Texas State Title IX Lawyer

This page is for Texas State University students, and their parents, who have been contacted by the Texas State Title IX office about an allegation of sexual harassment, sexual assault, dating violence, stalking or other sexual misconduct. It explains what Texas State’s own policy documents say about the process, the deadlines and the support available to the accused student (the respondent). If you are looking for a Texas State Title IX lawyer, start with these documents. Texas state law is covered on our Texas Title IX defense attorney page.

The Texas State Offices That Handle These Cases

Office of Equal Opportunity and Title IX

The campus office is the Office of Equal Opportunity and Title IX, on the San Marcos campus in Elliott Hall A, 3rd floor. It is led by the Assistant Vice President for Equal Opportunity and Title IX, who is the Title IX Coordinator. The office says it manages Title IX programs and investigates claims of discrimination and sexual misconduct. It describes its role as supporting the community “in a neutral role”, meaning every member of the community can use its resources.

Neutral does not mean confidential. Texas State’s resources page places the Title IX Coordinator among the resources that share sexual misconduct information when the law requires it or when it is needed to investigate a claim. Under the policy, the Coordinator classifies each matter, conducts the administrative investigation and coordinates supportive measures. The Coordinator may not serve as Decision Maker, Informal Resolution Facilitator or Appellate Authority.

Student conduct and the Dean of Students

The TSUS policy shows where the Dean of Students fits. In the Non-Title IX process, the Dean of Students issues sanctions for student respondents and receives copies of hearing and appeal decisions. If an allegation does not meet the policy’s definition of Sexual Misconduct, Texas State may address it through the applicable code of conduct process. The Texas State catalog says Texas State publishes a Code of Student Conduct and Honor Code. The policy says it supersedes conflicting sexual misconduct procedures in other campus policies.

Which Texas State Document Applies to Your Case

The governing document is the Texas State University System (TSUS) Sexual Misconduct Policy and Procedures, adopted August 12, 2022. The TSUS policies page lists it as updated August 2022. The PDF files posted on the TSUS website carry 2025 and 2026 in their file names, but the text is the same and every page says adopted August 12, 2022. It applies to every TSUS component, including Texas State, and the Texas State catalog says it outlines the university’s Title IX (sexual misconduct) policy and procedure. The policy is reviewed every two years, so check that you have the current version.

The catalog also refers to University Policy and Procedure Statement 04.04.46, Prohibition of Discrimination, as the general grievance procedure for discrimination and harassment complaints.

Section 1.4 of the policy sets which version governs:

• All Sexual Misconduct on or after the policy’s effective date.
• All Title IX Sexual Harassment, whenever it occurred or was reported.
• Older Non-Title IX Sexual Misconduct, under the policy in effect when it happened. If the conduct spanned a period of time, the policy in effect at the last incident applies.

The policy sets two procedures. The Title IX Coordinator classifies each allegation, and may do so at any point in the process. It is Title IX Sexual Harassment only if three things are true. The conduct meets the policy’s definition of Title IX Sexual Harassment. It was against a person participating or trying to participate in a Texas State education program or activity. And it was against a person located in the United States. Other conduct that meets the policy’s definitions is handled as Non-Title IX Sexual Misconduct. A Formal Complaint that does not meet all three is dismissed from the Title IX process and may be handled under the Non-Title IX provisions. Your own notice states the conduct alleged as Title IX Sexual Harassment or as Non-Title IX Sexual Misconduct, so read it to see which procedure is being used.

The Texas State Process Step by Step

The policy says the process, not counting appeals, will generally be completed within 120 calendar days of the date a Complaint or Report is submitted (section 3.4). The Title IX Coordinator may change any deadline in the policy for good cause, including complexity and semester breaks (section 3.5). Deadlines below are the policy’s, stated in its own units.

Report or Formal Complaint

Anyone can report to the Title IX Coordinator, a Responsible Employee, campus police or other listed sources. In a Title IX Sexual Harassment matter, a Formal Complaint is filed with, or signed by, the Title IX Coordinator. Texas State says a signed form is required to start that process. In a Non-Title IX matter, the starting point is a Report.

Initial assessment and dismissal

Dismissal is mandatory when a Formal Complaint does not meet the Title IX definition. It is optional if the complainant withdraws in writing, if the respondent is no longer enrolled or employed, or if circumstances prevent gathering enough evidence. Non-Title IX allegations can also be dismissed if the complainant withdraws or evidence cannot be gathered. A dismissed matter may be transferred to another disciplinary process. Both parties get prompt written notice of any dismissal, the reasons, and how to appeal it.

Notice of Allegations

Both procedures require a written Notice of Allegations. It must describe the grievance process (including informal resolution), the details known at the time, the identities of the parties, the conduct alleged, and the date and location. It must also say that parties may inspect evidence, that knowingly making false statements is prohibited, that you may have an advisor, and that supportive measures are available. The Title IX notice must also state that the respondent “is presumed not responsible for the alleged conduct”.

