Title IX Investigations & Timeline

A Title IX investigation is the process a university uses to respond to a formal complaint of sexual harassment, under the federal regulation at 34 C.F.R. 106.45 (34 C.F.R. 106.44(b)(1)). Title IX is the federal law against sex discrimination in education programs and activities that receive federal financial assistance (34 C.F.R. 106.1). This page is for a college student, or a student’s parent, who has just learned that the student is the respondent (the person accused) in a Title IX matter. If you’re trying to better understand the Title IX process, the Title IX investigation timeline, or what a Title IX investigation is, this page is for you.

The federal rules have changed several times since 2020. This page reflects the regulation text in force as of October 2026. It is general, national information and is not about any one particular school or university. Each school must adopt and publish its own grievance procedures (34 C.F.R. 106.8(c)). They’re very likely posted on your university’s website, but you need to read your own school’s policy and your own written notice if you’re being investigated for Title IX misconduct.

These are NOT just minor procedural details.

Decisions made early in an investigation, including what to say, what evidence to preserve and present, which witnesses to identify, and how to respond to the university’s evidence, can affect the course of the entire case.

You’d be surprised how often we see universities and faculty members NOT follow every requirement of Title IX federal law, or even their own published procedures. Do not assume that every step of the process is being handled correctly simply because the university is administering it.

Which Title IX rules apply now, a short history

The Department of Education issued the 2020 Title IX rule on May 19, 2020, and it took effect August 14, 2020 (85 FR 30026). The Department issued a different rule in 2024 (89 FR 33474, Apr. 29, 2024). A federal court in the Eastern District of Kentucky vacated the 2024 rule in full on January 9, 2025 (Tennessee v. Cardona), and a federal court in the Northern District of Texas did the same on February 19, 2025. The appeals were dismissed in May 2026, so the vacatur is final (91 FR 61308).

On February 4, 2025, the Department’s Office for Civil Rights said it would enforce Title IX under the 2020 rule rather than the 2024 rule. The same letter said open investigations begun under the 2024 rule should be immediately reevaluated for consistency with the 2020 rule (Department of Education letter, February 4, 2025). On September 29, 2026, the Department repealed the 2024 rule and restored the earlier regulation text, with four small exceptions, effective that day (91 FR 61308). One exception: a 2020 hearing sentence that a federal court vacated in 2021 was not restored (91 FR 61308).

Because the rules changed more than once, a school may have revised its policy more than once. Look at your notice and check which version of your school’s policy it cites. If the notice cites a policy written for the 2024 rule, ask the Title IX Coordinator which policy your school is following now.

Any rules a school adds to its grievance process beyond what the regulation requires must apply equally to both parties (34 C.F.R. 106.45(b)).

What triggers a Title IX investigation

A report to the Title IX Coordinator

Every school that receives federal funding must designate a Title IX Coordinator (34 C.F.R. 106.8(a)). Any person may report sexual harassment to the Title IX Coordinator, whether or not that person is the one alleged to have been harmed (34 C.F.R. 106.8(a)). A report may be made in person, by mail, by telephone, by electronic mail, or by any other means that results in the Title IX Coordinator receiving it (34 C.F.R. 106.8(a)).

Actual knowledge and the school’s duty to respond

A school with actual knowledge of sexual harassment in its education program or activity against a person in the United States must respond promptly in a manner that is not deliberately indifferent (34 C.F.R. 106.44(a)). Actual knowledge means notice to the Title IX Coordinator, to an official with authority to institute corrective measures, or, at an elementary or secondary school, to any employee (34 C.F.R. 106.30).

The Title IX Coordinator must promptly contact the complainant to discuss supportive measures, consider the complainant’s wishes, explain that supportive measures are available with or without a formal complaint, and explain how to file a formal complaint (34 C.F.R. 106.44(a)).

A report is not a formal complaint

A report tells the university about possible sexual harassment or misconduct. A formal complaint is a separate document that asks the school to investigate (34 C.F.R. 106.30). The grievance process in 34 C.F.R. 106.45 is the school’s response to a formal complaint (34 C.F.R. 106.44(b)(1)). The school may not impose disciplinary sanctions on a respondent, or take other actions that are not supportive measures, without first following that process (34 C.F.R. 106.44(a)), apart from the emergency removal described below (34 C.F.R. 106.44(c)).

