Sexual Misconduct, Title IX, and College Athletics: What Students and Parents Need to Know
Sexual assault in college athletics is not just a disciplinary problem; it is a civil rights issue under Title IX. Schools must respond to sexual harassment and assault complaints that compromise a student’s safety, education, or ability to compete. Below is a guideline on how Title IX applies to sexual misconduct in college athletics, the rights and options available to both reporting and accused student‑athletes, and how a Title IX attorney can help navigate the process.
What Counts as Sexual Misconduct Under Title IX?
Under Title IX, sex discrimination includes sexual misconduct such as sexual assault, attempted or completed rape, sexual coercion, and certain forms of sexual harassment. This can involve conduct in dorms, off‑campus housing, parties, team trips, locker rooms, or any setting connected to a school program or activity, including athletics.
For student-athletes, that means both serious physical acts (like assault or attempted rape) and certain patterns of unwelcome sexual conduct or pressure can fall under a school’s Title IX policies.
How Title IX Protects Students Who Report Misconduct
Title IX requires schools to take steps when they know or reasonably should know about sexual misconduct affecting a student. Schools must offer supportive measures, such as academic accommodations, housing or schedule changes, and no‑contact directives that are designed to restore or preserve a complainant’s equal access to education and athletics.
The school is also required to provide a process to determine whether its policies were violated, with clear notice of allegations, an opportunity to present information and witnesses, and written outcomes and appeal information. For student‑athletes, this process is meant to protect safety and support continued access to classes, training, and competition where possible.
How Title IX Protects Students Accused of Misconduct
Title IX is also designed to safeguard the rights of students who are accused of sexual misconduct, including college athletes. Schools cannot build systems that automatically favor one side. Both parties must be given equal opportunities to review information, present evidence, and have an advisor.
Recent regulations and guidance emphasize due process:
Schools may not use fixed rules that favor complainants over respondents.
Any right or opportunity offered to one party (for example, having an advisor in meetings) must be offered to the other on equal terms.
Interim measures such as suspensions or exclusions from teams must be individualized and should not unnecessarily deprive a student of education or athletic participation before a finding of responsibility.
For student‑athletes, this balance is important: Title IX is meant to protect against harassment and violence while also preventing schools from imposing premature or unfair penalties that could permanently damage an athlete’s education, eligibility, or reputation
How Can Our Title IX Team Help?
Because Title IX procedures are complex and high‑stakes, it’s important for students and families to seek legal guidance from a Title IX attorney, whether reporting misconduct or having been accused.
Here’s how our Title IX experts at Christine Brown & Partners can help:
Explain the school’s policies, timelines, and the rights of both complainants and respondents.
Prepare students for interviews, hearings, and written statements, so their perspective is presented clearly and completely.
Advocate for appropriate supportive measures that protect safety and access to education without imposing unfair burdens on either side.
Synthesize the individual set of facts with the relevant policies and regulations to help formulate winning arguments.
Evaluate whether the school is following Title IX requirements and advise on appeals, external complaints, or potential legal claims if procedures are not followed or rights are violated.
For accused student‑athletes, a Title IX attorney can also assess interim restrictions (such as removal from a team or housing), help challenge measures that are not supported by an individualized safety assessment, and work to minimize long‑term educational, athletic, and reputational harm when allegations are disputed.
If you have questions or believe you may have a Title IX matter, reach out today for a confidential consultation.
