Students who search for a Wright State Title IX lawyer usually want to know what happens after a notice arrives. This page explains, in general terms, how Wright State University handles a sexual misconduct complaint against a student under its posted policies. Your own notice, and the policy version that applies to your case, control the actual deadlines.
Which policy applies
Wright State’s main rule is Policy 1270, the Sex/Gender-Based Harassment, Discrimination, and Sexual Misconduct Policy. Its page lists "Date Created/Revised 6/20/2023", and its nine appendices (A through I) are 2023 files. The step-by-step process is in Appendix B, Resolution Process & Timelines. When this page was checked, no newer version or proposed revision of Policy 1270 was posted, and Wright State’s 2025 Title IX training slides still refer to "current 2020 regulations for Title IX." The policy website also carries a notice that the University is revising its websites and materials to comply with Ohio Senate Bill 1. The version that applies to you can depend on your notice or incident date, so confirm with the Title IX office which version and procedures govern your case.
There are two tracks:
- Title IX Sexual Harassment (Policy 1270.4): sexual assault, dating violence, domestic violence, sex-based stalking, quid pro quo harassment, and unwelcome conduct harassment that meet three threshold requirements, as determined by the Title IX Coordinator. The conduct must have occurred against a person in the United States and within the University’s education program or activity, and the complainant must be participating or trying to participate in that program when the formal complaint is filed. These cases follow Appendix B and the Title IX Hearing Procedures in Section IX of the Code of Student Conduct.
- Sexual misconduct outside Title IX (Policy 1270.5): the same behaviors that do not meet the Title IX threshold "may still be adjudicated under this section of the policy through the appropriate responding office." For students, that office is Student Conduct, and the Code of Student Conduct lists any violation of Policy 1270 as a serious (Category B) Code violation.
The written notice describes the grievance process being used. If it is not clear which track your case is in, ask the Title IX office.
Wright State also posts two versions of the Code of Student Conduct. The version on the Office of Community Standards and Student Conduct website (Sections I to XV, with a revision note of September 10, 2019) contains the Title IX Hearing Procedures. Policy 3720 on the policy website, dated 10/6/2021, has no Title IX hearing section and a different appeal section. The documents do not say which one controls, so this page names the source for each Code rule.
Report vs. formal complaint
Anyone may report sex discrimination or sexual harassment to the Title IX Coordinator in person, by mail, by phone, or by email, and Appendix A adds the University’s EthicsPoint system. Appendix A says there is no time limit for reporting. Reports to the Title IX office are "not confidential (but will be handled with discretion)."
A formal complaint is a document filed by the complainant or signed by the Title IX Coordinator that alleges sexual harassment and asks the University to investigate. Appendix B says "the University will not initiate a formal investigation unless a formal complaint is signed by a complainant or the Title IX Coordinator." After a report, the Title IX Coordinator reviews whether it meets the policy’s scope and definitions. Under Appendix A, reports that do not allege a Title IX violation are referred to other University offices or dismissed.
Early steps after notice
Appendix B requires written notice to all known parties. It covers the grievance process; the allegations, "with sufficient time to prepare a response before any initial interview"; the presumption that you are not responsible; your right to an advisor of your choice, "who may be an attorney"; your right to inspect and review evidence; and the rules against knowingly making false statements. No fixed number of days is set for this notice, and there is no deadline to respond to the notice itself. New allegations get a new notice.
You are presumed not responsible until a determination is made at the end of the grievance process. The standard is preponderance of the evidence, and Appendix B says that when the evidence is "equal" or "level," the result is a finding of not responsible. The burden of proof and of gathering evidence rests on the University, not the parties. No party can be forced to take part in an investigation or hearing, but the process can go forward without you.
On criminal cases, Policy 1270 says the University may proceed while criminal charges are pending or wait until they finish. The Code says the University may pursue discipline without waiting for other proceedings. The Office of Community Standards and Student Conduct recommends conferring with an attorney if you are involved in concurrent criminal or civil proceedings about the same incident. The Title IX office’s I have been accused page also advises preserving evidence and says you may be asked to have no contact with the complainant. The Office of Community Standards and Student Conduct communicates with students through their Wright State email accounts.
Dismissal
The University must dismiss a formal complaint from the Title IX process if the conduct would not be Title IX Sexual Harassment even if proved, did not occur in a University education program or activity, or did not occur against a person in the United States. It may also dismiss if the complainant withdraws in writing, the respondent is no longer enrolled, or circumstances prevent gathering enough evidence. Policy 1270 says a dismissal "does not necessarily mean that the matter is concluded": the conduct may be referred to Student Conduct, and the University may re-initiate the Title IX process if circumstances change. Dismissal appeal deadlines are in the Appeals section, because two Wright State documents state them differently.