What counts as sexual harassment under the rule

The rule defines sexual harassment as conduct on the basis of sex that meets one or more of three parts (34 C.F.R. 106.30). In plain words:

• An employee of the school conditions an aid, benefit, or service on a person’s participation in unwelcome sexual conduct.
• Unwelcome conduct that a reasonable person would judge so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the school’s education program or activity.
• Sexual assault, dating violence, domestic violence, or stalking, as those terms are defined in the federal statutes the rule names.

Where the conduct happened

The education program or activity includes locations, events, or circumstances over which the school exercised substantial control over both the respondent and the context of the alleged harassment (34 C.F.R. 106.44(a)). At a college, it also includes a building owned or controlled by an officially recognized student organization (34 C.F.R. 106.44(a)). The conduct must also have been against a person in the United States (34 C.F.R. 106.45(b)(3)(i)).

Dismissal of a formal complaint

The school must investigate the allegations in a formal complaint (34 C.F.R. 106.45(b)(3)(i)). The school must dismiss the complaint, as to the conduct in question, in three situations (34 C.F.R. 106.45(b)(3)(i)):

• The conduct would not be sexual harassment under the rule even if proved.
• The conduct did not occur in the school’s education program or activity.
• The conduct did not occur against a person in the United States.

A required dismissal does not stop the school from acting under another provision of its code of conduct (34 C.F.R. 106.45(b)(3)(i)).

The school may dismiss a complaint or some allegations if the complainant withdraws them in writing to the Title IX Coordinator, if the respondent is no longer enrolled or employed by the school, or if specific circumstances prevent the school from gathering enough evidence to reach a determination (34 C.F.R. 106.45(b)(3)(ii)). After any dismissal, the school must promptly send written notice of the dismissal and the reasons to both parties at the same time (34 C.F.R. 106.45(b)(3)(iii)).

The formal complaint

A formal complaint is a document filed by a complainant, or signed by the Title IX Coordinator, that alleges sexual harassment against a respondent and asks the school to investigate (34 C.F.R. 106.30). When a complainant files it, the complainant must be participating in, or attempting to participate in, the school’s education program or activity (34 C.F.R. 106.30).

It may be filed with the Title IX Coordinator in person, by mail, or by electronic mail, and by any additional method the school designates (34 C.F.R. 106.30). When the Title IX Coordinator signs a formal complaint, the Title IX Coordinator does not become a complainant or a party (34 C.F.R. 106.30).

The notice of allegations

When your school receives a formal complaint, it must send written notice to the parties who are known (34 C.F.R. 106.45(b)(2)(i)). The notice has to cover the following:

• Your school’s grievance process, including any informal resolution process (34 C.F.R. 106.45(b)(2)(i)(A)).
• The allegations, with the details known at the time and “sufficient time to prepare a response before any initial interview” (34 C.F.R. 106.45(b)(2)(i)(B)).
• Those details include the identities of the parties, if known, the conduct allegedly constituting sexual harassment, and the date and location, if known (34 C.F.R. 106.45(b)(2)(i)(B)).
• A statement that the respondent is presumed not responsible for the alleged conduct and that a determination regarding responsibility is made at the conclusion of the grievance process (34 C.F.R. 106.45(b)(2)(i)(B)).
• A statement that the parties may have an advisor of their choice, who may be, but is not required to be, an attorney, and may inspect and review evidence (34 C.F.R. 106.45(b)(2)(i)(B)).
• Any provision in your school’s code of conduct that prohibits knowingly making false statements or knowingly submitting false information during the grievance process (34 C.F.R. 106.45(b)(2)(i)(B)).

If your school decides during the investigation to investigate allegations that were not in the first notice, it must send notice of the additional allegations to the parties whose identities are known (34 C.F.R. 106.45(b)(2)(ii)).

Evidence gathering and interviews

The burden of proof, and the burden of gathering enough evidence to reach a determination, rest on the university and not on the parties (34 C.F.R. 106.45(b)(5)(i)). Your school cannot access, consider, disclose, or use a party’s treatment records from a physician, psychiatrist, psychologist, or similar professional unless it obtains that party’s voluntary, written consent (34 C.F.R. 106.45(b)(5)(i)). If the party is not an eligible student under the education privacy rules, your school must obtain the written consent of a parent (34 C.F.R. 106.45(b)(5)(i)).

