Appeals Equity (Response 8/13/2020)

Appeals
Question:

The Title IX Coordinator uses their discretion to dismiss a Title IX matter during the investigation stage, when the respondent withdraws from the university, over the protest of the complainant. The complainant then appeals the dismissal. Can the respondent, who is no longer a student, and is not attempting to participate in the educational program, participate equitably in the appeal according to the regs or does their withdrawal terminate their rights under the regulations?

Answer:

The new Title IX Rule grants complainants and respondents equal rights to appeal, and to participate in any filed appeal, pursuant to § 106.45(b)(8). The Rule does not condition those rights on whether a complainant or respondent is enrolled or employed by the recipient, participating in the recipient’s education programs or activities, or otherwise has an affiliation or relationship to the recipient.