Informal resolution

Informal resolution is available once a Formal Complaint (Title IX) or Report (Non-Title IX) exists. It requires all of the following:

• Both parties consent in writing.
• Both are students or both are employees.
• The Title IX Coordinator agrees it is appropriate.
• The parties have received written notice of what it involves.

Either party may withdraw consent before an agreement is reached and resume the regular process. The session is not recorded, and statements made in it cannot be used for or against either party if the process resumes. An agreement is written and signed by both parties.

Investigation and evidence review

The Investigator gives written notice of interviews and meetings. Both parties may present fact and expert witnesses and evidence that supports or undermines the allegations. The burden of proof and of gathering evidence is on Texas State, not the parties, and a party’s treatment records cannot be used without that party’s consent. After fact finding ends, each party has 10 calendar days to inspect, review and respond to the evidence, under section 7.7.6.1 (Title IX) and section 8.3.6.1 (Non-Title IX). The Investigator must consider any written response before finishing the Investigative Report.

Title IX Sexual Harassment: report and live hearing

The Title IX Coordinator sends the Notice of Hearing and the Investigative Report to both parties and their advisors at least 10 calendar days before the hearing. Responses, documents, witness names and questions should reach the Decision Maker no later than 3 calendar days before the hearing, and only documents submitted that way are considered. The Decision Maker cannot be the Title IX Coordinator or the Investigator. Advisors conduct cross-examination orally and in real time, and the Decision Maker rules on whether each question is relevant. Hearings may be held virtually at Texas State’s discretion, and either party may ask to be in a separate room. The hearing is recorded or transcribed, and the parties may review the recording or transcript. The Decision Maker then issues a written determination and any sanction to both parties at the same time.

Non-Title IX Sexual Misconduct: finding, sanctions and hearing

Here the Title IX Coordinator makes the written Finding and, if there is a violation, recommends sanctions. For a student, the Dean of Students issues the sanctions. A student who disputes the Finding or sanction must send a written request for a hearing to the Title IX Coordinator within 7 calendar days. Parties submit written questions to the Decision Maker rather than cross-examining. The Decision Maker may uphold, reject or modify the Finding and sanctions, or send the matter back for more investigation.

Standard of proof and sanctions

Both procedures use the “preponderance of the evidence standard”, meaning it is more likely than not that the conduct occurred. Sanctions depend on the nature and gravity of the conduct and any prior sexual misconduct discipline. The listed student sanctions include:

• no-contact orders
• probation
• expulsion from campus housing
• restricted access to activities or facilities
• mandated counseling
• revocation of admission or degree
• withholding of official transcript or degree
• a bar against readmission
• suspension, deferred suspension and expulsion
• written warning

The list is not limited to these.

Appeals

In the Title IX procedure (section 7.21), both parties may appeal a determination or a dismissal. The written request, with supporting information, goes to the Appellate Authority within 10 calendar days of issuance of the decision. Texas State must notify the other party within 5 calendar days, and that party has 7 calendar days to submit a written statement. A written decision is due within 21 calendar days from the date the notice is issued, and it is final.

In the Non-Title IX procedure (section 9), either party may appeal the hearing decision in writing, with all supporting information, to the Chief Student Affairs Officer or designee within 5 calendar days of the hearing decision. The other party may respond within 5 calendar days. That decision is final. The Appellate Authority may modify these deadlines for good cause.

Both procedures allow the same four grounds:

• A procedural irregularity that affected the outcome.
• New evidence that was not reasonably available earlier and could affect the outcome.
• A conflict of interest or bias that affected the outcome.
• A sanction that is substantially disproportionate to the written decision.

In the Title IX procedure, no sanction is implemented until the appeal ends or the time to appeal passes. The Non-Title IX procedure has the same rule, except the Campus Administrator imposing the sanction may implement it earlier for good cause.

Advisors at Texas State

In a Title IX Sexual Harassment matter, you may bring an advisor of your choice to any related meeting, interview or proceeding. The notice states the advisor may be someone who “may be, but is not required to be, an attorney”. The advisor may give support, guidance or advice but may not otherwise take part directly, except to conduct cross-examination at a live hearing. Each party must have an advisor to cross-examine. If you have none, Texas State appoints one at no cost for that limited purpose. It is not required to appoint an attorney. Advisors are asked to meet with the Title IX Coordinator about hearing procedure before the hearing.

In a Non-Title IX matter, you may also choose an advisor, who may be an attorney, but Texas State is not required to appoint one. The policy’s glossary says an advisor may not directly participate in a meeting, hearing or proceeding. It adds that an advisor may not conduct oral cross-examination in a Non-Title IX hearing, where questions go through the Decision Maker.