These rules also apply to how the university collects and weighs evidence:

• Your school must give the parties an equal opportunity to present witnesses, including fact and expert witnesses, and other evidence that points toward or away from responsibility (34 C.F.R. 106.45(b)(5)(ii)).
• Your school may not restrict either party’s ability to discuss the allegations under investigation or to gather and present relevant evidence (34 C.F.R. 106.45(b)(5)(iii)).
• A party whose participation is invited or expected must get written notice of the date, time, location, participants, and purpose of every hearing, investigative interview, or other meeting, with sufficient time to prepare (34 C.F.R. 106.45(b)(5)(v)).
• The process must require an objective evaluation of all relevant evidence, including evidence that points toward and away from responsibility, and credibility determinations may not be based on a person’s status as a complainant, respondent, or witness (34 C.F.R. 106.45(b)(1)(ii)).
• Your school may not require, allow, rely on, or use questions or evidence that seek information protected by a legally recognized privilege, unless the person holding the privilege has waived it (34 C.F.R. 106.45(b)(1)(x)).

The Title IX Coordinator, investigator, and decision-maker may not have a conflict of interest or bias for or against complainants or respondents generally or an individual complainant or respondent (34 C.F.R. 106.45(b)(1)(iii)).

The advisor

Each party may be accompanied to any related meeting or proceeding by an advisor of their choice, who may be, but is not required to be, an attorney (34 C.F.R. 106.45(b)(5)(iv)). Your school may not limit the choice or presence of the advisor for either party (34 C.F.R. 106.45(b)(5)(iv)). Your school may set restrictions on how far the advisor may participate, as long as the restrictions apply equally to both parties (34 C.F.R. 106.45(b)(5)(iv)).

At a college live hearing, if a party has no advisor present, your school must provide one without fee or charge to conduct cross-examination for that party (34 C.F.R. 106.45(b)(6)(i)). Parents keep any legal right they have to act on behalf of a party, including filing a formal complaint, subject to the federal education privacy rules (34 C.F.R. 106.6(g)).

Evidence review and the investigative report

The regulation sets two review periods, each stated as 10 days.

First review: the evidence

Your school must give both parties an equal opportunity to inspect and review the evidence obtained in the investigation that is directly related to the allegations. That includes evidence your school does not intend to rely on (34 C.F.R. 106.45(b)(5)(vi)). Before the investigative report is finished, your school must send each party and the party’s advisor, if any, that evidence in electronic or hard copy (34 C.F.R. 106.45(b)(5)(vi)). The regulation then says:

“the parties must have at least 10 days to submit a written response, which the investigator will consider prior to completion of the investigative report” (34 C.F.R. 106.45(b)(5)(vi)).

In plain words, this is your chance to respond in writing to the evidence before the investigator finishes the report, and the investigator will consider your response (34 C.F.R. 106.45(b)(5)(vi)). Your school must also make all of this evidence available at any hearing, so each party can refer to it, including for cross-examination (34 C.F.R. 106.45(b)(5)(vi)).

Second review: the report

Your school must create an investigative report that fairly summarizes relevant evidence and, in the regulation’s words,

“at least 10 days prior to a hearing (if a hearing is required under this section or otherwise provided) or other time of determination regarding responsibility, send to each party and the party’s advisor, if any, the investigative report in an electronic format or a hard copy, for their review and written response” (34 C.F.R. 106.45(b)(5)(vii)).

In plain words, you get the finished report and at least 10 days to review it and respond in writing before the hearing or before the decision-maker decides (34 C.F.R. 106.45(b)(5)(vii)).

Minimums, not the whole schedule

Both periods are stated as “at least” 10 days, so they are minimums (34 C.F.R. 106.45(b)(5)(vi) and (b)(5)(vii)). A school may add procedures beyond the federal minimum if they apply equally to both parties, so its policy may give more time (34 C.F.R. 106.45(b)). The regulation says 10 days without saying how days are counted, so look in your school’s policy for how it counts them and for the exact deadline in your notice.

