SMU Title IX Lawyer: What Respondents Need to Know

If you are looking for an SMU Title IX lawyer, you have probably just heard from Southern Methodist University about a report or complaint of sexual harassment, sexual assault, dating violence, stalking or other sexual misconduct. This page is for SMU students who are the respondent (the person accused) and for their parents. It describes SMU’s own offices, policies and procedures as SMU’s current documents state them. Texas state law is covered on our Texas Title IX defense attorney page.

The SMU Offices Involved in a Sexual Misconduct Case

Office of Equal Opportunity (OEO)

SMU’s Title IX Coordinator works in the Office of Equal Opportunity (OEO), in the Perkins Administration Building. Formal complaints of Title IX sexual harassment are filed with the Title IX Coordinator or a Deputy Title IX Coordinator. OEO oversees SMU’s nondiscrimination policies and procedures. The Title IX Coordinator may extend any deadline in the procedures for a reasonable period because of extenuating circumstances.

OEO is not a confidential resource. SMU says all faculty and staff must report sexual harassment to the Title IX Coordinator, and SMU’s list of confidential resources does not include OEO. SMU does treat complaints, investigations and related proceedings as confidential, and says it will use best efforts not to share information beyond those who need it for the investigation and handling. OEO provides supportive measures to the complainant or the respondent and keeps the records of Title IX sexual harassment complaints.

Student Conduct and Community Standards and the Dean of Students

The Office of Student Conduct and Community Standards connects to the Title IX process in several ways. In the Title IX procedure, it provides the respondent’s conduct history to the decision-makers. In the Not Title IX procedure, its Director or a designee sits on the Sanctioning Panel. The Dean of Students receives the written determination and decides whether to permit an appeal. SMU also has a general Conduct Review Process for other student conduct matters. It is separate, and its rules are not the rules for sexual harassment cases.

Which SMU Policy and Procedure Applies to Your Case

SMU has two student procedures for sexual harassment. Both are listed on the OEO Policies and Procedures page.

• Policy 3.3, Title IX Sexual Harassment (revised August 26, 2024), with the Title IX Sexual Harassment Grievance Procedure for Students.
• Policy 3.1, Nondiscrimination and Equal Opportunity (revised March 2, 2026), with the Sexual Harassment (Not Title IX) Grievance Procedure for Students.

Policy 3.3 uses the Title IX definition of sexual harassment. The conduct must occur in an education program or activity of the University, against a person in the United States. Policy 3.3 says SMU must dismiss a complaint or allegations that “do not meet the definition of Title IX sexual harassment, did not occur in an education program or activity of the University, or did not occur against a person in the United States”. The complainant may then file under the Nondiscrimination and Equal Opportunity Policy, which has its own definition of sexual harassment and its own student procedure. If it is not clear which procedure SMU is using in your case, ask the Office of Equal Opportunity to confirm it in writing.

The SMU Process Step by Step

Report, complaint and dismissal

A report to the Title IX Coordinator or a Deputy Title IX Coordinator is not a complaint and does not start the grievance procedures. A formal complaint is a document filed by a complainant or signed by the Title IX Coordinator. Filing one starts the procedure. In the Title IX procedure, a fact-finding investigation begins when SMU receives the completed Title IX Sexual Harassment Complaint Form. In the Not Title IX procedure, it begins on receipt of the Discrimination Complaint Form (Not Title IX). If SMU dismisses a Title IX complaint, the parties may request an appeal of the dismissal.

Informal resolution

Both procedures let the parties resolve a complaint informally, without a full investigation and adjudication. Once a formal complaint is filed, SMU may facilitate this at any time before a determination of responsibility. Any party may withdraw before agreeing to a resolution and resume the grievance process. Both procedures say informal resolution may typically take up to 30 days after the complaint is filed. The Title IX procedure adds that informal resolution cannot be used for allegations filed by students against faculty or staff.

Investigation and evidence review (both procedures)

The respondent is “presumed not responsible” until a determination is made. The parties have an equal opportunity to present witnesses and evidence that supports or undercuts the allegations. Both procedures say the investigation may typically take up to 60 days after the complaint is filed. Before the investigation report is finished, SMU gives the parties the evidence, and each has 10 days to submit a written response that the investigators consider. Both procedures use the same definition of a day: “a calendar day, excluding when the University is officially closed”.