Interim Measures, Transcripts and Records at Texas State

Supportive measures are non-disciplinary, non-punitive services offered to both complainants and respondents, at no charge, with or without a formal case. Examples in the policy include counseling, deadline extensions, schedule changes, campus escort, mutual no-contact restrictions, changes in housing or work location, leaves of absence and restrictions from certain activities or facilities. Texas State gives no-contact orders, academic support and housing changes as examples. Failing to follow a supportive measure can be a separate policy violation.

Texas State may remove a respondent from its education program or activity on an emergency basis before a final decision. That requires an individualized safety and risk analysis and a finding of an immediate threat to someone’s physical health or safety arising from the allegations. The respondent must receive notice and an immediate opportunity to challenge the removal. No hearing is required, and the burden is on the respondent to show why it should be rescinded.

Withholding a transcript or degree is a listed sanction. If a student withdraws or graduates while a charge is pending, Texas State may not end the process or issue a transcript until that determination is made. On request, it must give another college information about a determination that a student violated the policy. The policy says nothing about transcript notations.

Texas State must keep records of allegations, investigations, hearings, appeals, sanctions and informal resolutions for seven years, or longer if the law or a records schedule requires.

Support for Respondents at Texas State

Texas State’s list of confidential campus resources is on a page written for victims, so it is a complainant resource page. Its confidential list says those resources share nothing unless someone is in immediate danger. The list includes:

• Counseling Center: free, confidential counseling for all currently enrolled students.
• Student Health Center: confidential medical services, including testing.
• Attorney for Students: listed as confidential. Ask that office what help it can give a respondent.

The non-confidential resources share only what the law requires or what an investigation needs. These are the Title IX Coordinator, the University Police Department and the Dean of Students Office. The university’s local community resources, such as victim services, advocacy programs and legal aid for survivors, are aimed at complainants.

Texas Law in Brief

Texas Education Code section 51.252 generally requires postsecondary employees acting within their jobs to promptly tell the Title IX coordinator about incidents they reasonably believe are sexual harassment, sexual assault, dating violence or stalking involving a student or employee, with exceptions such as confidential employees. Section 51.9364 says that if a student is ineligible to reenroll for a reason other than an academic or financial one, the school must note that on the transcript, and it may remove the note on the student’s request if the student becomes eligible or there is good cause. Section 51.287 says that if a student withdraws or graduates while a charge is pending, the school may not end the disciplinary process or issue a transcript until it finally decides responsibility, and it must share information about such a determination with another school on request. The full state-law section is on our Texas Title IX page.

Related pages: our Texas Title IX defense attorney page, our Austin Title IX lawyer page and our Title IX investigation guide.

Official Texas State Title IX Resources

• Texas State Office of Equal Opportunity and Title IX
• Texas State: Sexual Misconduct
• Texas State University System policies (Sexual Misconduct Policy)
• TSUS Title IX (Sexual Misconduct)

Last verified: October 2026

Frequently Asked Questions About Texas State Title IX Cases

Which office will contact me?

The Office of Equal Opportunity and Title IX, led by the Title IX Coordinator, handles these matters at Texas State. The policy requires written notice of the allegations, and the investigator gives written notice of interviews and meetings. Read each notice for the procedure, the deadlines and the contact information.

Is the Title IX office confidential?

No. The office describes itself as neutral, and the Title IX Coordinator shares sexual misconduct information when the law requires it or an investigation needs it. The Counseling Center and Student Health Center are listed as confidential campus resources.

Can a lawyer be my advisor?

Yes, under both procedures an advisor may be an attorney, but is not required to be. In a Title IX Sexual Harassment hearing, the advisor conducts cross-examination and otherwise only gives support, guidance or advice. If you have no advisor for that hearing, Texas State appoints one for cross-examination at no cost, but is not required to appoint an attorney.

How long do I have to appeal?

In the Title IX Sexual Harassment procedure, 10 calendar days from issuance of the decision. In the Non-Title IX procedure, you have 7 calendar days to request a hearing from the Title IX Coordinator, and then 5 calendar days to appeal the hearing decision. Deadlines can be modified for good cause, so rely on the dates in your own written decision.

What happens if I withdraw?

Withdrawing or graduating while a charge is pending does not end the process. Under section 5.5.2.1, Texas State may not end the disciplinary process or issue you a transcript until it makes a final determination of responsibility. Texas State can dismiss a Title IX Formal Complaint if the respondent is no longer enrolled, but the matter may then be transferred to the Non-Title IX process.

Will this go on my transcript?

The policy does not describe transcript notations, but it lists withholding of an official transcript or degree as a possible sanction. Texas law, summarized above, addresses transcript notations for students ineligible to reenroll. Texas State must keep case records for seven years, or longer if the law or a records schedule requires.

Can the case be resolved informally?

Sometimes. It requires both parties’ written consent, both to be students (or both employees), and the Title IX Coordinator’s agreement. Either party can withdraw consent before an agreement is reached and return to the regular process.