The live hearing and cross-examination at colleges

For postsecondary institutions (colleges and universities, including graduate, professional, and vocational schools), the grievance process must provide for a live hearing (34 C.F.R. 106.45(b)(6)(i); 34 C.F.R. 106.30(b)). At the hearing, these rules apply:

• The decision-maker must permit each party’s advisor to ask the other party and any witnesses all relevant questions and follow-up questions, including questions challenging credibility (34 C.F.R. 106.45(b)(6)(i)).
• Cross-examination must be conducted directly, orally, and in real time by the party’s advisor of choice and “never by a party personally” (34 C.F.R. 106.45(b)(6)(i)).
• Only relevant questions may be asked. Before a person answers, the decision-maker must decide whether the question is relevant and explain any decision to exclude a question as not relevant (34 C.F.R. 106.45(b)(6)(i)).
• At the request of either party, your school must provide for the hearing to occur with the parties in separate rooms, with technology that lets the decision-maker and the parties see and hear the person answering at the same time (34 C.F.R. 106.45(b)(6)(i)).
• The hearing may be held with everyone in the same place or, at your school’s discretion, with any or all participants appearing virtually (34 C.F.R. 106.45(b)(6)(i)).
• Your school must create an audio or audiovisual recording, or a transcript, of the live hearing and make it available to the parties for inspection and review (34 C.F.R. 106.45(b)(6)(i)).

Questions about prior sexual behavior

Questions and evidence about the complainant’s sexual predisposition or prior sexual behavior are not relevant (34 C.F.R. 106.45(b)(6)(i)). There are two exceptions. The first is when they are offered to prove that someone other than the respondent committed the alleged conduct (34 C.F.R. 106.45(b)(6)(i)). The second is when they concern specific incidents of the complainant’s prior sexual behavior with the respondent and are offered to prove consent (34 C.F.R. 106.45(b)(6)(i)).

Elementary, secondary, and other non-college schools

Elementary and secondary schools, and other schools that are not postsecondary institutions, may but need not provide for a hearing (34 C.F.R. 106.45(b)(6)(ii)). With or without a hearing, after the investigative report is sent and before a determination, the decision-maker must let each party submit written, relevant questions for any party or witness, give each party the answers, and allow limited follow-up questions from each party (34 C.F.R. 106.45(b)(6)(ii)). The same rule on sexual predisposition and prior sexual behavior applies, with the same two exceptions (34 C.F.R. 106.45(b)(6)(ii)). The decision-maker must explain to the party who proposed a question any decision to exclude it as not relevant (34 C.F.R. 106.45(b)(6)(ii)).

The determination and the standard of evidence

The decision-maker may not be the same person as the Title IX Coordinator or the investigator (34 C.F.R. 106.45(b)(7)(i)). The decision-maker must issue a written determination regarding responsibility, applying your school’s stated standard of evidence (34 C.F.R. 106.45(b)(7)(i)).

Your school’s policy must state whether it uses the preponderance of the evidence standard or the clear and convincing evidence standard. It must apply the same standard to complaints against students and complaints against employees, including faculty, and to all formal complaints of sexual harassment (34 C.F.R. 106.45(b)(1)(vii)). The process must also include a presumption that the respondent is not responsible until a determination is made at the end of the grievance process (34 C.F.R. 106.45(b)(1)(iv)).

The written determination must include (34 C.F.R. 106.45(b)(7)(ii)):

• Identification of the allegations potentially constituting sexual harassment (34 C.F.R. 106.45(b)(7)(ii)(A)).
• A description of the procedural steps taken from the formal complaint through the determination (34 C.F.R. 106.45(b)(7)(ii)(B)).
• Findings of fact supporting the determination (34 C.F.R. 106.45(b)(7)(ii)(C)).
• Conclusions about how the code of conduct applies to the facts (34 C.F.R. 106.45(b)(7)(ii)(D)).
• A statement of, and rationale for, the result on each allegation, including any disciplinary sanctions imposed on the respondent and whether remedies will be provided to the complainant (34 C.F.R. 106.45(b)(7)(ii)(E)).
• The procedures and permissible bases for the parties to appeal (34 C.F.R. 106.45(b)(7)(ii)(F)).

The university must provide the written determination to the parties simultaneously (34 C.F.R. 106.45(b)(7)(iii)). The determination becomes final on the date your school provides the written result of the appeal, if an appeal is filed. If no appeal is filed, it becomes final on the date an appeal would no longer be timely (34 C.F.R. 106.45(b)(7)(iii)).