Title IX procedure (Policy 3.3): live hearing

The investigators write a report. At least 10 days before the live hearing, they send it to each party and advisor for review and written response. The Title IX Coordinator designates a three-person panel of decision-makers: one faculty member, one staff member and one student. The parties receive the panelists’ names and may object in writing before the hearing. The Chair sends hearing notice no less than 10 days before the hearing. A party who cannot attend in person should ask the Chair for other arrangements at least 5 days before. At the hearing, each party may make opening and closing statements, advisors cross-examine, and the Chair rules on whether each question is relevant. The panel cannot draw an inference about responsibility solely from a party’s absence or refusal to answer. SMU records the hearing and makes the recording available to the parties for inspection and review. The procedure says the hearing process may typically take up to 60 days after the investigation. The panel decides responsibility using the preponderance of the evidence standard, which Policy 3.3 describes as more likely than not. If it finds the respondent responsible, it sets the sanction after considering the conduct history. The written determination goes to the parties at the same time.

Not Title IX procedure (Policy 3.1): no live hearing

The investigators decide whether the respondent is responsible or not responsible, using the preponderance of the evidence standard. The Title IX Coordinator then sends the complaint and investigation report to a Sanctioning Panel. The panel consists of the Director of Student Conduct and Community Standards or a designee, a Deputy Title IX Coordinator, and an SMU student. It decides the sanctions, and both parties are notified in writing at the same time.

Sanctions

Both procedures list the same student sanctions: expulsion, suspension, deferred suspension, conduct probation and formal conduct warning. These can come with educational sanctions such as training, reflection exercises, research papers and community service. The President reviews an expulsion before it is enforced.

Appeals (both procedures)

The grounds are erroneous findings of fact, procedural irregularity that affected the outcome, new evidence not reasonably available earlier, sanctions substantially disproportionate to the violation, and conflict of interest or bias that affected the outcome. Both procedures state the following deadlines and steps.

• A written request to the Dean of Students is due within 3 days of receiving the determination and recommended sanctions. The other party has 3 days from receiving the appeal to respond.
• The Dean of Students has discretion to grant or deny the request. The Dean may grant it within 7 days if grounds exist and they may significantly change the findings or sanctions.
• The University Conduct Council reviews the appeal packet and, within 10 days, recommends to the Vice President for Student Affairs either to uphold the findings or sanctions or to render new ones.
• The Vice President for Student Affairs issues the final determination within 7 days of the recommendation.

Each procedure says the appeal process may typically take up to 30 days.

Advisors at SMU

In the Title IX procedure, each party may have an advisor of their choice present throughout the proceedings. Advisors “serve in a support role and may not act or speak on behalf of the parties”, except that at the live hearing an advisor conducts cross-examination for the party. A party may never cross-examine personally. If a party has no advisor at the hearing, SMU must provide one at no charge, an advisor of SMU’s choosing “who may be, but is not required to be, an attorney”.

In the Not Title IX procedure, each party may also have an advisor of choice throughout. The advisor serves in a support role and may not act or speak on behalf of the party. There is no live hearing and no cross-examination. Neither procedure says whether the advisor you choose may or may not be an attorney.

Interim Measures and Records at SMU

Both procedures provide supportive measures to the complainant or respondent before or after a complaint is filed, or when none is filed. They are non-disciplinary and free of charge. Examples include counseling, deadline extensions, schedule changes, campus escorts, mutual no-contact restrictions, and changes in housing or work location. Contact the Title IX Coordinator to request them.

Policy 3.3 also allows interim protective steps, such as a no-contact order. During or after an investigation or hearing, the Vice President for Student Affairs or a designee may restrict a student-respondent from classes, campus housing or campus. This requires a reasonable belief that the alleged harassment occurred and that the respondent could retaliate against or harm members of the community. Policy 3.3 also allows emergency removal after an individualized safety and risk analysis finds an immediate threat to physical health or safety. The respondent gets notice and an immediate opportunity to challenge the removal. SMU’s resource materials also mention temporary suspension as an interim step.

Both procedures say that if a respondent withdraws or graduates with a complaint pending, SMU “must not end the grievance process or issue a transcript to the student until the University makes a final determination of responsibility”. SMU must also expedite the process as needed.

If a student is ineligible to reenroll for a reason other than an academic or financial one, SMU puts a transcript notation saying so. On the student’s request, SMU may remove it if the student is eligible to reenroll or SMU finds good cause. Expulsion is permanently recorded on the transcript. A suspension and its dates are recorded and the notation stays while the student is enrolled. It is removed three years after graduation, or three years after the anticipated graduation date if the student leaves early. Sanctions are included in the formal conduct record. Students involved in a sexual harassment case may qualify for amnesty for other Student Code of Conduct violations.

