Title IX of the Education Amendments of 1972 affords protection from discrimination based on sex in education programs or activities that receive federal financial assistance. Schools subject to Title IX must independently investigate claims of sex discrimination, assess responsibility to a party (based on their own codes of conduct that are compliant with Title IX), and administer any appropriate disciplinary measures. Title IX investigations are supposed to be a fair and effective tool to make informed decisions about student complaints. Not surprisingly, the practical application of this federal law is often as nuanced as the behaviors that brought about the complaint to begin with. A recent case demonstrates this very well.

In Matter of P.C. v. Stony Brook University (2023 N.Y. App. Div), a student respondent was accused of violating several sections of the university’s Code of Student Responsibility by “engaging in various forms of sexual misconduct against [a fellow student].” As such, a Title IX investigation into the conduct at question was initiated, and the University Review Panel determined that the accused student was in fact responsible for violating several sections of the university’s Code. Ultimately, the student respondent was suspended.