Your school’s policy must describe the range of possible disciplinary sanctions and remedies, or list them (34 C.F.R. 106.45(b)(1)(vi)). Look for that list in your school’s policy.

Appeals

Your school must offer both parties an appeal from a determination regarding responsibility, and from a dismissal of a formal complaint or any allegations in it, on three bases (34 C.F.R. 106.45(b)(8)(i)):

• “Procedural irregularity that affected the outcome of the matter” (34 C.F.R. 106.45(b)(8)(i)(A)).
• “New evidence that was not reasonably available at the time the determination regarding responsibility or dismissal was made, that could affect the outcome of the matter” (34 C.F.R. 106.45(b)(8)(i)(B)).
• “The Title IX Coordinator, investigator(s), or decision-maker(s) had a conflict of interest or bias for or against complainants or respondents generally or the individual complainant or respondent that affected the outcome of the matter” (34 C.F.R. 106.45(b)(8)(i)(C)).

A university may offer an appeal on additional bases, if it offers them equally to both parties (34 C.F.R. 106.45(b)(8)(ii)).

For every appeal, your school must do the following:

• Notify the other party in writing when an appeal is filed and apply the appeal procedures equally to both parties (34 C.F.R. 106.45(b)(8)(iii)(A)).
• Ensure the appeal decision-maker is not the original decision-maker, an investigator, or the Title IX Coordinator (34 C.F.R. 106.45(b)(8)(iii)(B)).
• Ensure the appeal decision-maker has no conflict of interest or bias and has the required training (34 C.F.R. 106.45(b)(8)(iii)(C)).
• Give both parties a reasonable, equal opportunity to submit a written statement supporting or challenging the outcome (34 C.F.R. 106.45(b)(8)(iii)(D)).
• Issue a written decision describing the result and the rationale, and give it to both parties at the same time (34 C.F.R. 106.45(b)(8)(iii)(E) and (F)).

The regulation does not give a number of days to file an appeal. It requires your school’s process to include reasonably prompt time frames for filing and resolving appeals (34 C.F.R. 106.45(b)(1)(v)). Your school sets the deadline, so find it in the policy and in the written determination.

Informal resolution

Your school may not offer an informal resolution process, such as mediation, unless a formal complaint has been filed (34 C.F.R. 106.45(b)(9)). It may not require the parties to take part (34 C.F.R. 106.45(b)(9)). It may facilitate informal resolution at any time before a determination if it does the following:

• It gives the parties written notice of the allegations, the requirements of the process, the circumstances in which it prevents the parties from resuming a formal complaint on the same allegations, and any consequences of taking part, including the records that will be kept or could be shared (34 C.F.R. 106.45(b)(9)(i)).
• It obtains the parties’ voluntary, written consent (34 C.F.R. 106.45(b)(9)(ii)).

Before agreeing to a resolution, either party has the right to withdraw and resume the grievance process (34 C.F.R. 106.45(b)(9)(i)). The school may not offer or facilitate informal resolution for allegations that an employee sexually harassed a student (34 C.F.R. 106.45(b)(9)(iii)).

Supportive measures

Supportive measures are non-disciplinary, non-punitive, individualized services offered as appropriate, as reasonably available, and without fee or charge. They are available to the complainant or the respondent, before or after a formal complaint is filed or when none has been filed (34 C.F.R. 106.30). They are designed to restore or preserve equal access to the education program or activity without unreasonably burdening the other party (34 C.F.R. 106.30).

The rule’s examples include counseling, deadline extensions and other course-related adjustments, changes to work or class schedules, campus escort services, mutual restrictions on contact, changes in work or housing locations, leaves of absence, and increased security and monitoring of certain areas of campus (34 C.F.R. 106.30). Your school’s policy must describe the range of supportive measures available to complainants and respondents (34 C.F.R. 106.45(b)(1)(ix)). Your school must keep supportive measures confidential, to the extent that doing so does not impair its ability to provide them (34 C.F.R. 106.30).

