Navigating Title IX Investigations: What Every Student Should Know

When allegations of sexual misconduct arise on campus, a Title IX investigation can feel every bit like a courtroom trial—with life-altering stakes. For many students, the risk isn’t just disciplinary sanctions (suspension or expulsion) but also a permanent mark on their academic and professional records.

Key Rights in a Title IX Proceeding

• Vigorous cross-examination of the complaining witness, ensuring any inconsistencies can be exposed.

• Awareness of parallel criminal investigations—you may face both campus and criminal processes at once.

• Ability to present your own witnesses and evidence, just as you would in court.

• Access to all witness lists and statements from the other side, so you can prepare fully. Treat your campus hearing with the same seriousness as a trial 

Common Missteps to Avoid

• Speaking without counsel: Anything you say—whether in writing, interviews, or informal chats—can be used against you.

• Self-representation: Trying to go it alone often leads to missed procedural protections or evidentiary rules.

• Incriminating communications: Texts, emails, or social-media messages can be subpoenaed; don’t send anything you wouldn’t want reviewed in a hearing 

Understanding Consent and Capacity

Title IX centers on two fundamental questions: Did both parties consent? And was anyone incapacitated? Alcohol or drug impairment can negate even initially voluntary encounters, creating “nuance” that campus panels must untangle—often long after the fact 

Take-Home Message

If you’re accused of sexual harassment, stalking, discrimination, or any form of sexual misconduct under Title IX, secure experienced legal counsel before saying a word. Early advice can safeguard your rights, preserve evidence, and prevent procedural missteps.

Kevin L. Collins, P.C. is a Board-certified criminal defense firm in San Antonio protecting students’ rights in Title IX and related proceedings. To schedule a consultation, please call +1 210 223 9480 or contact us online.