A Title IX complaint dismissed by the school can leave both sides unsure what happens next. The respondent may read it as a full clearance, while the complainant may read it as the end of the matter. In many cases neither reading is complete, because the same facts can be routed to a different campus policy after the Title IX track closes.
This article explains mandatory and discretionary dismissal, how referral to other conduct codes works, and what records to request in writing. Federal language here comes from the 2020 Title IX rule grievance framework for covered sexual-harassment matters, as codified in the 2023 Code of Federal Regulations. The Department of Education states that the 2020 Title IX Rule is now back in effect and is the basis for OCR enforcement after the 2024 rule was vacated on January 9, 2025. Policies vary by school, so confirm each step against your written campus code. For background on how cases move before dismissal, see the broader defense stages described in the site coverage of defending against false allegations.
Mandatory Dismissal Under Section 106.45(b)(3)
Some complaints must be dismissed for Title IX purposes when the allegations fall outside the federal definition or jurisdiction. This is a scope decision, not a credibility finding.
The Three Stated Grounds
The regulation provides that the recipient must dismiss the formal complaint when the alleged conduct would not constitute sexual harassment as defined even if proved, did not occur in the education program or activity, or did not occur against a person in the United States, as stated in the Section 106.45 mandatory dismissal provision. Each ground is narrow. Students should ask the letter to identify which ground the school applied and which facts it relied on for that ground.
What Mandatory Dismissal Does Not Decide
A mandatory dismissal does not decide whether the conduct happened or whether another policy was violated. It decides only that the conduct as alleged does not proceed under the Title IX grievance rules. That distinction matters because the next letter a student receives may open a case under a different code using the same report.
Discretionary Dismissal And Referral To Other Policies
Other dismissals are permitted but not required during the investigation or hearing. After either type of dismissal, the conduct may still be addressed elsewhere.
When A School May Dismiss
The regulation permits dismissal when a complainant notifies the coordinator in writing of a wish to withdraw, among other stated circumstances, as described in the Section 106.45 discretionary dismissal provision. Schools apply this paragraph through their own procedures, so students should ask which circumstance the school invoked and whether the dismissal covers the full complaint or only specific allegations.
How Referral To Another Code Works
Penn State Policy AD85 offers a clear example of dismissal routing. It states that when the initial assessment finds the alleged conduct would not constitute covered conduct even if true, did not occur in the education program or activity, or did not occur against a person in the United States, then the university must dismiss the formal complaint for purposes of that policy, as published in Penn State Policy AD85. The same policy framework then points dismissed matters toward other applicable codes such as student conduct provisions. Students at any school should ask the parallel question in writing. Under which policy, if any, will the facts now be reviewed, who is the new decision maker, and which procedures and sanction ranges apply.
Informal Resolution Limits After Dismissal
Dismissal sometimes prompts a question about mediation or another informal path. The federal rules place clear limits on when informal resolution is available.
A Filed Formal Complaint Is The Starting Point
The regulation provides that a school may not require participation in informal resolution and may not offer the process unless a formal complaint is filed, as stated in the Section 106.45 informal resolution provision. After a dismissal, students should ask whether any proposed informal path sits under Title IX or under a different campus policy, because the answer changes the consent, withdrawal, and record rules.
The Employee On Student Bar
The rule further provides that informal resolution may not be used to resolve allegations that an employee sexually harassed a student, as stated in the Section 106.45 employee bar provision. Cases with that posture need a different track. Students considering any alternative process can review mediation and alternative dispute resolution for general context, then confirm in writing which campus policy governs their specific matter.
Records Checklist: What To Request In Writing
A dismissal letter should create a clean record, not a vague one. The goal is to preserve appeal rights, prevent duplicate fact finding disputes, and prepare for any second track under another code.
Checklist: Five Written Requests To Make Now
- Request the dismissal notice with reasons. Ask for the dismissal ground, the facts relied on, and whether the dismissal is mandatory or discretionary under the cited paragraph.
- Request the appeal instructions. The regulation requires that both parties be offered an appeal from a dismissal on stated bases including procedural irregularity, new evidence, and bias or conflict of interest. Ask for the appeal route, form, and school set response time.
- Request the referral statement. Ask whether the matter is closed fully or referred to another policy, and if referred, ask for the policy name, case number, decision maker, and applicable procedures.
- Request the evidence status. Ask what happens to gathered evidence and the investigative record, how to access it, and whether it will transfer to any new case file.
- Preserve your own file. Save the report, notices, evidence access logs, responses submitted, the dismissal letter, and every appeal or referral notice. Store copies outside any campus account that could lose access at graduation or withdrawal. A Title IX defense lawyer can help assess which records matter most under the campus policy.
Frequently Asked Questions About Dismissed Title IX Complaints
Does dismissal on scope grounds mean no policy was violated?
No. A Title IX dismissal decides only that the matter will not proceed under the Title IX grievance rules on the stated ground. Another campus code may use different definitions and reach a different result on the same facts. Read the letter for the stated ground and any referral language.
Can the school still investigate the same facts under another policy?
Often yes, if another written policy covers the conduct. Ask which policy applies, who decides, what procedures will be used, and whether prior evidence will carry over. Do not assume Title IX timelines or hearing rights transfer to the new track.
Should I appeal the dismissal or prepare for the other process?
Check the appeal bases and the school set filing route first. An appeal challenges the dismissal decision itself, while preparation for a referred matter addresses the facts under a different standard. Many students need to do both on parallel tracks, so calendar each deadline separately and keep the filings distinct.
What if I want informal resolution after dismissal?
Ask whether informal resolution is offered under Title IX or under the receiving policy, whether participation is voluntary, whether you may withdraw, and what record the outcome creates. Get those answers in writing before agreeing to participate. To discuss options under your specific policy, you can contact the defense team for guidance tailored to the facts.
Disclaimer: This article provides general information and is not legal advice. Rules and deadlines depend on the institution, jurisdiction, and circumstances. Reading this article or contacting the firm does not by itself create an attorney-client relationship.
