of Equal Opportunity Programs (EOP) and Office of Conflict Resolution & Student Conduct, FAMU Regulation 10.103 & Regulation 2.012 | FAMU Title IX Lawyer Guide |
| State University System of Florida & Florida College System | Statewide Florida Public Institutions | Governed by Florida Statute Section 1006.60 and BOG Regulation 6.0105 | Florida Title IX Lawyer Hub |

For comprehensive campus walkthroughs, consult our dedicated Florida State University Title IX lawyer guide and our Florida A&M University Title IX lawyer guide.

How Florida Law Shapes Campus Discipline in Tallahassee

Both Florida State University and Florida A&M University are members of the State University System of Florida (and Tallahassee State College is a member of the Florida College System). As a result, every public postsecondary institution in Tallahassee must comply with Florida Statute Section 1006.60 ("Codes of conduct; disciplinary measures; rules or regulations"), and both FSU and FAMU must comply with Florida Board of Governors Regulation 6.0105 ("6.0105 Student Conduct and Discipline").

Florida Statute Section 1006.60: Statewide Student Due Process Floor

Under Florida Statute Section 1006.60(3), institutional codes of conduct at FSU, FAMU, and Tallahassee State College must "protect the rights of all students, and, at minimum, provide the following due process protections to students and student organizations":

  • Timely written notice at least 7 business days before the proceeding: Under Section 1006.60(3)(a)(1)-(2), the written notice must state "the allegations to be investigated; the citation to the specific provision of the code of conduct at issue; the process to be used in determining whether a violation has occurred and associated rights; and the date, time, and location of the disciplinary proceeding." Further, "The written notice is considered timely if it is provided at least 7 business days before the disciplinary proceeding and may be provided by delivery to the student’s institutional e-mail address".
  • Mandatory 5-business-day pre-hearing witness and evidence disclosure: Under Section 1006.60(3)(a)(3), "At least 5 business days before the disciplinary proceeding, the institution or university must provide the student or student organization with: a. A listing of all known witnesses who have provided, or will provide, information against the student or student organization. b. All known information relating to the allegation, including inculpatory and exculpatory information."
  • Presumption that no violation occurred and preponderance standard: Section 1006.60(3)(b) guarantees "The right to a presumption that no violation occurred. The institution has the burden to prove, by a preponderance of the evidence, that a violation has taken place. Preponderance of the evidence means that the information presented supports the finding that it is more likely than not that the violation of the code of conduct was committed by the student or student organization."
  • Right against self-incrimination and right to remain silent: Section 1006.60(3)(d) establishes "The right against self-incrimination and the right to remain silent. Such silence may not be used against the student or student organization."
  • Direct participation by an advisor, advocate, or legal representative: Under Section 1006.60(3)(g), a student has "The right to have an advisor, advocate, or legal representative, at the student’s or student organization’s own expense, present at any proceeding, whether formal or informal. Such person may directly participate in all aspects of the proceeding, including the presentation of relevant information and questioning of witnesses."
  • Right to an impartial appeal and complete record: Under Section 1006.60(3)(h)-(i), the student has the right to appeal to the vice president of student affairs or another designated senior administrator who "may not have directly participated in any other proceeding related to the charged violation" and the right to "an accurate and complete record of every disciplinary proceeding relating to the charged violation of the code, including record of any appeal, to be made, preserved, and available for copying upon request by the charged student or student organization."

Florida Board of Governors Regulation 6.0105

For FSU and FAMU, Board of Governors Regulation 6.0105(8) mandates specific procedures for Title IX sexual harassment matters:

  • Under Regulation 6.0105(8)(b), "All procedures for disciplinary proceedings shall apply equally to the complainant and respondent and must include a live hearing for purposes of determining whether the respondent is responsible or not responsible for the alleged conduct."
  • "All cross-examination of the parties and witnesses must be conducted directly and orally by a party’s advisor. At the hearing, before a party or witness can respond to a question posed by an advisor, the decision maker(s) must first determine whether the question is relevant, and if not, explain the basis for disallowing the question."
  • Under Regulation 6.0105(8)(g), "The university shall provide the parties at least ten (10) days to review evidence collected during the investigation as set forth in 34 CFR s. 106.45(b)(5)(vi)."