Emergency removal and administrative leave

A school may remove a respondent from its education program or activity on an emergency basis only if it meets three conditions (34 C.F.R. 106.44(c)):

• It undertakes an individualized safety and risk analysis.
• It determines that an immediate threat to the physical health or safety of any student or other individual, arising from the allegations, justifies removal.
• It gives the respondent notice and an opportunity to challenge the decision immediately following the removal.

This provision does not change rights under the Individuals with Disabilities Education Act, Section 504 of the Rehabilitation Act, or the Americans with Disabilities Act (34 C.F.R. 106.44(c)). A school may place a non-student employee respondent on administrative leave while the grievance process is pending (34 C.F.R. 106.44(d)).

Retaliation

No university or other person may intimidate, threaten, coerce, or discriminate against anyone to interfere with a right under Title IX. Nor may they do so because the person made a report or complaint, testified, assisted, or took part or refused to take part in an investigation, proceeding, or hearing (34 C.F.R. 106.71(a)). This protects respondents as well as complainants and witnesses. Charging someone with a code of conduct violation that arises from the same facts, to interfere with a right under Title IX, can also be retaliation (34 C.F.R. 106.71(a)).

Your school must keep confidential the identity of anyone who made a report, any complainant, any respondent, and any witness, with exceptions such as those permitted by the federal education privacy law or needed to carry out the investigation and hearing (34 C.F.R. 106.71(a)).

A school may charge someone with a code of conduct violation for making a materially false statement in bad faith during a grievance proceeding. That is not retaliation, but a determination of responsibility alone is not enough to conclude that a party made a materially false statement in bad faith (34 C.F.R. 106.71(b)(2)).

How long a Title IX investigation takes

The federal regulation does not set a number of days for a Title IX investigation. It requires your school’s grievance process to include “reasonably prompt time frames” for concluding the process, including filing and resolving appeals and informal resolution (34 C.F.R. 106.45(b)(1)(v)). The two 10-day periods described above are minimum review periods, not a limit on the length of the process (34 C.F.R. 106.45(b)(5)(vi) and (b)(5)(vii)).

Your school’s process must also allow a temporary delay or a limited extension of time frames for good cause, with written notice to the complainant and the respondent of the delay or extension and the reasons (34 C.F.R. 106.45(b)(1)(v)). The regulation says good cause may include considerations such as “the absence of a party, a party’s advisor, or a witness; concurrent law enforcement activity; or the need for language assistance or accommodation of disabilities” (34 C.F.R. 106.45(b)(1)(v)).

The 60-day figure you may see online

You may see a 60-day figure online, and an earlier version of this page said an investigation should not take longer than two months. That figure came from a 60-calendar-day reference in a Department of Education guidance letter dated April 4, 2011 (Dear Colleague Letter, April 4, 2011). The Department expressly withdrew that letter in a letter dated September 22, 2017, and no longer relies on it (85 FR 30026). In the 2020 rule, the Department required reasonably prompt time frames set by each school instead of a fixed number of days (85 FR 30026). The current regulation text does not contain a 60-day limit (34 C.F.R. 106.45(b)(1)(v)).

To find the time frames that apply to you, read your school’s Title IX policy and your written notice. Each school sets its own time frames, and a school that extends them must tell both parties in writing and give the reasons (34 C.F.R. 106.45(b)(1)(v)).

Your school and state

Schools write their own Title IX policies, so the details that matter most to you are in your school’s policy. Start with our Title IX lawyers by state page, which links to every state page and the school guides under it. Pages are available for California, Texas, New York, Florida, and Pennsylvania. Each school guide is about that school’s own policy. We also have system pages for the University of California, California State University, and CUNY.

Official Sources for This Guide

• 34 C.F.R. 106.45: Grievance process for formal complaints of sexual harassment (eCFR)
• 34 C.F.R. 106.44: Recipient’s response to sexual harassment (eCFR)
• 34 C.F.R. 106.30: Definitions (eCFR)
• 34 C.F.R. 106.71: Retaliation (eCFR)
• Recodification of Title IX Rules, 91 FR 61308 (September 29, 2026) (Federal Register)
• U.S. Department of Education, Office for Civil Rights, Dear Colleague Letter of February 4, 2025 (ed.gov)

Last verified: October 2026

Title IX Investigation FAQ

What is a Title IX investigation?

