University of Louisville Title IX Defense: What Student Respondents Need to Know

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For a student looking for a Louisville Title IX lawyer, this page summarizes how the University of Louisville’s published policy describes the process for a student respondent: the student accused in a Title IX report or Formal Complaint. It covers UofL in Louisville, Kentucky, not other Louisville schools. It is general information based on the university’s posted documents, not legal advice, and this site is not affiliated with or endorsed by the University of Louisville. If you have received a notice, the dates and instructions in that notice, confirmed with UofL’s Title IX Office, should guide your next steps.

Which policy applies

The University of Louisville handles these cases under its Title IX Student Sexual Misconduct Policy. The policy library lists it as effective August 12, 2020, with revision dates of August 1, 2025 and September 2, 2025. It applies when the respondent is a student and the jurisdictional requirements of Title IX are met. Employee respondents fall under a separate employee policy, and reports against third parties are routed to the University of Louisville Police Department. The Title IX Office’s policy list names this policy as the one that governs students.

For Title IX purposes, the Title IX Office says the alleged conduct must constitute sexual misconduct as defined in the policy, have occurred in the university’s education program or activity, and have occurred against a person in the United States.

Not every allegation stays in the Title IX process. If a Formal Complaint is dismissed under the Title IX policy, the university "reserves the right to address the alleged conduct in a dismissed Formal Complaint utilizing the Code of Student Conduct or other policies, as applicable." When a single Formal Complaint alleges violations of both the Title IX policy and the Code of Student Conduct, the university may investigate them together, but any hearing addresses each one independently under its own document. The Code of Student Conduct has its own process run by the Dean of Students Office; for example, the Dean of Students conduct appeals page gives Code appeals a deadline of ten business days after the conduct hearing decision letter. That is a different clock from the Title IX appeal below. The university’s separate Reports of Bias, Discrimination, and Harassment policy points back to the Student Sexual Misconduct Policy and the Code of Student Conduct for conduct outside its scope. If your notice cites a policy other than the Title IX Student Sexual Misconduct Policy, ask the Title IX Office or the office that sent it which document governs each allegation. Which version of the policy applies can also depend on the date of the incident and the date of your notice, so if your incident predates the September 2, 2025 revision, ask the Title IX Office which version governs your case.

A note on "Days." The Title IX student policy counts almost every deadline in capitalized "Days," but the posted policy text does not define whether a Day is a calendar day or a business day. The university’s separate Title IX Employee Sexual Misconduct Policy defines Days as business days, but that definition is in a different policy and does not say it applies to student cases. The numbers on this page are given exactly as the student policy states them. Do not count your own deadline from them. Use the date or deadline stated in your notice, and confirm it in writing with the Title IX Office.

Report vs. formal complaint

There are two different starting points, and they lead to different things.

A report tells the university that sexual misconduct may have occurred. Anyone can make one. After a report, the Title IX Office contacts the complainant, discusses supportive measures, and explains how to file a Formal Complaint. The complainant does not have to decide right away. If the complainant does not respond or chooses not to proceed, the university generally closes the matter administratively, though it can be reopened later. In limited circumstances, the Title IX Coordinator may continue with an investigation without the complainant’s participation.

A Formal Complaint is a signed request for an investigation. It is filed with the Title IX Office in person, by mail, or by email, and it must include the complainant’s physical or digital signature. The complainant must be participating or attempting to participate in the university’s education program or activity when filing. The policy sets no statute of limitations, but says that if the respondent is no longer a student when the complaint is filed, the university "may not be able to take disciplinary action."

The Title IX Coordinator can also sign a Formal Complaint to start a university-initiated investigation, after weighing factors such as seriousness and any pattern or similar reports. The Coordinator is not a party in that case. If a university-initiated investigation goes to a hearing, the Coordinator appoints a university member to represent the "Complainant," who may give an opening statement, present witnesses, and cross-examine the respondent and the respondent’s witnesses.

Early steps after notice

Preliminary assessment. When a Formal Complaint arrives, the Title IX Office decides whether the conduct, if true, would be sexual misconduct under the policy and meets Title IX jurisdiction. Before a formal investigation begins, the Title IX Office must obtain the General Counsel’s written certification that the investigation is necessary. The Title IX Office’s resolution process page says the Notice of Allegations is prepared and sent to both parties once that certification is received.

