Students who search for a TESU Title IX lawyer usually want to know what happens after a notice arrives. This page explains, in general terms, how Thomas Edison State University’s posted documents describe a sexual misconduct complaint against a student. TESU is a largely online university for adult learners, so most notices, meetings, and even hearings can happen by email and video. Your own notice, and the procedure and version that apply to your case, control the actual deadlines.
Which policy applies
TESU posts one Title IX policy document: the Title IX and Grievance Procedures PDF, linked from the university’s Compliance Information page. It covers students as well as employees. It describes a Title IX Grievance Process with a live hearing before a three-member Hearing Board.
The document does not state an effective date. Its file name points to a February 2025 version, but page 11 carries the footer "In effect through July 31, 2024," and the document does not say which incidents it covers. The version that applies to you can depend on your notice or incident date, so confirm it with the Title IX Coordinator.
The Title IX Grievance Process applies only when, as reasonably determined by the Title IX Coordinator, the conduct is alleged to have occurred in the United States and in the University’s education program or activity, and would be covered sexual harassment under the policy if true. The policy does not say how those rules apply to online courses, email, or students who have only met online. That call belongs to the Title IX Coordinator, and this page cannot predict it.
Other TESU documents describe a different route for complaints against students:
- The current catalog’s Code of Conduct Policy lists sexual harassment and cyberbullying as general misconduct. It reaches conduct "in the TESU courses" and conduct "in a virtual environment including the online classroom and any form of written, verbal, or electronic communication."
- The Campus Security Report (2025) reprints an older Nonacademic Code of Conduct and says that procedure "will be followed for complaints against students." That older code is no longer in the current catalog, though the Title IX policy still refers to a "Non-Academic Code of Conduct."
The Title IX policy says that if a complaint is dismissed from the Title IX process, TESU may investigate the allegations under another University policy and will send written notice naming that policy. Do not assume a track. Your notice should tell you which one is being used.
Report vs. formal complaint
The Title IX policy says internal complaints should be made to the Title IX Coordinator. The catalog’s Policy Against Discrimination and Harassment sends complaints against a mentor or staff member to the Title IX Coordinator, but sends a complaint that another student harassed someone to the vice provost and University registrar (the graduate catalog says the Office of the Registrar). A complaint about you may therefore start in more than one office.
A Formal Complaint is what starts the formal Grievance Process. The complainant must give the Title IX Coordinator "a written, signed complaint describing the alleged facts at issue." The Title IX Coordinator may also file a Formal Complaint when the complainant does not want to. The policy states no time limit for filing one.
Early steps after notice
After a Formal Complaint, the Title IX Coordinator sends a Notice of Allegations. It is to go out "no more than 15 calendar days after the University receives a Formal Complaint," if there are no extenuating circumstances. It is sent to the email address on file in the Student Information System, so check that inbox. The notice describes the allegations, states that you are presumed not responsible until the process ends, and says you may have an advisor "who may be, but is not required to be, an attorney." You get a reasonable amount of time to review it before any initial interview.
The policy’s overall target is that the Grievance Process "will be concluded in no longer than ninety (90) business days, excluding University holidays and unforeseen closures beyond the control of the University, after the filing of the Formal Complaint." It can be extended for a good reason, such as an absent party, advisor, or witness, or concurrent law enforcement activity. Each party may also request a one-time delay "of up to five (5) business days for good cause." The policy does not say whether the process pauses for a criminal case.
Dismissal
The Title IX Coordinator must dismiss a Formal Complaint for purposes of the Grievance Process if any of the three jurisdiction elements is missing. A complaint may also be dismissed if the complainant withdraws in writing, if "The Respondent is no longer enrolled or employed by the University," or if circumstances prevent gathering enough evidence. Notice of dismissal goes out by email. Either party may appeal a dismissal under the same appeal rule as a final decision (see Appeals).
Interim suspension
The policy allows an interim suspension of a respondent "on an emergency basis where the University determines that an immediate threat to the physical health or safety of any student or other individual arising from the allegations of covered harassment justifies a removal." A student conduct committee will hold a hearing "within 15 calendar days of the notice to the student of the interim suspension." You may ask the dean in writing to reconsider, with evidence that you are not a risk. If the dean upholds it, you may appeal in writing to the Office of the Provost "within five (5)days of receiving notice." The policy does not say whether those are business or calendar days. The suspension stays in effect "until responsibility and sanctions have been determined and any appeals have been resolved."
The Code of Conduct separately lets any vice president suspend a student "from access to University premises, activities, or electronic sites, pending a conduct hearing or disciplinary action." Follow the steps in your own removal notice.
Investigation and evidence
The Title IX Coordinator or a trained designee investigates. "The University has the burden of proof and the burden of gathering evidence." You may choose not to take part, and that choice alone is not a basis for a finding. You may present fact and expert witnesses and other evidence. TESU cannot access, consider, or disclose your medical records without your waiver.
Submit anything you want the investigator to consider before the evidence review period begins. Once the evidence is sent, "each party will have ten (10) business days to inspect and review the evidence and submit a written response, via email, to the investigator." If you cannot meet that deadline, contact the investigator immediately; a one-time extension is at the investigator’s discretion. Before seeing the evidence, parties and advisors must sign an agreement not to share it or use it outside the process, and that agreement cannot be withdrawn.
The investigator then has "ten (10) business days to generate a report," or may extend by "ten (10) additional business days" with written notice. The Investigation Report goes to the parties "at least ten (10) business days prior the hearing" for review and written response. The policy sets no deadline for that response.
