Title IX of the Education Amendments of 1972 is a federal civil rights law prohibiting sex-based discrimination in any education program or activity receiving federal financial assistance. This includes nearly all colleges and universities in Massachusetts. Title IX protects students from discrimination based on sex or gender, including sexual harassment, sexual assault, dating violence, and retaliation for reporting misconduct. Learn more from the U.S. Department of Education.

Types of Title IX Violations

Title IX violations go beyond the classroom. They include:

• Sexual harassment: This can be verbal, physical, or online. Inappropriate jokes, unwelcome comments, and offensive imagery may qualify.
• Sexual assault or misconduct: Any non-consensual sexual activity can be considered a Title IX violation.
• Stalking and dating/domestic violence: These are considered violations when they involve individuals within the college community.
• Retaliation: Any punishment or negative action taken against someone for reporting a violation or participating in an investigation.

The Title IX Investigation Process: What to Expect

Most institutions follow a similar process when investigating a Title IX complaint:

1. Filing a formal complaint
2. Initial assessment by the Title IX coordinator
3. Independent investigation  (interviews, evidence gathering)
4. Hearing or decision-making process
5. Outcome and possible sanctions
6. Opportunity to appeal

Massachusetts schools often have policies that exceed federal requirements, offering additional procedural safeguards or broader definitions of misconduct. Be sure to consult your college’s Title IX policy directly.

Rights of Complainants (Alleged Victims)

If you or your child is a complainant in a Title IX case, you have the right to:

• A prompt and impartial investigation
• Access to supportive measures, such as academic adjustments or no-contact orders
• Be notified of the outcome of the case
• Have an advisor or attorney accompany you throughout the process
• Appeal a decision if you believe the outcome was incorrect or unfair

Rights of Respondents

Students accused of a Title IX violation also have important legal protections, including the right to an impartial investigation, among others:

• The right to know the allegations in full detail
• The right to present evidence
• The right to avoid self-incrimination
• The right to have an attorney or advisor present
• A presumption of innocence throughout the process
• The right to appeal any findings or sanctions

The Role of Advisors and Attorneys

Colleges are now required to allow an advisor during live hearings. While schools may appoint someone to this role, families often prefer to retain an experienced attorney. In many cases, an attorney can:

• Help meet important deadlines
• Assist in gathering and organizing evidence
• Ensure the student’s rights are protected
• Advocate for outcomes that minimize long-term damage to educational or career prospects

Need Help Navigating a Title IX Case?

If your child is involved in a Title IX investigation—either as a complainant or respondent—it’s crucial to act quickly. The stakes are high, and the process can be intimidating. At Kerstein and Konowitz Law Group, we offer knowledgeable and compassionate legal support to guide families through this complex process with clarity and care.

Contact us today to schedule a confidential consultation.