Emergency removal and summary suspension
Under Appendix B, after an individualized safety and risk assessment by the Title IX Coordinator or a designee, the University may remove a respondent on an emergency basis if there is an immediate threat to anyone’s physical health or safety arising from the allegations. The threat must be more than "a generalized, hypothetical, or speculative risk." A removed respondent "will receive notice and an opportunity to challenge the decision immediately following the removal." No number of days is given.
Separately, the Code of Student Conduct allows the Dean of Students or a designee to summarily suspend a student for safety reasons, pending a hearing before the Director of Community Standards and Student Conduct or a hearing panel. Policy 3720 gives that authority to the vice provost of Student Affairs. If the hearing finds insufficient evidence, the Code says no record of the summary suspension is kept. Follow the steps in your own removal or suspension notice.
Investigation and evidence
The Title IX Coordinator appoints one or more investigators. Both parties may present statements, witnesses, including "fact and expert witnesses," and other evidence. The University will not restrict either party from discussing the allegations or gathering evidence, but a party may not harass witnesses or tamper with the process. Treatment records are not used without your "voluntary, written consent," and privileged information is not used unless the privilege is waived.
Before the investigative report is completed, each party receives the evidence directly related to the allegations, including evidence the University does not intend to rely on, and "the parties will have at least 10 days to submit a written response" (Appendix B; no unit stated). The University may restrict sharing of the evidence or require a non-disclosure agreement. Appendix B says the University "will attempt to complete most investigations within 60 days" (no unit stated), counted from the filing of the formal complaint to the release of the evidence to the parties. Time frames can be extended for good cause with written notice.
The two documents describe the report stage differently. Appendix B says the investigative report goes to each party and advisor "at least 10 days prior to a hearing or other time of determination regarding responsibility" (no unit stated). The Code’s Title IX Hearing Procedures say "The parties and advisors will have ten calendar days to respond to the Final Investigation Report and relevant evidence in writing." Use the dates in your own notices and confirm with the Title IX office.
Advisor and hearing
What an advisor may do depends on the track and on which Wright State document you read:
- Title IX hearing (Code Section IX.C): "Parties will not be permitted to conduct cross-examination on their own." Your advisor asks the questions, "directly, orally, and in real time." The advisor may be, but does not have to be, an attorney. If you have no advisor at the live hearing, the University will provide one "without fee or charge." During the investigation, Appendix B says the advisor "may advise the party directly and ask clarifying questions, but may not speak for the party."
- Other Code of Student Conduct hearings: "Advisors are not permitted to speak or to participate directly in any hearing, conference, or appeal." In gender-based harassment cases the Code also allows one support person in addition to an advisor.
- The Title IX office’s "I have been accused" page says a lawyer may serve as an advisor but may not participate in the hearing. That differs from the Code’s Title IX Hearing Procedures, so ask the Title IX office or the Office of Community Standards and Student Conduct how it applies to your case.
For a Title IX hearing, each party has a separate pre-hearing conference "at least five (5) days prior to the scheduled hearing" (no unit stated), and the Title IX Coordinator will schedule the hearing "no less than ten calendar days from the day the Final Investigation Report is shared." New evidence and witnesses can be added at the hearing only if they were given to the investigators, unless they were unavailable or their relevance was unknown. The University will "seek to complete the hearing within 15 business days" after the report reaches the adjudicating office, which for students is the Office of Community Standards and Student Conduct, but it may take longer.
The Title IX Coordinator appoints a single hearing officer or a panel, who may not be the coordinator, the investigator, or the informal resolution officer. The decision-maker decides independently, "without giving deference to the investigative report." Hearings are live, in person or virtual, with separate rooms available on request, closed to the public, and recorded. There are no opening or closing statements. The decision-maker rules on whether each question is relevant before it is answered. Questions about the complainant’s sexual predisposition or prior sexual behavior may be treated as irrelevant except in two narrow situations, and no inference is drawn "based solely on a party’s or witness’s absence from the live hearing or refusal to answer cross-examination or other questions." The written determination goes to both parties "within 15 business days of the hearing."
Sanctions
Appendix B and the Code’s Title IX Hearing Procedures list student sanctions from a warning to expulsion, including educational sanctions, restitution, fines, probation, loss of privileges, suspension, and summary suspension. The Code adds no contact orders issued to a particular party. Under Section VII of the Code, suspension and expulsion are noted on the student’s transcript.