Notice of Allegations. The policy says the notice includes the university’s process, including any informal resolution option; the allegations with enough detail (the parties, the conduct, and the date and location if known) and enough time to prepare a response before any initial interview; a statement that the respondent is presumed not responsible until a determination at the end of the process; the right to an Advisor of choice, who may be an attorney, to attend the hearing and cross-examine (the Advisor cannot be a party or witness); that the university will provide an Advisor for cross-examination if a party does not bring one; that each party may consult anyone to prepare and may have one person accompany them to any part of the investigative process they take part in; any Code of Student Conduct rule against knowingly false statements; and that newly discovered Title IX allegations will be noticed. Read the notice in full and keep a copy.

Dismissal. The university must dismiss a Formal Complaint under the policy if the conduct would not be sexual misconduct as the policy defines it even if proved, did not occur in the university’s education program or activity, or did not occur against a person in the United States. It may dismiss the complaint or any allegation at any time during the investigation or hearing if the complainant withdraws in writing, the respondent is no longer enrolled or employed, or circumstances prevent gathering enough evidence. As noted above, a Title IX dismissal does not necessarily end the matter.

Written notice of a dismissal goes to both parties at the same time. Either party may appeal on three grounds: a procedural irregularity that affected the outcome; new evidence that was not reasonably available when the dismissal was made and could affect the outcome; or a conflict of interest or bias of the Title IX Coordinator, Investigator, or a Hearing Board member that affected the outcome. The appeal goes to the Title IX Office in hard copy or electronic form and must state the grounds with a written explanation; students may use the Title IX Formal Complaint Dismissal Form. The Dean of Students or a designee decides it. The other party has five (5) Days to respond, and the policy says the Appeal Officer will respond in writing "within ten (10) Days after receiving written notice of the dismissal." The decision is final. The policy states no deadline for filing a dismissal appeal. Use the deadline in your dismissal notice, confirm it with the Title IX Office, and file promptly.

Informal resolution. A party may ask for informal resolution at any time before the hearing begins. It requires a Formal Complaint, the written and voluntary agreement of both parties after the Notice of Allegations, and the Title IX Coordinator’s decision that it is appropriate. Either party may end it before it is complete and return to the investigation, and information or statements from an informal process that ends without resolution may be used later in the formal process and hearing. The policy says an informal resolution will be completed in 20 Days from receipt of both parties’ requests, subject to written notice of any delay. The Title IX Office says informal resolution involves no investigation, no hearing, and no finding of responsibility, and is seldom approved in more severe cases.

Investigation and evidence

After the certification, the Title IX Coordinator assigns an Investigator. The university must give both parties an equal opportunity to identify fact and expert witnesses and other information, and it may not restrict either party from discussing the allegations or gathering evidence. Any evidence you intend to rely on at a hearing must be given to the Investigator; the policy says evidence not provided to the Investigator "cannot be used at the hearing." Records from a physician, psychiatrist, psychologist, or mental health provider made in connection with a party’s treatment cannot be used without that party’s voluntary written consent.

The policy states several clocks. Each has its own trigger:

  • Interview notice. A party whose participation is invited receives written notice of interviews and meetings with sufficient time to prepare, "not less than three (3) Days." Investigations should include a request for a written statement at least three (3) Days before the meeting.
  • Preliminary investigative report. Before the investigative report is completed, each party and Advisor receives a preliminary investigative report with the evidence subject to inspection and review, and the parties have ten (10) Days to submit a written response, which the Investigator considers.
  • Final investigative report. It contains factual information only, no findings, and a statement that the matter either meets the jurisdictional elements and will proceed to hearing or will be dismissed, with the reason. The Title IX Coordinator reviews it; a complaint that would not be sexual misconduct under the policy must be dismissed, with notice of the right to appeal.
  • Investigation length. Absent extenuating circumstances, the investigation "should be completed within 60 Days of receipt of the Formal Complaint." The Title IX Office may extend this on written notice to both parties.
  • Whole process. The investigation, hearing, and appeal phases "will be completed within 120 Days from the date of the Formal Complaint." The university may extend this for good cause with the Title IX Coordinator’s approval and written notice to both parties and their Advisors.

