YSU Title IX Lawyer: A Youngstown State University Student Respondent Guide

Awards & Recognitions
As Seen on

Students who search for a YSU Title IX lawyer usually want to know what happens after a notice arrives. This page explains, in general terms, how Youngstown State University (YSU) handles a sexual harassment or sexual misconduct complaint against a student under its posted policies. Your own notice, and the version of the policy that applies to your case, control the actual deadlines.

Which policy applies

YSU’s Title IX process is set out in one board policy, university policy 3356-2-05, "Title IX sexual harassment policy", which is also published as rule 3356-2-05 of the Ohio Administrative Code. YSU does not post a separate Title IX procedures document; the policy itself contains the grievance process, hearing, and appeal rules. The Student Code of Conduct (policy 3356-8-01.1) repeats that process in its Article V, "per university policy and rule 3356-2-05 of the Administrative Code."

The Title IX policy covers sexual harassment as it defines the term: quid pro quo harassment by an employee; unwelcome conduct "so severe, pervasive, and objectively offensive that it effectively denies a person equal access to an education program or activity"; sexual assault as defined in the Clery Act; dating violence, domestic violence, and stalking; and sexual misconduct, including sexual exploitation and voyeurism. It applies to conduct in a university activity or program within the United States, meaning a location, event, or circumstance where YSU "exercises substantial control over both the respondent and the context in which the alleged sexual harassment occurred, whether on or off campus."

A complaint can also end up in the student conduct process run by the Office of Community Standards & Student Conduct:

  • The Student Code of Conduct separately prohibits sexual harassment and sexual misconduct. Its hostile-environment wording is different from the policy’s: the Code says "so severe and pervasive," while the Title IX policy says "so severe, pervasive, and objectively offensive."
  • The Dean of Students Sexual Misconduct page says "An incident may be addressed by either the Title IX Office or the Office of Community Standards & Student Conduct, in accordance with current Title IX regulations."
  • A Title IX complaint that is dismissed "may be considered under a different university policy," such as the Discrimination/harassment policy (3356-2-03), the workplace and off-campus violence policy (3356-7-04), or the Student Code of Conduct.
  • The Code says "students alleged to have violated the university’s sexual misconduct policy will automatically be provided a student conduct board hearing." YSU’s policy index no longer lists a separate sexual misconduct policy, and policy 3356-2-03 now points readers to 3356-2-05 for sexual misconduct.

Your notice should say which office is handling the matter and which policy it is using. If it does not, ask the Title IX Office in writing.

Which version applies to you

The Board of Trustees revised the Title IX policy and the Student Code of Conduct at its June 18, 2026 meeting. The copies YSU posts give an "Effective Date" of June 18, 2026. The Ohio Administrative Code lists the Title IX rule as effective July 30, 2026 (with earlier versions effective in 2020, 2021, and 2023) and the Student Code of Conduct as effective July 31, 2026. The policy does not say which version applies to an incident or complaint that came before a revision. The version that applies to you can depend on your incident date and on when the complaint or notice came, so confirm it with the Title IX Office. The posted policy lists its next review in 2031, and the board actions YSU has posted since June 2026 do not revise it.

Report vs. formal complaint

A report is "Information, however received, alleging sexual harassment as defined in this policy and provided to a person with the authority to initiate corrective action." It "may lead to further action, including the filing of a formal complaint." Reports can be made by mail, email, in person, by telephone, or through the online forms on the Title IX page. YSU’s Reporting Options page says "No action will be taken until the reporting party has been informed of their options, including filing a formal report, supportive measures, and potential options for informal resolution." Anonymous online reports are also accepted.

A formal complaint "is a verbal or written account which alleges a conduct which could violate this policy and is made to a person with authority to initiate corrective action." The policy says it may be submitted "on the Title IX website," and the Code’s Article V says "at TitleIX@ysu.edu." Notice to certain university staff, including the Title IX coordinator and deputies, vice presidents, academic deans and chairpersons, supervisors, and coaches, counts as notice to the university and triggers its obligation to respond.

Time limits for bringing a matter depend on the document:

  • The Title IX policy sets no deadline for a report or formal complaint.
  • For Student Code of Conduct reports, the Code says a report "shall be submitted as soon as possible after the incident occurs but not later than thirty days following the university becoming aware of an incident," with exceptions at the student conduct administrator’s discretion.
  • A complaint under the Discrimination/harassment policy "must be filed within three hundred days of the behavior or the last incident at issue."