A Title IX investigation is a school’s process for responding to a formal complaint of sexual harassment under 34 C.F.R. 106.45 (34 C.F.R. 106.44(b)(1)). Title IX is sometimes written as Title 9. Throughout the process the respondent is presumed not responsible until a determination is made at the end (34 C.F.R. 106.45(b)(1)(iv)).

How long does a Title IX investigation take?

The regulation sets no fixed number of days. It requires your school’s process to include reasonably prompt time frames and to allow delays or limited extensions for good cause, with written notice to both parties (34 C.F.R. 106.45(b)(1)(v)). Your school’s policy and your notice are where to find the time frames that apply to you.

Is there a 60-day limit on Title IX investigations?

No. The 60-day figure came from a 2011 Department guidance letter that the Department withdrew on September 22, 2017 (85 FR 30026). The current regulation requires reasonably prompt time frames and does not contain a 60-day limit (34 C.F.R. 106.45(b)(1)(v)).

What are the steps of the Title IX process, in order?

Someone reports to the Title IX Coordinator, and the Title IX Coordinator contacts the complainant about supportive measures (34 C.F.R. 106.8(a); 34 C.F.R. 106.44(a)). A formal complaint is filed by the complainant or signed by the Title IX Coordinator (a report alone does not start the grievance process), and your school sends both parties written notice of the allegations (34 C.F.R. 106.30; 34 C.F.R. 106.45(b)(2)(i)). Your school investigates, gives the parties the evidence and at least 10 days to respond, sends the investigative report at least 10 days before a hearing or the time of determination, and holds a live hearing at a college or allows written questions at other schools (34 C.F.R. 106.45(b)(5)(vi); 34 C.F.R. 106.45(b)(5)(vii); 34 C.F.R. 106.45(b)(6)). The decision-maker then issues a written determination, and both parties may appeal (34 C.F.R. 106.45(b)(7); 34 C.F.R. 106.45(b)(8)).

Do I have to talk to the Title IX investigator?

The burden of gathering evidence rests on your school and not on the parties (34 C.F.R. 106.45(b)(5)(i)). The rule also protects a person from retaliation for taking part or for refusing to take part in an investigation (34 C.F.R. 106.71(a)). Your school’s policy may say more about interviews and about what happens if a party does not take part, so read it before you decide.

Can I have a lawyer in a Title IX investigation?

You may have an advisor of your choice at any meeting or proceeding, and the advisor may be, but is not required to be, an attorney (34 C.F.R. 106.45(b)(5)(iv)). Your school may restrict how far advisors take part, if the restrictions apply equally to both parties (34 C.F.R. 106.45(b)(5)(iv)). At a college live hearing, your advisor conducts cross-examination, and if you have none, your school must provide one without fee or charge (34 C.F.R. 106.45(b)(6)(i)).

Will I see the evidence against me?

The university MUST give both parties an equal opportunity to inspect and review the evidence directly related to the allegations, including evidence it does not intend to rely on (34 C.F.R. 106.45(b)(5)(vi)). You must have at least 10 days to submit a written response before the investigative report is completed (34 C.F.R. 106.45(b)(5)(vi)). Your school must also send you the investigative report at least 10 days before a hearing or the time of determination (34 C.F.R. 106.45(b)(5)(vii)).

Can I appeal a Title IX decision?

Yes. Your school must offer both parties an appeal from a determination regarding responsibility, and from a dismissal, on three required bases, and it may offer more bases if it offers them equally (34 C.F.R. 106.45(b)(8)(i) and (ii)). The regulation does not set the appeal deadline, so check the written determination and your school’s policy for it (34 C.F.R. 106.45(b)(1)(v)).

Having an experienced Title IX defense lawyer in your corner

The sooner you have an experienced Title IX attorney advisor on your side, the better positioned you are to protect your rights, preserve evidence, address procedural problems, and build your defense before the investigation gets too far down the road.

If you or your child has already had an informal investigation and still don’t have an attorney advisor, it’s not too late. You have rights. You do not have to wait until a hearing, disciplinary decision, suspension, or expulsion to seek help. An experienced Title IX defense attorney can help you understand the process, evaluate the allegations and evidence, identify potential procedural violations, and prepare for what comes next.

If you or your child is facing a Title IX investigation or accusation of misconduct, at any U.S. university, contact us today for a free, confidential consultation about your matter.