The 60-Day and 120-Day figures are targets that can be extended, not guaranteed end dates.

Advisor and hearing

Advisor during the investigation. The policy says the investigative process "is not open to persons, including counsel, from outside of the University community," and then says each party may bring an Advisor of their choice to meetings with the Investigator. Advisors may attend only when their party is present, may only confer quietly with and advise their party, and may not speak for the party. Other sections of the policy say the Advisor may be an attorney. Because these provisions point in different directions, ask the Title IX Office in writing, before your interview, whether an outside attorney may attend investigative meetings as your Advisor.

Advisor at the hearing. Each party may have an Advisor, who may be an attorney. If a party does not select one, the university appoints an Advisor no later than seven (7) Days before the hearing, for cross-examination. The Advisor quietly advises the party and cross-examines the other party and witnesses with relevant questions and follow-up questions, including questions about credibility. Cross-examination is conducted "directly, orally, and in real time by the Party’s Advisor and never by a Party personally." At all other times the Advisor’s only role is to advise. An Advisor who breaks the rules of decorum may be removed; the party may substitute another Advisor if one is immediately available, or the hearing is continued.

Scheduling. The hearing date must be at least ten (10) Days from the date the final investigative report is issued and, absent extenuating circumstances, no more than 30 Days out. A party with an unavoidable scheduling conflict may request another date within five (5) Days from the issuance of the final investigative report. Requests for disability accommodation or language assistance at the hearing must be made at least five (5) Days in advance. A party may also request a pre-hearing meeting.

Who decides. A Hearing Board of three decides responsibility and any sanctions: a Chair, who is a retired judge or experienced attorney contracted by the university, and two panelists selected by the Title IX Coordinator. The policy describes the panelist pool as trained students, faculty, and staff. The Title IX Office’s FAQ describes the two panel members as "faculty and/or staff members." The two documents describe the panel differently, so ask the Title IX Office who will sit on your panel.

At the hearing. The hearing is live and informal, and state and federal rules of evidence and civil procedure do not apply. It is closed except to the listed participants, may be held virtually at the university’s discretion, and may be held with the parties in separate rooms on request. The university records it and makes the recording available to the parties for inspection and review; no other recording is allowed. Parties are responsible for notifying their own witnesses of the hearing, and the hearing may go ahead if a party or witness does not appear. Typically, no new witness statements or other new information are introduced at the hearing except what comes out through cross-examination. A party may choose not to speak or answer questions.

The Chair decides whether each question is relevant before it is answered and explains any exclusion. Questions and evidence about the complainant’s sexual predisposition or prior sexual behavior are not relevant except in the two narrow situations the policy describes. On statements from someone who is not cross-examined, the policy contains two provisions: it says the Hearing Board "must not rely on any statement of that Party or witness" who does not submit to cross-examination, and it also gives the Chair discretion to decide how much weight to give statements and other relevant information that were not subjected to cross-examination. Both appear in the current text. The Board may not draw an inference about responsibility based solely on a party’s or witness’s absence or refusal to answer.

Decision and sanctions. The Board decides by majority vote, with no abstentions, using the preponderance of the evidence standard. If it finds the respondent responsible, it reconvenes to decide sanctions by majority vote. The Chair issues the Board’s decision within ten (10) Days of the hearing, and the university then provides the written determination to both parties at the same time. The determination must state the findings of fact, conclusions, the rationale for each allegation, any sanctions, any remedies for the complainant, and the appeal procedures. The policy does not list the types of sanctions available; the written determination must state any sanction imposed. The determination becomes final on the date the parties receive the written appeal result or, if no appeal is filed, when an appeal would no longer be timely.

Supportive measures

Supportive and interim measures, which the policy describes as support services, non-disability accommodations, and other forms of assistance, may be available to either party, even if no Formal Complaint has been filed. They are not disciplinary, may not unreasonably burden the other party, and are kept confidential to the extent that does not prevent providing them. The Title IX Office says supportive measures are offered to the respondent when applicable, usually at the office’s first meeting with the respondent. Its examples include absence notifications, connection to medical care and counseling, help with housing accommodations, help securing a university-wide no-contact order, and campus escort.