How Campus Policies Compare Between FSU and FAMU in Tallahassee

Florida State University (FSU): Policy 2-2a, Policy 2-2, and Regulation 2.012

At Florida State University, Title IX and sexual misconduct allegations are governed by FSU Policy 2-2a ("Title IX Compliance"), FSU Policy 2-2 (Sex Discrimination and Sexual Misconduct Policy), and FSU Regulation 2.012 (Student Conduct Code). For a complete campus breakdown, see our Florida State University Title IX lawyer guide.

Key features of FSU Policy 2-2a include:

  • Scope and Dual-Policy Structure: FSU Policy 2-2a states that "The University’s Sex Discrimination and Sexual Misconduct Policy (Policy 2-2) continues to operate as the University’s comprehensive statement on and mechanism to address alleged violations of Title IX (other than that of actual athletics participation). This policy supplements Policy 2-2 providing compliance with new requirements under The Rule and will apply and provide controlling definitions and procedures to the extent that Policy 2-2 is not in compliance." Moreover, if a formal complaint is dismissed under Policy 2-2a for falling outside federal Title IX scope (for example, certain off-campus incidents in Tallahassee), Policy 2-2a notes that "A decision to proceed with an investigation or disciplinary process under Policy 2-2 after a discretionary dismissal, standing alone, does not constitute retaliation against a respondent or run afoul of double jeopardy principles."
  • Computation of Time: Under Policy 2-2a Section III.B, "Unless specifically indicated otherwise, timelines in this policy will be calculated using University business days (i.e., non-holiday weekdays on which the University is open and operating, whether or not classes are in session)."
  • Supportive Measures: Policy 2-2a defines supportive measures as "Individualized services reasonably and equitably available to complainants and respondents that are nonpunitive, non-disciplinary, and not unreasonably burdensome to the other party, while designed to ensure equal educational access, protect safety, or deter sexual harassment."
  • Single Hearing Officer and Advisor Cross-Examination: Under Policy 2-2a Section IV.E, "Live hearings shall be held before a single hearing officer", and "All hearings held pursuant to this policy shall utilize the preponderance of evidence standard when determining responsibility for violations or deciding whether allegations are substantiated." At the hearing, "The party’s advisor of choice shall conduct examination of the other party and any witnesses. The parties are not permitted to examine each other." Furthermore, "If a party does not have an advisor present at the live hearing, the University will provide, upon request and without fee or charge, an advisor of the University’s choice, to conduct examination on behalf of that party."
  • Audio Recording of Live Hearings: Under Policy 2-2a Section IV.E.g, "The University shall create and maintain an audio recording of the hearing, which shall constitute the official record of the proceedings."

Florida A&M University (FAMU): Regulation 10.103 and Regulation 2.012

Across the railroad tracks on the highest of Tallahassee’s seven hills ("1601 S. Martin Luther King Jr Blvd, Tallahassee, FL 32307"), Florida A&M University investigates and adjudicates Title IX and sexual misconduct complaints under FAMU Regulation 10.103 (Non-Discrimination Policy and Discrimination and Harassment Complaint Procedures, administered by the Office of Equal Opportunity Programs (EOP) at 674 Gamble Street, (850) 599-3076) and FAMU Regulation 2.012 (Student Code of Conduct, administered by the Office of Conflict Resolution & Student Conduct). For a complete campus walkthrough, read our FAMU Title IX lawyer guide.

Key provisions of FAMU Regulation 10.103 include:

  • Affirmative Consent Standard: FAMU Regulation 10.103 states that "Consent to sexual activity must be knowing, intelligent, unambiguous, and voluntary. Consent is active, not passive. This means there must be clear and willing participation, through words or actions, for each sexual act."
  • Emergency Removal: Under FAMU Regulation 10.103, "The University may remove a Respondent from the University on an emergency basis after undertaking an individualized safety and risk analysis and determining that an immediate threat to the physical health or safety of any individual arising from the allegations justifies removal."
  • 10-Business-Day Evidence Inspection Window: During an EOP investigation, FAMU provides both parties and their advisors access to all evidence directly related to the allegations and gives the parties "ten (10) business days to submit a written response. The investigator will consider all written responses prior to completion of the investigative report, and make any necessary amendments."
  • Pre-Hearing Notice and Live Hearing: Following completion of the final investigative report (provided at least 10 business days before the hearing), FAMU issues a notice of charge at least "five (5) business days prior to the hearing, except in cases of emergency hearings, where the notice will be provided as soon as possible" (and subject to the 7-business-day statutory floor of Florida Statute Section 1006.60(3)(a)(2)). At the live hearing, each party’s advisor conducts live cross-examination under the preponderance of the evidence standard.