Advisor and hearing
Under the Title IX policy, you may choose an advisor, who may be an attorney. Outside the hearing, "Advisors shall not participate directly in the process" except where the policy says otherwise. TESU "is not obligated to delay a meeting for more than five (5) business days due to an advisor’s schedule."
At the hearing, parties may not cross-examine anyone themselves; the advisor does it, "orally, and in real time." If you have no advisor, the University selects one "for the limited purpose of conducting such cross-examination at no cost to the party." The Hearing Chair decides whether each question is relevant before it is answered.
TESU will not impose a sanction under this process without a live hearing, and "The parties cannot waive the right to a live hearing." The hearing may be in person or, at the University’s discretion, held virtually through software such as Microsoft Teams or Zoom. It is closed to the public and recorded. The Hearing Board is "a panel of three decision-makers," none of whom served as the Title IX Coordinator, investigator, or an advisor in the case. The Board may not draw a negative inference solely from a party’s absence or refusal to answer questions. Witnesses cannot be compelled to take part.
The standard is preponderance of the evidence. The written Determination Regarding Responsibility is due "within 15 business days after the conclusion of the hearing" if there are no extenuating or unforeseen circumstances, and it goes to all parties by email at the same time.
Sanctions
The Title IX policy lists a written warning, exclusion from University activities (which may extend to online events), suspension "for a specified period of time," dismissal from the University with a mandatory permanent transcript notation, withholding of a degree, and revocation of a degree. Sanctions stay on file during enrollment and "for at least seven (7) years after separation." The Code of Conduct sets different limits for its own cases: exclusion "not to exceed 180 days" and suspension "not to exceed one year."
Informal resolution
If the complainant asks for it and the Title IX Coordinator finds it appropriate, you may be invited to informal resolution. You have "ten (10) calendar days from receiving an invitation" to reply in writing. There is no finding of responsibility, sanctions are not imposed, and statements made in it cannot be used later. The University "will seek to complete the process" within 60 days, with an extension of up to 30 days (the policy gives no unit for either). It is not available if the respondent previously went through informal resolution. Either party may end it before signing a written Resolution Agreement.
Supportive measures
The Title IX policy calls these interim and protective measures and says TESU "is required to and will take interim and/or protective measures at any point during an investigation." Examples include no contact orders, academic accommodations, social restrictions, and increased security. A No Contact Order bars communication between the parties, both verbally and in writing. You may ask the Title IX Coordinator for disability accommodations at any point before or during the process. Retaliation against anyone involved is prohibited.
Appeals
Under the Title IX policy, either party may appeal a dismissal or a Determination Regarding Responsibility to the Appeals Officer. Appeals must be in writing "within ten (10) business days from the date on the letter" notifying the parties of the decision. If no appeal is filed in time, the original decision becomes final.
The grounds are limited to: sanctions "significantly disproportionate to the offense"; a procedural irregularity that affected the outcome; new evidence not reasonably available earlier that could affect the outcome; or a conflict of interest or bias of the Title IX Coordinator, investigator, or Hearing Chair that affected the outcome. Disagreeing with the result is not a ground. Both parties get an equal opportunity to submit a written statement. The Appeals Officer may dismiss the case, change the sanction, modify the finding, or uphold it, and decides "within ten (10) business days from the date the appeal is received." That decision is final within the University.
Other TESU documents set different windows for cases decided under a conduct code:
- Current Code of Conduct Appeal Procedures: a letter to the Code of Conduct Officer requesting a hearing "within 10 business days of receiving the Code of Conduct decision," then an appeal to the Provost "within 10 business days of the date of the written decision" after the hearing.
- Nonacademic Code in the Campus Security Report: appeals "within fifteen (15) business days after receipt of the disciplinary action."
Use the deadline in your own outcome or dismissal letter, and confirm with the Title IX Coordinator which rule applies.
FAQ
Do I need a lawyer for a TESU Title IX case?
The policy does not require one. You may choose an advisor, who may be an attorney. Under the Title IX policy, the University provides an advisor for hearing cross-examination if you do not have one.
Does the Title IX process cover conduct in online classes?
The policy does not say. The Title IX Coordinator decides whether conduct occurred in the University’s education program or activity. The Code of Conduct separately covers conduct in TESU courses and online communication.
How long do I have to respond to the evidence?
Ten (10) business days after the evidence is sent to you. If you need more time, contact the investigator immediately.
Can I appeal just because I disagree with the result?
No. The policy says disagreement with the finding or sanction is not a ground for appeal.
Will the hearing be in Trenton?
Not necessarily. The Title IX policy allows virtual hearings at the University’s discretion, and the Code of Conduct says its hearings are held virtually unless an in-person request is granted.
More guides for New Jersey schools: New Jersey 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 Thomas Edison State University. TESU’s documents do not all agree, and policies change, so confirm every deadline against your own notice and the currently posted documents, and with TESU’s Title IX Coordinator.
Sources
- Title IX and Grievance Procedures (Thomas Edison State University, PDF)
- Compliance Information (Thomas Edison State University)
- Code of Conduct Policy (TESU undergraduate catalog)
- Code of Conduct: Appeal Procedures (TESU undergraduate catalog)
- Policy Against Discrimination and Harassment (TESU undergraduate catalog)
- Campus Security Report (Thomas Edison State University, PDF)
- Office of Student Conduct and Academic Integrity (Thomas Edison State University)
