College Athletes and Title IX: Responding to Sexual Misconduct Allegations
Sexual misconduct is one of the most serious Title IX issues. For athletes, the new era of college sports brings new variables – financial pressures and visibility – that could change perception, scrutiny and what’s at stake if you make a mistake. The spotlight is greater, and the fallout can be faster. Understanding how to navigate a Title IX allegation is critical if you’re accused.
I was just accused of sexual misconduct or rape. What should I do?
Take the allegation extremely seriously. Title IX requires schools to investigate accusations of sexual assault that involve their students. You should:
Immediately review your school’s Title IX process. You have rights as a respondent, including notice of the charges, an opportunity to respond, and access to evidence. Do not ignore any communication from your school.
Seek legal advice right away. This can affect your educational record, your athletic eligibility, and your future.
Preserve evidence. Save texts, emails, or communications that could be relevant.
Avoid retaliation. Do not contact the complainant or attempt to influence witnesses. Do not text or post on social media. That could worsen your situation.
Remember: A school’s Title IX process is separate from any criminal investigation. You may face both, and they operate under different standards (preponderance of evidence vs. criminal standard of proof).
Can my athletic scholarship or roster spot be affected during an investigation?
Yes. Schools can put in place “interim measures” such as removing you from competition or practice while an investigation is ongoing, if they feel it is necessary for campus safety. These measures are not supposed to be punitive before any findings are made, but they can still directly affect your ability to compete.
If you believe the measures are unfair or excessive, you can request a review or modification. It’s important to keep close communication with your school and legal counsel to protect both your athletic and legal rights.
What are my rights in a Title IX investigation as a respondent?
You have the right to a fair and impartial process. Both the complainant and the respondent are entitled to supportive measures, equal access to evidence, and the opportunity to present their side. Most schools must also provide access to advisors, allow for appeals, and ensure that investigations are conducted without bias.
Keep in mind, however, that campus processes generally use a “preponderance of evidence” standard (more likely than not) rather than the criminal standard of “beyond a reasonable doubt.” Understanding this difference, and seeking advice from someone who understands both school and legal procedures, is essential.