Parallel Campus and Criminal Proceedings in Leon County

In Tallahassee, campus sexual battery, dating violence, or stalking allegations frequently involve the FSU Police Department, the FAMU Department of Campus Safety & Security, the Tallahassee Police Department (TPD), or the Leon County Sheriff’s Office, with criminal prosecutions handled by the Office of the State Attorney for the Second Judicial Circuit in downtown Tallahassee.

Under Florida Board of Governors Regulation 6.0105(4)(h), "The accused student may not be forced to present testimony that is self-incriminating; however, the university is not required to postpone disciplinary proceedings pending the outcome of a criminal prosecution." Because FSU and FAMU are Florida public universities subject to public-records and subpoena rules, any written or recorded statement made to FSU’s Office of Title IX or FAMU’s Office of Equal Opportunity Programs can be obtained by TPD detectives or Second Judicial Circuit prosecutors. Exercising and coordinating your statutory protection under Florida Statute Section 1006.60(3)(d) ("The right against self-incrimination and the right to remain silent. Such silence may not be used against the student or student organization.") is critical whenever parallel criminal exposure exists in Leon County.

Working With a Title IX Advisor in Tallahassee

Whether you are enrolled at Florida State University, Florida A&M University, the FAMU-FSU College of Engineering, or Tallahassee State College, a Title IX defense lawyer acting as your advisor can:

  • Audit the Notice of Allegations against Florida Statute Section 1006.60(3), BOG Regulation 6.0105, FSU Policy 2-2a / Regulation 2.012, or FAMU Regulation 10.103 / Regulation 2.012;
  • Preserve exculpatory CollegeTown, Gaines Street, or residence hall video footage, keycard logs, text threads, and witness statements;
  • Prepare you for investigative interviews while protecting your statutory right against self-incrimination under Section 1006.60(3)(d);
  • Draft comprehensive written responses during the 10-business-day evidence review window and pre-hearing report review period;
  • Conduct live cross-examination of the complainant and witnesses before the FSU Hearing Officer or FAMU decision-maker, and directly participate across all aspects of any Florida student conduct proceeding under Section 1006.60(3)(g); and
  • Prepare and file an administrative appeal if procedural irregularity, new evidence, bias, or disproportionate sanctions occur.

For step-by-step guidance on every stage 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 Tallahassee Title IX Cases

Can my lawyer actively participate and question witnesses at FSU and FAMU?

Yes. Under Florida Statute Section 1006.60(3)(g), students at Florida public universities and colleges have the right to have an advisor, advocate, or legal representative present at any formal or informal disciplinary proceeding who "may directly participate in all aspects of the proceeding, including the presentation of relevant information and questioning of witnesses." In Title IX hearings under BOG Regulation 6.0105(8)(b), FSU Policy 2-2a, and FAMU Regulation 10.103, each party’s advisor conducts live, oral cross-examination of the other party and witnesses.

Who presides over a Title IX live hearing at Florida State University?

Under FSU Policy 2-2a Section IV.E, "Live hearings shall be held before a single hearing officer", and "All hearings held pursuant to this policy shall utilize the preponderance of evidence standard when determining responsibility for violations or deciding whether allegations are substantiated."

How does FAMU Regulation 10.103 define consent in Tallahassee campus cases?

Under FAMU Regulation 10.103, "Consent to sexual activity must be knowing, intelligent, unambiguous, and voluntary. Consent is active, not passive. This means there must be clear and willing participation, through words or actions, for each sexual act."

What happens if an off-campus incident in Tallahassee is dismissed under FSU Policy 2-2a?

If a formal complaint is dismissed under FSU Policy 2-2a because the alleged off-campus conduct occurred outside an FSU-controlled education program or activity, FSU can still evaluate and pursue the matter under FSU Policy 2-2 and the Student Conduct Code (Regulation 2.012), where Florida Statute Section 1006.60’s statutory due process protections continue to govern.

Can FSU or FAMU use my silence against me if Tallahassee Police are investigating?

No. Florida Statute Section 1006.60(3)(d) expressly provides students at Florida public universities and colleges with "The right against self-incrimination and the right to remain silent. Such silence may not be used against the student or student organization."

More guides for Florida schools: Florida Title IX lawyer guides

Legal Review: Reviewed by Attorney T. Matthews, Esquire

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.

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