Title IX informal resolution is a voluntary, flexible process for resolving allegations of sexual misconduct in schools without a full investigation or hearing. This guide is designed for students involved in a Title IX complaint who may feel overwhelmed by the prospect of a formal investigation. Understanding informal resolution is…
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Campus disciplinary proceedings play an increasingly significant role in determining a student’s academic future, professional opportunities, and reputation. For attorneys interested in student conduct defense, understanding how university disciplinary systems work—and how to effectively represent students within them—is essential. On Monday, December 15, 2025, at 10:00 AM EST, Partner Samantha…
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Key Takeaways Public universities must respect First Amendment rights, but can impose narrow restrictions on true threats, harassment, incitement, and unlawful conduct Speech protections vary between public campus areas (broader protections) and classrooms or private spaces (more restricted) Time, place, and manner restrictions are permitted if content-neutral, narrowly tailored, and…
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Classroom recordings involve the audio or video capture of faculty and students during classes, lessons, or educational activities. Recording laws encompass both professors recording students and students recording professors. Understanding the legal framework around these recordings is essential for avoiding violations and protecting privacy rights. There are many reasons faculty…
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Affirmative consent policies have fundamentally changed how college students must navigate sexual interactions, creating a standard that many argue is both unrealistic and problematic in practice. Under these policies, students must obtain explicit permission at every stage of sexual activity through clear words or actions, representing a significant departure from…
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Introduction: Title IX and Why It Matters Title IX is a federal law enacted in 1972 that prohibits sex-based discrimination under any education programs receiving federal financial assistance. In this guide, you’ll learn about the law itself as well as the Title IX regulations that inform how it is implemented…
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1. Introduction: What is a Title IX No-Contact Order? A Title IX no-contact order is a campus-issued directive that restricts communication and contact between parties involved in response to a report of conduct that could constitute sexual harassment. While no-contact orders are often issued in the context of a formal…
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Key Takeaways Student conduct hearings are formal university processes aimed at determining if students violated the code of conduct, usually decided using a “more likely than not” evidence standard that can favor the institution’s interests. While students typically have rights to present evidence and call witnesses, the process is frequently…
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Is hate speech illegal in the U.S.? In most cases, it is protected under the First Amendment. The U.S. Supreme Court has repeatedly ruled that most speech considered ‘hate speech’ is legally protected under the First Amendment. Many Americans support robust free speech protections, even for hate speech, reflecting a…
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When a student is accused of misconduct at a university, the process can feel overwhelming, especially as these hearings can carry consequences similar to those that occur during civil and criminal procedures. However, unlike the criminal justice system, campus disciplinary hearings are not always bound by the same rules of…
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Facing a college misconduct hearing can be one of the most stressful experiences a student will encounter. Whether the allegations involve academic dishonesty, harassment, Title IX violations, or any other form of misconduct, there’s a lot on the line. Disciplinary findings can have a lasting impact on a student’s academic…
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If you've been notified that a university is investigating a Title IX complaint involving an incident that occurred years ago, you may feel confused, blindsided, and unsure of your rights. Many people assume there’s a strict time limit on when these investigations can occur, but the reality is more complex.…
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In today’s world of smartphones and instant sharing, it’s easier than ever to press “record” and capture a moment. In higher education, students sometimes record professors or administrators, whether to document alleged misconduct, preserve lectures, or expose controversial statements. But what happens when that recording violates a school policy or…
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The University of North Texas will pay a $725,000 settlement to Timothy Jackson, a music theory professor who claimed to have suffered professional and emotional damage following accusations of racism and complaints of unfair criticism of the scholarship of a Black music theorist in a publication he edited back in…
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Facing a disciplinary hearing on campus can be a confusing, stressful experience for students. Suspension or expulsion can derail academic progress, tarnish a student's reputation, and have lasting consequences for their future. In many of these cases, students often wonder if they have a right to access the evidence against…
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Social media plays a significant role in how people communicate, express themselves, and document their lives. Platforms like Instagram, Snapchat, X, and TikTok are used every day by college students to share thoughts, opinions, and moments that, intentionally or not, become public record. For students involved in Title IX investigations,…
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Facing a serious accusation at a university can feel overwhelming, but when the accusation is anonymous, it can be even more difficult to defend yourself. Colleges and universities have their own procedures for handling complaints, but anonymous reports raise unique questions, and students need to be on guard to make…
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In a pivotal victory for academic freedom and the First Amendment, the U.S. Court of Appeals for the Seventh Circuit issued a major decision recently in Kilborn v. Amiridis, holding that public university professors retain strong free speech rights when it comes to teaching and scholarship. The decision aligns the…
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Students often take to social media, online review platforms, or even personal blogs to share their thoughts about professors, campus policies, and academic experiences. Some posts are glowing; others, not so much. However, when a student’s online comment about a faculty member crosses into critical or negative territory, you may…
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If you’re involved in a Title IX investigation, whether as a complainant, respondent, or witness, one of the first questions you may have is how your privacy will be protected. Title IX cases often involve sensitive and deeply personal issues, and the fear of public exposure can prevent individuals from…
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As a student or faculty member, you may feel that your personal website or blog is a private space to express your views, share experiences, or explore controversial topics. But what happens when your university takes issue with what you've written? Can a school legally discipline someone for speech made…
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In recent years, the use of trigger warnings and the establishment of safe spaces on college campuses have sparked heated debates about free speech and academic freedom. While some argue that these practices promote inclusivity and protect mental health, others claim they suppress open discourse and stifle intellectual diversity. That…
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Universities have long been spaces for political discourse, debate, and activism. But in today’s polarized climate, students, faculty, and staff may wonder if expressing political views on campus can lead to serious consequences like expulsion or termination. If you are facing disciplinary action for political speech, it is essential to…
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Facing disciplinary action at a college or university can be overwhelming, especially if you believe the process was unfair. Students accused of misconduct often face inadequate or one-sided procedures that lack due process. If you believe you’ve been subjected to an unfair disciplinary process on campus, please continue reading and…
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College campuses have long been hubs for activism, debate, and political expression. From the civil rights and anti-war movements in the past, to modern student protests addressing hot-button issues, both graduate and undergraduate students have acted as catalysts for change by playing central roles in protest movements.  Still, universities must…
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Free speech is a cornerstone of higher education, fostering intellectual debate and academic discovery. However, the rights of professors and students are not identical when it comes to free speech, especially in the context of public universities. Professors face unique legal standards that balance their roles as educators and employees…
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Compelled speech is a complex and often misunderstood concept in the realm of free expression, particularly in higher education. It refers to situations where the government (including governmental entities such as state universities) requires you to express ideas or beliefs you may not agree with, and it can be a…
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Free speech is a fundamental right in higher education, but its scope and protections vary significantly between public and private colleges and universities. Understanding these differences is essential for students facing censorship or punishment of their speech on campus. Note that it is crucial to distinguish between a public institution…
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Last month, a Pennsylvania federal judge denied Carnegie Mellon University’s motion to dismiss Title VI discrimination and retaliation claims brought by a Jewish student alleging that she was subjected to antisemitic discrimination at the university*. This is an important ruling, particularly in light of the rise in antisemitism on campus…
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