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Which Title IX rules are in effect?
This article describes the federal grievance framework for formal sexual-harassment complaints at U.S. postsecondary institutions, not every college’s full misconduct policy. The Department of Education says the 2024 Title IX rule was vacated on January 9, 2025, and is not effective in any jurisdiction. On September 28, 2026, the Department announced that it had formally rescinded that rule and reinstated the 2020 regulation. The current eCFR text consulted for this article reflects amendments published September 29, 2026; it is the appropriate reference for the specific procedures below. The eCFR is a continuously updated, authoritative but unofficial version of federal regulations.
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In this framework, “sexual harassment” is a defined legal category, not a synonym for every form of sexual misconduct a campus may prohibit. It includes an employee conditioning a college aid, benefit or service on someone’s participation in unwelcome sexual conduct; unwelcome conduct that a reasonable person would find so severe, pervasive and objectively offensive that it effectively denies equal access to the college’s program or activity; and specified federal-law offenses of sexual assault, dating violence, domestic violence or stalking. The federal framework described here concerns covered conduct in the college’s education program or activity against a person in the United States.
The applicable federal provisions are 34 CFR §§ 106.30, 106.44 and 106.45. A college’s own current policy is essential for case-specific instructions, including how to contact its Title IX Coordinator and how it handles conduct that may fall outside the federal definition.
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What happens after someone reports sexual harassment?
A college with actual knowledge of covered sexual harassment must respond promptly in a way that is not deliberately indifferent. The regulation defines deliberate indifference as a response that is clearly unreasonable in light of the known circumstances. The Title IX Coordinator must promptly contact the complainant to discuss supportive measures, consider the complainant’s wishes, explain that measures may be available with or without a formal complaint, and explain how to file one.
A report can therefore prompt a college response without automatically starting the formal grievance process. A formal complaint is a document filed by the complainant or signed by the Title IX Coordinator that alleges sexual harassment and requests an investigation. When it is filed, the complainant must be participating or attempting to participate in the college’s education program or activity. The regulation permits filing in person, by mail, electronically or through another method designated by the college.
Supportive measures before or without a complaint
Supportive measures are individualized, non-disciplinary and non-punitive services offered as appropriate and reasonably available, without charge. Examples in the regulation include counseling, deadline extensions or other course adjustments, work or class schedule changes, campus escorts, mutual contact restrictions, changed work or housing locations, leave, and increased security or monitoring. Measures should restore or preserve access to the college’s program without unreasonably burdening the other party; the coordinator is responsible for effective implementation.
These measures are not a finding that anyone violated policy. The regulation provides limited confidentiality protections for supportive measures, but that is not a promise that every report, investigation or outcome will be confidential. Other legal requirements and campus policy may also affect information sharing.
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What starts the formal investigation?
After receiving a formal complaint, the college must give the known parties written notice of the grievance process and the allegations. The notice includes details then known, such as the parties’ identities, alleged conduct, and date and location if known. It must explain that the respondent is presumed not responsible unless and until the process reaches a determination, and describe the right to an advisor and the opportunity to inspect and review evidence.
The college must dismiss a complaint under Title IX if the alleged conduct, even if proved, would not meet the regulatory definition, did not occur in its education program or activity, or did not occur against a person in the United States. It may dismiss in specified circumstances, including a written withdrawal, the respondent leaving the institution, or circumstances that prevent the college from gathering sufficient evidence. A Title IX dismissal does not necessarily prevent the college from addressing the same conduct under another applicable conduct rule.
How does the college investigate and share evidence?
The college—not the complainant or respondent—has the burden of gathering evidence sufficient to determine responsibility. Both parties must have equal opportunities to identify witnesses and submit evidence that supports or cuts against the allegations. The college may not restrict their ability to discuss the allegations or gather and present relevant evidence.
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1Fix the driver behind crashes, sound loss and screen glitches2Clear out junk files and repair common Windows errors3Scan for outdated or missing drivers - takes under a minuteEach party must have equal opportunities to bring an advisor or other person to meetings, and must receive advance written notice of interviews, hearings or other meetings in which they are expected to participate. Both parties must be allowed to inspect and review evidence directly related to the allegations, including material the college does not intend to rely on and material that may favor either side.
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- Author(s): L.J. Carpenter, V. Acosta
- Published: 8-24-2004
- SHK01055
- Review the evidence. Before the investigative report is completed, each party must have at least 10 days to submit a written response to the evidence.
