Title IX Grievance Procedures: From Complaint to Appeal

Title IX grievance procedures are the step-by-step process a federally funded school must follow when someone reports sexual harassment: intake of a formal complaint, written notice to both parties, a neutral investigation with two evidence-review windows, a live hearing with cross-examination at colleges and universities, a written determination under a defined evidence standard, and an appeal on specified grounds. These steps come from the Department of Education’s 2020 Title IX regulations, which schools are required to follow after a federal court in Kentucky vacated the 2024 replacement rule in January 2025 and the Department issued a February 2025 Dear Colleague letter directing compliance with the 2020 rule.¹²

Filing the Formal Complaint

A formal complaint is a document alleging sexual harassment against a specific person and requesting that the school investigate. It must be filed by the complainant, or signed by the school’s Title IX Coordinator, and the complainant must be participating in or attempting to participate in the school’s education program when it is filed.³

Complaints can be submitted in person, by mail, or by email using the contact information the school is required to publish for its Title IX Coordinator. Many schools also provide an online portal. The document must carry the complainant’s physical or digital signature, or otherwise indicate the complainant is the filer. If the complainant does not want to file but the Coordinator determines an investigation is necessary, the Coordinator can sign the complaint; doing so does not make the Coordinator a party.

The complaint should identify the respondent, describe the conduct alleged, and give dates and locations to the extent known. Schools typically offer intake forms, but the regulations require no particular format beyond the signature and the request to investigate.

Written Notice and Who Handles the Case

Once the complaint is filed, the school must send written notice of the allegations to both parties with enough detail for the respondent to prepare a response: the identities of those involved if known, the specific conduct alleged, and the date and location of the incident.⁴ The notice must also state that the respondent is presumed not responsible until a decision-maker concludes otherwise at the end of the process, and it must inform both parties that they may have an advisor of their choice, including an attorney, and that they will have the chance to inspect and review the evidence before the investigation concludes.

Three roles run the case, and one person generally cannot fill more than one of them in the same matter. The Title IX Coordinator handles compliance and intake. The investigator gathers evidence and interviews witnesses. The decision-maker weighs that evidence and decides responsibility, and under the 2020 rule cannot be the same person who served as Coordinator or investigator on that complaint. All three must be trained on the definition of sexual harassment, impartial handling of the process, and their specific role, and the school must publish its training materials online. Any official with a conflict of interest or bias must be removed from the case.

The Investigation and Evidence Review

The investigation is a neutral fact-finding process. The school bears the burden of gathering evidence, so neither party is required to build a case on their own. The investigator interviews witnesses, collects documents and electronic material such as text messages or security footage, and pursues evidence that both supports and undercuts the allegations. Both parties and their advisors may present witnesses and other evidence. Credibility cannot be judged based on whether someone is the complainant or the respondent.

Two ten-day review windows sit at the center of the investigation phase. Before the investigative report is finalized, both parties and their advisors must receive all evidence directly related to the allegations, in electronic or hard-copy form, with at least 10 days to inspect, review, and respond. The investigator then compiles a report that fairly summarizes the relevant evidence, and that report must be shared with both parties and their advisors at least 10 days before any hearing or responsibility determination.⁴

The Live Hearing at Colleges and Universities

Postsecondary institutions must hold a live hearing before making a determination. It can take place in person or virtually, using technology that lets everyone see and hear each other in real time, and either party may request separate rooms connected by video.⁴

Cross-examination is the defining feature. Each party’s advisor is permitted to ask the other party and any witnesses relevant questions, including credibility questions. Cross-examination must be oral, in real time, and conducted only by the advisor, never by the party personally. If a party does not have an advisor, the school must provide one free of charge for cross-examination purposes; that advisor need not be an attorney. The decision-maker presides, must rule on the relevance of each question before it is answered, and must explain on the record why any question is excluded. The school must create an audio or audiovisual recording, or a transcript, of the entire hearing.

Rape Shield Protections

Questions and evidence about a complainant’s prior sexual behavior are treated as irrelevant, with two exceptions: evidence offered to show that someone other than the respondent committed the alleged conduct, and evidence of specific sexual behavior between the complainant and the respondent offered on the question of consent.⁴ Decision-makers and investigators receive specific training on applying these protections.

K-12 Schools

K-12 schools are not required to hold live hearings under the 2020 rule and may use alternative processes to reach a determination. They must still meet the investigation, evidence-sharing, and written determination requirements.