University personnel, including the Title IX coordinator and residence life staff, must notify the university police of reports of sexual harassment. The policy also says "Neither the complainant nor the respondent is under any obligation to speak with the law enforcement authorities, even when the conduct is reported to them."

Early steps after notice

When YSU receives a formal complaint, it must give the known parties written notice of the grievance process, including any informal resolution process, and of the allegations, "including sufficient details known at the time and with sufficient time to prepare a response before any initial interview." If new allegations are added during the investigation, you get notice of those too. Any party whose participation is invited or expected receives written notice of the date, time, location, participants, and purpose of each interview, hearing, or meeting "with sufficient time for the party to prepare to participate."

Other points from the policy:

  • "The respondent is not considered responsible for the alleged conduct until a determination regarding responsibility is made at the conclusion of the grievance process."
  • "The burden of proof and the burden of gathering evidence sufficient to reach a determination regarding responsibility rest on the investigator and not on the parties."
  • The standard is the preponderance of the evidence, "whether it is more likely than not that the alleged conduct occurred."
  • The process "is expected to occur within ninety calendar days from the date a complaint is filed." The Title IX coordinator may extend that period by written notice giving the reasons. That is a school target, not a deadline for you.
  • Either party may ask the Title IX coordinator in writing for a temporary delay for good cause, which includes the absence of a party, an advisor, or a witness, or a disability accommodation.
  • Retaliation against anyone who takes part in the process is prohibited. Knowingly false reports also violate the policy, but "failure to prove an allegation is not equivalent to a false allegation."

A pending criminal case does not stop the university process. The Student Code of Conduct says university proceedings "are not subject to challenge based on concurrent criminal or civil proceedings." The Title IX policy adds that choosing not to provide information during the investigation or hearing, "even based on concern over a pending criminal or civil proceeding," does not make that information new evidence for an appeal later.

The Title IX policy states deadlines in "calendar days," "working days," and "business days" and defines none of these terms. The Student Code of Conduct defines a "university working day" as a weekday other than an official holiday, but that definition belongs to the Code’s own deadlines. This page keeps every figure in the unit its document uses.

Dismissal

The Title IX coordinator must dismiss a formal complaint if the conduct would not be sexual harassment as the policy defines it even if proved, did not occur in YSU’s education program or activity, or did not occur in the United States. The coordinator may dismiss it if the complainant withdraws in writing, if "The respondent is no longer enrolled or employed by the university," or if specific circumstances prevent gathering sufficient evidence. Dismissal notices go to the parties simultaneously and in writing.

A dismissal can be appealed under the policy’s appeal process (see Appeals). A dismissed complaint may still be taken up under another policy or the Student Code of Conduct. Leaving YSU does not guarantee the matter ends: the Code "shall apply to a student’s conduct even if the student withdraws from the university while an investigation into alleged misconduct is pending," and one Code sanction is withholding a degree.

Informal resolution

"At any time prior to reaching a determination regarding responsibility, the university may facilitate an informal resolution process, such as mediation, that does not involve a full investigation and adjudication." Both parties must give voluntary written consent, and either party may withdraw before agreeing to a resolution and return to the grievance process. Informal resolution is not available where an employee or faculty member is alleged to have harassed a student. The policy says nothing more about how an informal agreement works, so ask the Title IX Office before you sign anything.

Investigation and evidence

The Title IX coordinator or a designee investigates. The parties "shall have an equal opportunity to present witnesses, including fact and expert witnesses, and other inculpatory and exculpatory evidence during the course of the investigation." The policy adds: "All parties are free to discuss the allegations under investigation or to gather and present relevant evidence."

Evidence rules and timing:

  • Records made by a physician, psychiatrist, psychologist, or similar professional in connection with a party’s treatment are not accessed or used without that party’s voluntary, written consent.
  • Both parties can inspect and review the evidence "directly related to the allegations raised in a formal complaint."
  • Before the investigative report is finished, the investigator sends each party and advisor that evidence, and "the parties shall have ten calendar days to submit a written response, which the investigator will consider prior to completion of the investigative report."
  • The investigator then provides the investigative report to the parties and their advisors "at least ten calendar days prior to any hearing." The Code’s Article V adds: "Either party can submit a written response to the investigator during these ten days." The policy itself does not contain that sentence.
  • Questions and evidence about the complainant’s sexual predisposition or prior sexual behavior are not relevant, except in two narrow situations described in the policy.

