If you are looking for a University of Memphis Title IX lawyer because you have been named as a respondent in a sexual harassment or sexual/gender-based misconduct matter, this page summarizes what the university’s published documents say about the process. It is general information, not legal advice, and it cannot predict how a case will turn out.
Which policy applies
The university policy library lists GE2039, Sexual Harassment & Sexual/Gender-Based Misconduct Policy (INTERIM). The policy library record shows a published date of June 16, 2026 and a revision log entry of April 23, 2026. The policy is still labeled interim and does not print an effective date. If your incident or report is older, ask the Office for Civil Rights Compliance and Title IX (OCRCTIX) which version applies to you.
GE2039 covers two categories:
- Title IX sexual harassment, the narrower federal definition, which includes sexual assault, dating violence, domestic violence, and stalking as defined in federal law.
- University sexual/gender-based misconduct, a broader university definition that uses a "severe, pervasive, or objectively offensive" test and also covers sex/gender-based discrimination and sexual exploitation.
The policy says conduct outside the Title IX definition "will still be addressed by the University using the same procedures applicable to Title IX based sexual harassment," and OCRCTIX investigates both categories. The Title IX Coordinator or a designee may decide which category applies, and the university "reserves the right to determine the appropriate policy under which to investigate complaints." A complaint that does not meet Title IX jurisdiction is dismissed for Title IX purposes and proceeds as a sexual/gender-based misconduct complaint if applicable.
The Student Code of Rights and Responsibilities does not mention Title IX, sexual harassment, or GE2039, and GE2039 does not explain how the two connect. Do not assume a Student Conduct Board hearing or a Student Code appeal is your route.
Report vs. formal complaint
GE2039 defines a report as any communication to OCRCTIX about conduct that could be sexual harassment or sexual/gender-based misconduct. Anyone may make one.
A formal complaint is a document filed by the complainant, or signed by the Title IX Coordinator, alleging sexual harassment and asking the university to investigate. The OCRCTIX What to Expect handout says OCRCTIX cannot pursue a formal grievance process without a written complaint signed by the complainant, but the policy also allows a complaint signed by the Title IX Coordinator.
When the university receives a formal Title IX complaint or a sexual/gender-based misconduct report, the policy says it will give the parties written notice of the grievance process, including informal resolution, and of the allegations, with the details known at the time and enough time to prepare before any initial interview.
Early steps after notice
- Check your university email and write down each date in every notice. Under GE2039, university email is the official channel, and an emailed notice "is effective on the date that the email is sent." A mailed notice is effective the date it is mailed.
- Keep your contact information current, as the policy requires.
- Follow any no-contact directive exactly. The respondent information sheet says failing to do so could result in additional sanctions.
- Save your communications and send questions to OCRCTIX in writing.
The What to Expect handout says a respondent "can choose to respond to the complainant in writing within 5 business days." It does not say what starts that period, and GE2039 does not mention it. Use the timing in your own notice.
Dismissal. The university may dismiss a complaint if the complainant withdraws it, if the respondent is no longer enrolled, employed, or affiliated with the university, or if there is insufficient evidence to reach a determination. Both parties receive written notice of a dismissal and the reasons, and either party may appeal the dismissal of a formal complaint.
Informal resolution. Before a responsibility determination, the parties may choose informal resolution, such as mediation, with voluntary written consent. It is not available where physical violence is alleged or where a student complainant accuses an employee. The university will not require it, and for Title IX sexual harassment it may be offered only after a formal complaint is filed. Any party may withdraw before agreeing to a resolution.
Investigation and evidence
You are presumed not responsible until a finding is made at the end of the process. A party whose participation is invited or expected receives written notice of the date, time, location, participants, and purpose of each interview or meeting. The policy says a respondent will not be required to participate in any investigation or disciplinary proceeding.
Before the investigative report is completed, each party and advisor receive the evidence directly related to the allegations. The parties then have ten (10) business days to submit a written response. The report is issued after "the elapse of ten (10) business days or receipt of the parties’ written responses, whichever is longer." The investigator makes no credibility findings and no recommendation on responsibility.
The What to Expect handout describes this step differently: the parties receive the final report and all evidence at the end of the investigation and have "10 days" to submit corrections or request more investigation. Because the two documents differ, follow the sequence and deadline in your own notice and confirm them with OCRCTIX.
Either party may object in writing to the Title IX Coordinator that an official involved in the process is not impartial. An objection about the Title IX Coordinator may go to the Office of Legal Counsel.
Advisor and hearing
GE2039 says the university will not limit a party’s choice of advisor, and the respondent information sheet says the advisor may be anyone of your choosing. At meetings, the advisor’s role is "limited to quietly conferring with their advisee through written or verbal communication."