Interim suspension. The policy allows immediate action such as an interim suspension only after "an individualized safety and risk analysis determines that there is an immediate threat to the physical health or safety of any student or other individual arising from the allegations" that justifies removal. The posted policy text does not describe a procedure or deadline for contesting an interim suspension. Separately, the Title IX Office’s FAQ says the university may not discipline a respondent before a finding of responsibility, with the informal process as the only exception; that answer does not mention interim suspension. If you are removed, follow the instructions in the removal notice and ask the Title IX Office in writing how to contest it and by when.

Appeals

Both parties may appeal the hearing outcome (responsible or not responsible) and any sanction. The appeal is a review of the case file on the stated grounds, not a second hearing.

  • Deadline. The appealing party completes the Title IX Hearing Appeal Form and submits it to the Title IX Office "within ten (10) Days after the issuance of the hearing decision." If no appeal is filed by then, the Hearing Board decision is final.
  • Grounds. One or more of: a procedural irregularity that affected the outcome; whether there was sufficient information at the hearing to establish a violation by a preponderance of the information; whether the sanction was appropriate; new information not known to the appealing party at the time of the hearing that, if presented, would more likely than not have changed the decision; or a conflict of interest or bias of the Title IX Coordinator, Investigator, or Hearing Board that affected the outcome.
  • Response. The other party receives a copy of the appeal and has five (5) Days to respond. A party who does not reply within that time forfeits the response.
  • Decision maker. The Title IX Office informs the Dean of Students, who or whose designee serves as the Appeal Officer. The Appeal Officer first checks that the appeal states a permitted ground and was filed on time; if not, the Hearing Board decision stands as the university’s final decision. Otherwise the Appeal Officer may uphold the decision and sanctions, reverse the responsibility decision, reduce or increase the sanction, or send the case back to the Hearing Board for further consideration or a new hearing.
  • Timing of the result. The Title IX Office transmits the Appeal Officer’s written decision within fourteen (14) Days after the deadline for appealing has expired. That decision is the university’s final decision.

A dismissal appeal (described above under early steps) follows a different route, and the policy states no filing deadline for it. A student who has been expelled may petition the Title IX Office for readmission after not less than five years; the Dean of Students or a designee makes the final decision.

FAQ

Does a report mean a Formal Complaint has been filed against me?
Not necessarily. A report tells the university that misconduct may have occurred. A Formal Complaint is a signed document filed by the complainant, or signed by the Title IX Coordinator, that requests an investigation. The Notice of Allegations tells you what has been alleged.

Do I need an attorney?
The policy does not require one. Each party may choose an Advisor who may be an attorney. At the hearing, cross-examination is done only by Advisors, and the university appoints one for a party who does not have one. Whether an outside attorney may attend investigative meetings is worded inconsistently in the policy, so confirm it with the Title IX Office before your interview.

How long do I have to respond to the preliminary investigative report?
The policy gives the parties ten (10) Days to submit a written response. Because the policy does not define Days, use the due date in the materials you receive.

How long do I have to appeal?
For a hearing decision, the policy says within ten (10) Days after the issuance of the hearing decision, on the Title IX Hearing Appeal Form. For a dismissal, the policy states no filing deadline, so use the deadline in your dismissal notice. In both cases, confirm the exact date with the Title IX Office.

Can I be suspended before there is a finding?
The policy allows an interim suspension after an individualized safety and risk analysis finds an immediate threat to physical health or safety. The Title IX Office’s FAQ says the university does not discipline a respondent before a finding of responsibility except through the informal process, and does not address interim suspension. If you receive a removal notice, follow its instructions.

How long does the whole process take?
The policy says the full process will be completed within 120 Days from the date of the Formal Complaint and that the investigation should be completed within 60 Days of receipt of the Formal Complaint. Both can be extended, and neither is a guaranteed end date.

More guides for Kentucky schools: Kentucky Title IX lawyer.

Legal Review: Reviewed by Attorney T. Matthews, Esquire

Disclaimer

This page is general educational information about the University of Louisville’s publicly posted policy documents as of September 25, 2026. It is not legal advice, and reading it does not create an attorney-client relationship. This site is not affiliated with or endorsed by the University of Louisville. Policies and procedures can change, so check the current policy, read your own notice in full, and confirm deadlines with the University of Louisville Title IX Office.

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