Advisor and hearing

Under the Title IX policy, each party may be accompanied to any related meeting or proceeding "by the advisor of their choice including an attorney. However, the advisor may not speak during any interview or proceedings, with the exception of the cross-examination portion of any hearing." If a party has no advisor at the live hearing, YSU provides one "without fee or charge to that party" to conduct cross-examination.

"Formal complaints that are not resolved informally or dismissed will result in a live hearing." The hearing is scheduled by the office of student conduct and held before a Title IX decision-maker. It can be in person or virtual, and at either party’s request the parties can be in separate rooms with technology that lets everyone see and hear the person answering.

At the hearing:

  • Advisors may ask the other party and witnesses "all relevant questions and follow-up questions, including those challenging credibility." Cross-examination is conducted "directly, orally, and in real time by the party’s advisor of choice and never by a party personally."
  • The decision-maker decides whether each question is relevant before it is answered and explains any exclusion. "Parties may not challenge the relevancy determination of the decision-maker, except on appeal."
  • If a party or witness does not submit to cross-examination, the decision-maker "shall not rely on any statement of that party or witness in reaching a determination regarding responsibility," but "cannot draw an inference about the determination regarding responsibility based solely on a party’s or witness’s absence from the live hearing or refusal to answer cross-examination or other questions."
  • "Credibility determinations shall not be based on a person’s status as a complainant, respondent, or witness."
  • An audio recording (audiovisual for a virtual hearing) is made and is available "upon written request to the convener." The policy says the hearing convener creates it; the Code’s Article V says the decision-maker does.

The decision-maker issues a written determination to both parties at the same time, applying the preponderance standard. It includes findings of fact, a rationale for each allegation, any sanctions, and the appeal procedures. For student respondents, the decision-maker consults a student affairs vice president or designee on sanctions (the policy says the vice president of student affairs; the Code’s Article V says the vice president of student experience). The determination becomes final on the date YSU gives the parties the written appeal result or, if no appeal is filed, "the date on which an appeal would no longer be considered timely."

If your case goes through the student conduct process instead

A Student Code of Conduct hearing works differently. It is held before a three-member hearing panel of the student conduct board, which decides by majority vote using the preponderance standard. The Code says "The complainant and respondent, in turn, will have the opportunity to cross-examine one another," with questions submitted in writing to the panel chair if the parties have mutual no-contact orders. The Dean of Students page describes the respondent’s questions as asked "via the chair of the hearing panel." Under the Code, an advisor "may not actively participate in the student conduct process on behalf of the student," and it is the student’s responsibility to arrange for the advisor to attend. If a party’s absence is not excused, the hearing "may proceed in their absence or may be rescheduled at the discretion of the chair." Check your notice to see which hearing process applies.

Sanctions

Possible sanctions for student respondents under the Title IX policy are "warning, conduct probation with or without loss of good-standing, restitution, educational sanctions, residential suspension, university suspension, residential expulsion, university expulsion, revocation of admission and/or degree, withholding degree, and fines."

The policy’s serious misconduct rule matters for most sexual misconduct findings. Serious misconduct includes "any act of sexual assault, domestic violence, dating violence, stalking, sexual exploitation," and certain assaults. A student found responsible faces, at minimum, conduct probation with loss of good standing for one calendar year, which bars extracurricular activities, including athletics, student organizations, and student employment. A student returning from suspension is automatically placed on the same one-year probation. After one year the student may petition the dean of students.

The Student Code of Conduct adds record rules for Code sanctions: a university suspension is noted on an addendum to the transcript during the suspension, a university expulsion is permanently noted on the transcript, and conduct records involving suspension, expulsion, or degree revocation or withholding are kept longer than other records.

Supportive measures

Supportive measures are "Non-disciplinary, non-punitive individualized services offered as appropriate, as reasonably available, and without fee or charge to the complainant or the respondent before or after the filing of a formal complaint or where no formal complaint has been filed." Examples in the policy include counseling, deadline extensions and other course-related adjustments, changes to work or class schedules, campus escort services, mutual restrictions on contact between the parties, changes in work or housing locations, leaves of absence, and increased security. The Dean of Students page tells respondents "You may request changes to academic and living situations."

Emergency removal and interim measures

Three separate mechanisms can take a student off campus before a final decision. Each has its own rules, so follow the instructions in your own notice and ask in writing right away how to challenge it.