At the hearing, parties may not question each other directly. Your advisor asks the other party and the witnesses all relevant questions and follow-up questions, including questions about credibility. If you do not have an advisor, the policy says the university will provide one free of charge for that purpose. The respondent sheet adds that the university gives you a list of trained faculty and staff to choose from.
The hearing is live, in person or, at the university’s discretion or a party’s request, by video. It can be held no sooner than ten (10) business days after the final investigative report is issued. At least ten (10) business days before the hearing, the parties receive the date, time, and location, access to or copies of the investigative file, the names of expected witnesses, and the name of the hearing officer. The handout says hearings are audio or video recorded.
The hearing officer decides responsibility using the preponderance of the evidence standard, meaning more likely than not. GE2039 says the written determination comes "within fifteen (15) days of the conclusion of the hearing" and goes to both parties at the same time. The What to Expect handout says "within 15 business days." Check your own notice.
Sanctions. GE2039 does not list sanctions. The What to Expect handout says the hearing officer determines sanctions if the policy was violated, ranging "from written warning to expulsion." The respondent sheet lists examples including warning, counseling, probation, suspension, and dismissal from the university. No outcome can be predicted from these lists.
Supportive measures
GE2039 says "All parties are entitled to supportive measures regardless of whether a complaint is filed or whether an investigation is conducted." Examples include contact restrictions, class and residence hall changes, counseling, academic support, and withdrawing from a course without penalty. The respondent sheet says requests go to the Title IX Coordinator and that supportive measures are not a finding of a policy violation.
Emergency removal. A student may be placed on emergency removal pending the outcome of the investigation, but only after "an individualized safety and risk analysis" finds an imminent risk to someone’s physical health or safety arising from the allegations. OCRCTIX carries this out together with the Dean of Students and other offices, after consulting the Office of Legal Counsel. GE2039 does not describe how a student can challenge an emergency removal or on what timeline. If this happens to you, ask OCRCTIX in writing what review is available.
Appeals
The policy says the parties will receive notice of their appeal rights within ten (10) days after OCRCTIX dismisses a complaint or after the parties receive the hearing officer’s determination. GE2039 itself does not state a deadline for filing an appeal. The What to Expect handout says "Appeals must be filed within 10 business days of the receipt of the hearing outcome," and the respondent sheet says appeals must be made in writing within ten (10) business days of receipt of the hearing officer’s decision. Use the deadline stated in your own appeal-rights notice and confirm it with OCRCTIX.
In a Title IX sexual harassment matter, either party may appeal only for: a procedural irregularity that affected the outcome; new evidence that was not reasonably available at the time of the determination or dismissal and could affect the outcome; or a conflict of interest or bias by the Title IX Coordinator, investigator, or hearing officer that affected the outcome. In a sexual/gender-based misconduct matter, the policy says only that the parties "will be notified of their appeal rights in accordance with applicable law."
Within ten (10) days of receiving an appeal, the university notifies the other party and gives both parties the appeal officer’s name, and either party may object to that officer’s objectivity. The written decision, with its rationale, is issued "within a reasonable time" to both parties at once. The handout says decisions on appeal are final.
FAQ
Does the Student Code of Rights and Responsibilities apply to my case?
The Student Code does not mention Title IX or GE2039, and GE2039 has its own investigation, hearing, and appeal steps. Ask OCRCTIX in writing if your notice refers to the Student Code.
What is the deadline to file an appeal?
GE2039 does not state one. The current OCRCTIX handouts say ten (10) business days from receipt of the outcome. Follow the deadline in your own appeal-rights notice.
Can my advisor speak for me?
Only in a limited way. At meetings, the advisor quietly confers with you. At the hearing, the advisor asks the questions of the other party and witnesses on your behalf.
Will I be removed from campus during the investigation?
Not automatically. Emergency removal requires an individualized safety and risk analysis finding an imminent risk to physical health or safety.
More guides for Tennessee schools: Tennessee Title IX lawyer.
Disclaimer
This page is general educational information about publicly posted University of Memphis documents. It is not legal advice, and reading it does not create an attorney-client relationship. This page is not affiliated with or endorsed by the University of Memphis. Policies and handouts change, and some official documents describe the same step differently. Confirm every deadline against your own written notice and the current posted policy.
Sources
- GE2039, Sexual Harassment & Sexual/Gender-Based Misconduct Policy (INTERIM), policy library PDF
- University of Memphis policy library
- OCRCTIX, What to Expect During the Formal Sexual Harassment Formal Resolution Process
- OCRCTIX, Sexual Harassment: Information for Respondents
- OCRCTIX resources page
- Student Code of Rights and Responsibilities