Evidence Standard and Written Determination

Each school picks one of two evidence standards: preponderance of the evidence (more likely than not) or clear and convincing evidence. Whichever it chooses, it must apply the same standard to all sexual harassment complaints, against students and employees alike, and must state the standard in its published grievance procedures.⁵

After the hearing (or, for K-12 schools, after the decision-maker reviews the evidence), the decision-maker issues a written determination sent to both parties at the same time. It must include:

The specific allegations that were investigated.
The procedural steps taken from complaint through hearing, including notifications, interviews, and methods used to gather evidence.
Findings of fact and the reasoning behind them.
Conclusions about whether the facts constitute a violation of the school’s sexual harassment policy.
The rationale connecting the evidence to each conclusion.
Any sanctions imposed on the respondent, which can range from a warning to suspension or expulsion.
Any remedies provided to the complainant to restore equal access to education.
Information on how to file an appeal, including the permitted grounds and the deadline.

Appealing the Decision

Either party can appeal the written determination, and a complainant can also appeal a dismissal of a formal complaint. Schools must offer appeals on at least three grounds:⁴

A procedural irregularity that affected the outcome.
Newly available evidence that could change the result and was not reasonably accessible during the initial process.
A conflict of interest or bias on the part of the Title IX Coordinator, investigator, or decision-maker that affected the outcome.

Schools may add appeal grounds, but these three are the minimum. The appeal is filed in writing within the timeframe the school sets in its procedures. The school then notifies the other party and assigns a new decision-maker who was not involved in the original determination. Both parties may submit a written statement supporting or challenging the outcome. The appeal decision-maker issues a written decision with reasoning, sent to both parties simultaneously, which typically ends the school’s internal grievance process.

Informal Resolution

Schools may offer informal resolution options, such as mediation or restorative justice, as an alternative to the full hearing process, but only after a formal complaint has been filed. Participation is voluntary; schools cannot require it as a condition of enrollment, employment, or any other right. Both parties must consent in writing, and either party can withdraw at any time and return to the formal process.⁴ Informal resolution is not available when the allegation involves an employee sexually harassing a student; that must go through the formal process. Anyone facilitating informal resolution must be properly trained.

Emergency Removal Before the Process Concludes

A school may remove a respondent from campus or a program on an emergency basis, but only after an individualized safety and risk analysis concludes that the respondent poses an immediate threat to someone’s physical health or safety arising from the sexual harassment allegations.⁶ Generalized fears or hypothetical risks are not enough. The respondent must receive notice of the removal and an immediate opportunity to challenge it, and the school must consider whether less restrictive supportive measures could address the safety concern first. Emergency removals must comply with disability laws, including the Individuals with Disabilities Education Act, Section 504 of the Rehabilitation Act, and the Americans with Disabilities Act.

Retaliation Is Prohibited

Schools must prohibit retaliation against anyone who reports sexual harassment, files a complaint, participates in an investigation or hearing, or supports someone who does. The protection covers both parties, witnesses, and advisors, and it reaches peer retaliation, not only actions by school employees.⁷ Retaliation complaints are handled through the same grievance procedures the school uses for other Title IX complaints, and a person who experiences retaliation can also file externally with the Department of Education’s Office for Civil Rights.

Filing a Complaint With the Office for Civil Rights

The school’s internal process is not the only route. A complaint can be filed with the Department of Education’s Office for Civil Rights (OCR) alleging that a school violated Title IX, including by mishandling a sexual harassment complaint or retaliating against a participant. The complaint must be filed within 180 calendar days of the discriminatory act.⁸

OCR accepts complaints through an electronic filing system, a fillable PDF form submitted by email or mail, and in some cases through mediation.⁹ If OCR finds a school out of compliance, it first tries to negotiate a voluntary resolution agreement listing the corrective actions the school must take. If the school refuses to correct the problem, OCR can begin proceedings to suspend or terminate federal funding, or refer the case to the Department of Justice.¹⁰ Exhausting the school’s internal process is not required; both paths can run at the same time, though OCR may defer its investigation while the school’s process is ongoing.

1
U.S. Department of Education. U.S. Department of Education to Enforce 2020 Title IX Rule Protecting Women
2
Congress.gov. Status of Education Department’s Title IX Regulations
3
GovInfo. 34 CFR 106.30 – Definitions
4
U.S. Department of Education. Summary of Major Provisions of the Department of Education’s Title IX Final Rule
5
U.S. Department of Education. Standard of Evidence
6
eCFR. 34 CFR 106.44 – Recipient’s Response to Sex Discrimination
7
eCFR. 34 CFR 106.71 – Retaliation
8
U.S. Department of Education. Questions and Answers on OCR’s Complaint Process
9
U.S. Department of Education. File a Complaint
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U.S. Department of Education. How the Office for Civil Rights Handles Complaints