  • Title IX emergency removal. YSU may remove a student respondent on an emergency basis after "an individualized safety and risk analysis" finds an immediate threat to someone’s physical health or safety arising from the allegations. "The student respondent will be provided notice and an opportunity to challenge the decision immediately following the removal." The policy gives no day count and does not say who reviews the challenge.
  • Student Code interim measures. The vice president of student affairs or a designee may impose an interim measure, including interim suspension, before student conduct proceedings or in a safety-related emergency. Grounds include safety concerns and being charged with a criminal offense. "The interim measure becomes effective immediately upon notification and will remain in place until it is determined to no longer be necessary." The Code does not set out a review step for interim measures.
  • The "1219 hearing." A student arrested for a crime of violence (the Code’s list includes rape, sexual battery, gross sexual imposition, and domestic violence) may be suspended on an interim basis, and a hearing before a referee appointed by the university is held shortly after the arrest. At that hearing the student has the right to "Be represented by an attorney," to cross-examine witnesses, to call witnesses, and to present evidence. The Code warns: "If the student does not appear at the hearing, the student will be suspended." A conviction for an offense of violence on or near the university leads to suspension, and the Code says the student then needs board of trustees approval to return.

Appeals

Title IX appeals. "An appeal must be submitted in writing to the Title IX coordinator within five working days from receipt of a decision using the Title IX appeal request form and include all supporting material." You can appeal the determination, the sanctions, or a dismissal of the formal complaint or any allegations in it. "Appeals are not a re-hearing of the allegation(s)." There are four grounds:

  • a procedural irregularity that significantly affected the outcome (you must cite the specific procedures);
  • new evidence that was not reasonably available when the original decision was made and could have affected the outcome;
  • a conflict of interest or bias of the Title IX coordinator, investigator, or decision-maker that affected the outcome; or
  • sanctions "substantially outside the parameters or guidelines set by the university for this type of violation or the cumulative conduct record of the responding party."

For a student respondent, the appellate review officer is the vice president of student affairs or a designee, or a deputy Title IX coordinator who did not take part in the investigation or hearing. "Generally, within five business days after receipt of the request for appeal," that officer checks whether the appeal is timely and meets the grounds. A late or ungrounded appeal is denied, and that denial "is final and is not subject to further appeal." If the appeal is accepted, the other party may respond "within three business days from notification." The officer may affirm, send the case back to the original investigators or hearing panel, order a new investigation or hearing panel in a case of bias, or change the finding. The appeal decision is final, and a case sent back is "not eligible for a second appeal." The policy gives no deadline for the final appeal decision and does not say whether sanctions are paused while an appeal is pending.

Student Code of Conduct appeals are separate. In a Code case, the decision "may be appealed by the respondent or complainant (the appellant) within five university working days of notification of the decision," and an appeal not received "by five p.m. Eastern time on the fifth university working day" leaves the decision final. Code appeals go by electronic form to the Office of Community Standards & Student Conduct, use different grounds (including a disproportionate sanction and a decision without a reasonable basis), and are decided by a three-member appellate hearing panel. During a Code appeal, sanctions are held in abeyance except active interim measures. Check which route your outcome letter names and use the deadline it gives.

FAQ

Can my advisor be a lawyer?
Yes. The Title IX policy allows an advisor of your choice "including an attorney," who may speak only during cross-examination at the hearing. YSU provides an advisor at no charge for the hearing if you have none. In the student conduct process an advisor may attend but may not actively participate on your behalf.

How long do I have to respond to the evidence?
The Title IX policy gives ten calendar days to respond in writing to the evidence before the investigative report is finished. The report itself comes at least ten calendar days before the hearing.

What if I do not attend the hearing or refuse to answer questions?
Under the Title IX policy, the decision-maker cannot rely on statements of a party or witness who does not submit to cross-examination and cannot draw an inference based solely on absence or refusal to answer. In a student conduct hearing, an unexcused absence can mean the hearing goes ahead without you.

How long do I have to appeal?
Under the Title IX policy, five working days from receipt of the decision. In a Student Code of Conduct case, five university working days of notification, by 5 p.m. Eastern on the last day. Use the deadline in your own outcome letter.

Do I have to talk to the police?
No. The policy says neither party "is under any obligation to speak with the law enforcement authorities, even when the conduct is reported to them." A criminal case does not pause the university process.

More guides for Ohio schools: Ohio Title IX lawyer.

Legal Review: Reviewed by Attorney T. Matthews, Esquire

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 Youngstown State University. Policies change, so confirm every deadline against your own notice and the currently posted documents, and with YSU’s Title IX Office (330-941-4629, titleix@ysu.edu).

Sources

Awards & Recognitions
As Seen on
CALL 24/7
Text Us
Live Chat
close

    100% Secure & Confidential

    MENU