- Receive the report. The investigator must consider the parties’ responses and prepare a report that fairly summarizes relevant evidence. Each party must receive it at least 10 days before a hearing or another responsibility determination.
- Prepare for the next stage. Check the college’s written procedure for how it schedules meetings, handles evidence access and provides the report. The federal minimum does not mean every campus uses identical practical steps.
The coordinator, investigator, decision-maker and informal-resolution facilitator must not have a conflict of interest or bias. The decision-maker cannot also be the coordinator or investigator. Relevant evidence must be evaluated objectively, including evidence that supports or contradicts the allegations; credibility cannot be determined based on a person’s status as complainant, respondent or witness.
What happens at a Title IX hearing?
A postsecondary college’s grievance process must include a live hearing. Each party’s advisor may ask the other party and witnesses relevant questions, including follow-up questions that challenge credibility. The parties themselves may not conduct cross-examination. If a party comes to the hearing without an advisor, the college must provide one without charge for the purpose of asking questions.
A party may request separate rooms, using technology that lets participants see and hear the person answering questions. The hearing may also be conducted virtually. The decision-maker must screen questions for relevance and explain decisions to exclude a question. Questions about a complainant’s sexual predisposition or prior sexual behavior are generally not relevant, with limited exceptions: evidence offered to show someone other than the respondent committed the alleged conduct, or specific prior sexual behavior with the respondent offered to prove consent.
The institution must create an audio or audiovisual recording of the hearing, or a transcript, and make it available to the parties for inspection and review. The process is not a requirement that complainant and respondent personally question one another.
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How does the college issue a decision and handle an appeal?
A decision-maker separate from the investigator issues a written determination. It identifies the allegations, describes the procedural steps, states the factual findings and relevant code-of-conduct conclusions, and gives the result and rationale for each allegation. It also describes any sanctions and whether remedies will be provided to restore or preserve the complainant’s equal access. Both parties receive the determination at the same time.
The college must offer both parties an appeal from a responsibility determination and from a dismissal on at least these grounds:
- An outcome-affecting procedural irregularity.
- New evidence that was not reasonably available and could affect the outcome.
- An outcome-affecting conflict of interest or bias involving the coordinator, investigator or decision-maker.
An independent appeal decision-maker must issue a written rationale to both parties simultaneously. The college’s policy explains how to submit an appeal and any additional details of its appeal procedure.
How long does a Title IX investigation take?
There is no single federal deadline or universal case-length figure. The process must use reasonably prompt timeframes, but the regulation permits a temporary delay or limited extension for good cause. The college must give both parties written notice explaining the delay or extension. Examples of good cause include a party, advisor or witness being absent, concurrent law-enforcement activity, or the need for language assistance or a disability accommodation.
For a realistic estimate, consult the college’s published Title IX procedure for its stated timeline and extension rules. The individual circumstances of a case can affect how long the stages take; the federal rule does not establish a national average.
Can the college take action while a case is pending?
A college may emergency-remove a respondent only after an individualized safety and risk analysis finds an immediate threat to the physical health or safety of a person arising from the allegations. It must provide notice and an opportunity to challenge the removal immediately afterward. A non-student employee may be placed on administrative leave while the grievance process is pending, subject to applicable disability-law rights.
Informal resolution is optional, not a substitute the college can force on either party. It may be offered only after a formal complaint is filed, and not for allegations that an employee sexually harassed a student. If it is available, the college must provide written information about the process and obtain voluntary written consent from the parties. Either party may withdraw before agreeing to a resolution.
The college must preserve specified records relating to investigations, appeals, informal resolutions, training and responses for seven years.
How is a Title IX process different from a criminal case?
The Title IX grievance process is the college’s procedure for responding to a formal complaint under its federal obligations. It is distinct from a police investigation, criminal prosecution or civil lawsuit, each of which has its own process. A college may also have conduct rules that apply to behavior beyond the federal Title IX definition. A dismissal from the Title IX process does not itself decide whether another campus rule applies.
What should someone check in a college’s policy?
Because practical procedures vary by institution, use the college’s current policy and Title IX Coordinator contact information rather than assuming another campus’s steps apply. Useful details to locate include:
Quick Recap
- How to contact the coordinator and submit a report or formal complaint.
- What supportive measures are available and how to request them.
- The stated timeline, extension rules, and advisor and hearing arrangements.
- The evidence standard the college applies and the grounds and steps for appeal.
- How the college addresses conduct that does not meet the federal definition but may violate another campus rule.
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