Informal resolution
After a formal complaint, the parties may choose informal resolution, such as a facilitated discussion or a mediated agreement. It is voluntary and needs each party’s "voluntary, written consent," after written notice of the allegations, the requirements, and the consequences. Any party may withdraw and return to the grievance process "at any time prior to agreeing to a resolution." It is not available for allegations that an employee sexually harassed a student. Appendix B sets no time frames for it.
Supportive measures
Supportive measures are non-disciplinary, non-punitive, free, and available before or after a formal complaint, or with none filed, as long as they do not unreasonably burden the other party. Appendix C lists examples including help with medical and mental health needs, help with a University no contact order, provision of an advisor, transportation or parking options, referral to Student Legal Services, academic help such as "rescheduling exams or assignments," and alternative housing. Appendix C says "No police report, disciplinary complaint, or investigation needs to occur in order to gain access to supportive measures." Disability accommodations go through the Office of Disability Services. Section III of the Code says students are still expected to meet conduct-process deadlines while an accommodation request is pending.
Appeals
Wright State’s documents give different appeal rules, triggers, and offices. Use the deadline and instructions in your own dismissal notice or outcome letter, and confirm with the Title IX office or the Office of Community Standards and Student Conduct which one applies.
- Appendix B (Title IX decisions and dismissals): "A Complainant or Respondent must submit a written appeal to the Title IX Coordinator within 10 business days of receipt of the written Title IX decision or the Notice of Dismissal." The other party may respond "within 10 business days from the other party’s receipt of the appeal." Grounds are procedural irregularity that affected the outcome, new evidence not reasonably available that could affect the outcome, or conflict of interest or bias of the Title IX Coordinator, investigator, or decision-maker that affected the outcome. A trained Appeal Officer decides "within 10 business days of the receipt of all the appeal documents," and "All appeal decisions are final."
- Policy 1270 main page (dismissals): an appeal "within 10 business days from the date of the written notice of dismissal." The other party has "5 business days from the date of the written notice of the appeal" to respond, and the Appeals Officer decides "within 5 days" (no unit stated) of receiving that response.
- Code of Student Conduct, Section XI: "Students have 5 (five) business days after notification of their sanction(s) to submit an appeal," in writing to the Office of Community Standards and Student Conduct. Grounds are deprivation of rights, a sanction not justified by the offense, or new evidence. Appeals from a Gender Based Harassment and Violence Panel go to the University Appeals Panel or Dean of Students, whose decision is final.
- Policy 3720, section 3720.13: a written appeal "within five business days after the date the student is sent written notification of the decision," on five listed grounds.
FAQ
Do I need a lawyer for a Wright State Title IX case?
The policies do not require one. Your advisor of choice may be an attorney, and for a Title IX hearing the University provides an advisor if you do not have one.
Can my advisor speak for me?
Only to question parties and witnesses at a Title IX live hearing under the Code’s Title IX Hearing Procedures. Otherwise advisors may advise you but may not speak for you, and the Title IX office’s web page describes the lawyer’s hearing role more narrowly.
How long do I have to respond to the evidence?
Appendix B says "at least 10 days" with no unit stated. The Code’s Title IX Hearing Procedures give "ten calendar days" to respond to the Final Investigation Report and relevant evidence. Follow the dates in your own notice.
Will a criminal case pause my Wright State case?
Not necessarily. Policy 1270 says the University may proceed while criminal charges are pending or wait until they finish.
What if I do not answer questions at the hearing?
The decision-maker may not draw an inference solely from your absence or refusal to answer. Evidence from a party who does not submit to cross-examination is identified as such in the record, and the decision-maker weighs any relevant statements "appropriately."
More guides for Ohio schools: Ohio Title IX lawyer.
Disclaimer
This page is general educational information, not legal advice. Reading it does not create an attorney-client relationship. This site is not affiliated with or endorsed by Wright State University. Policies change, so confirm every deadline against your own notice and the currently posted policies, and with Wright State’s Title IX office or Office of Community Standards and Student Conduct.
Sources
- Policy 1270: Sex/Gender-Based Harassment, Discrimination, and Sexual Misconduct Policy (Wright State University Policies)
- Policy 1270 Appendix B: Resolution Process & Timelines (PDF)
- Policy 1270 Appendix C: Support Services, Supportive Measures, and Additional Resources (PDF)
- Code of Student Conduct, Section IX: Non-Academic Violations Process and Title IX Hearing Procedures
- Code of Student Conduct, Section XI: Appeals
- Policy 3720: Code of Student Conduct (Wright State University Policies)
- Title IX & Gender Based Violence (Wright State University)
- Title IX: I have been accused (Wright State University)