Support for SMU Student Respondents

SMU says its resources are available to all students, including students accused of sexual harassment.

Confidential

• SMU Counseling Services offers confidential counseling from counselors who specialize in sexual harassment issues.
• SMU Chaplain’s Office offers confidential counseling.
• A counselor in the SMU Health Center can arrange confidential crisis counseling.

SMU says these resources must honor confidentiality except in very limited circumstances, such as an imminent danger to oneself or others, or reporting only the type of incident to the Title IX Coordinator.

Not confidential

• The Title IX Coordinator provides information about SMU and community resources and handles supportive measure requests.
• The Office of Student Advocacy and Support offers support and information about resources and options. SMU lists it among the campus officials who must report, not among the confidential resources.
• SMU Police handle emergencies and criminal reporting.

For complainants only

The SANE exam at the SMU Health Center, hospital accompaniment, and help with protective orders are described for people who experienced sexual assault or other victims. Remedies after a finding of responsibility are provided to the complainant.

For background, see our Texas Title IX defense attorney page and our Title IX investigation guide.

Texas Law in Brief

Texas law generally requires employees of Texas colleges and universities to promptly report to the Title IX coordinator any incident they reasonably believe is sexual harassment, sexual assault, dating violence or stalking involving a student or employee, with exceptions such as confidential employees. For public and private schools alike, a student who is ineligible to reenroll for a reason other than an academic or financial one must have a notation of that on the transcript. On request, the school may remove it if the student becomes eligible to reenroll or the school finds good cause. If a student withdraws or graduates while a charge of this kind is pending, the school may not end the disciplinary process or issue a transcript until it makes a final determination of responsibility, and it must give information about such a determination to another college that asks. See our Texas Title IX page for the full state-law section.

Official SMU Title IX Resources

• SMU Office of Equal Opportunity
• SMU Policy 3.3 Title IX Sexual Harassment
• SMU Title IX Sexual Harassment Grievance Procedure for Students
• SMU Sexual Harassment (Not Title IX) Grievance Procedure for Students
• SMU Sexual Harassment: Confidential help

Last verified: October 2026

Frequently Asked Questions About SMU Title IX Cases

Which SMU office will contact me?

For a Title IX or Not Title IX sexual harassment complaint, SMU’s documents point to the Title IX Coordinator in the Office of Equal Opportunity. The Office of Student Conduct and Community Standards and the Dean of Students also have roles in the process. If it is not clear which procedure applies, ask the Office of Equal Opportunity.

Is the Office of Equal Opportunity confidential?

No. SMU lists Counseling Services and the Chaplain’s Office as its confidential campus resources, and says all faculty and staff must report sexual harassment to the Title IX Coordinator. SMU does say it treats complaints and related proceedings as confidential and shares information only as needed for the investigation and handling.

Can a lawyer be my advisor?

Both procedures say you may have an advisor of your choice and do not say whether that person may be an attorney. In the Title IX procedure, if you have no advisor at the live hearing, SMU must provide one at no charge to cross-examine for you, and that advisor may be, but need not be, an attorney. Advisors otherwise serve in a support role and may not speak or act for you.

How long do I have to appeal?

Both procedures require a written request to the Dean of Students within 3 days of receiving the determination and recommended sanctions. Each procedure defines a day as a calendar day, excluding when the University is officially closed. The Dean of Students may grant or deny the request.

What happens if I withdraw while the case is pending?

Both procedures say SMU must not end the grievance process or issue you a transcript until it makes a final determination of responsibility. SMU must also expedite the process as needed for both you and the complainant.

Will this go on my transcript?

It depends on the outcome. Expulsion is permanently recorded on the transcript. A suspension and its dates are recorded and removed three years after graduation, or three years after the anticipated graduation date if you leave early. A notation that you are ineligible to reenroll for a reason other than an academic or financial one may be removed on your request if you become eligible or SMU finds good cause.

Can the case be resolved informally?

Yes, in some cases. After a formal complaint is filed, the parties may choose informal resolution, which SMU may facilitate at any time before a determination. Either party can withdraw before agreeing and return to the grievance process. The Title IX procedure says informal resolution cannot be used for allegations filed by students against faculty or staff.