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How Faculty Can Protect Their Rights in Title IX Cases

By Los Angeles Criminal Defense Attorney on April 12, 2025

For university faculty and academic professionals, few situations are as career-threatening and personally devastating as being named in a Title IX investigation.

While Title IX was designed to combat sex-based discrimination and harassment in educational settings, in recent years, it has increasingly been applied to faculty members accused of misconduct.

These cases are often stacked against the accused from the outset. Without a clear understanding of faculty Title IX rights, professors and educators risk making critical mistakes that can cost them their careers, reputations, and livelihoods.

At Werksman Jackson & Quinn LLP, we’ve successfully defended numerous educators facing Title IX investigations.

Title IX Investigations Involving Faculty

Title IX is a federal law prohibiting sex-based discrimination in federally funded educational institutions.

While often associated with student complaints, Title IX investigations involving faculty have become more common. They’re frequently used to address allegations ranging from sexual harassment and inappropriate relationships to retaliation and hostile work environments.

Unlike criminal cases, these investigations are handled internally by universities, but the consequences can be severe:

• Termination of Employment
• Loss of Tenure
• Damage to Academic Reputation
• Publication of Findings
• Loss of Future Career Opportunities
• Potential Criminal Referral

Universities are under immense pressure to show they take allegations seriously, which can lead to biased procedures that disregard faculty due process in Title IX cases.

The Biggest Mistakes Faculty Make in Title IX Investigations

When notified of a Title IX investigation, many professors believe that cooperating fully and explaining their side will quickly resolve the matter. Unfortunately, this approach can backfire. There are common mistakes faculty should avoid.

Speaking to Investigators Without Legal Counsel

Even informal conversations can be used against you. Title IX investigators are trained to document statements that may later serve as evidence of misconduct.

Underestimating the Severity of Your Case

Faculty often believe that years of service, tenure, or lack of ill intent will protect them. Universities prioritize risk management and public perception, not loyalty.

Communicating with the Complainant or Colleagues

Reaching out to the accuser, students, or coworkers to “clear things up” can be construed as retaliation or interference with the investigation.

Failing to Preserve Evidence

Emails, texts, syllabi, and other documents may be crucial to your defense. Deleting or altering records can lead to further sanctions.

Assuming the University Will Be Fair

Internal processes often lack the protections found in criminal courts. Policies may favor the complainant, and investigators may not be neutral.

Protecting Your Faculty Rights

Faculty members have rights during a Title IX investigation, but universities don’t always make these clear. Understanding and asserting these rights early can significantly impact the outcome.

Right to Notice

You are entitled to a written notice detailing the allegations against you before any interviews or hearings occur.

Right to Review Evidence

Before a decision is made, you must be given access to the evidence collected during the investigation and an opportunity to respond.

Right to an Attorney Advisor

You have the right to be accompanied by an advisor of your choice, including a lawyer, during meetings, interviews, and any university disciplinary hearing.

Right to Due Process

While each institution’s procedures vary, fundamental fairness requires that you be allowed to present evidence, challenge accusations, and defend yourself.

Unfortunately, universities sometimes shortcut these protections. Having experienced legal counsel ensures that your faculty’s due process in Title IX proceedings is respected.

The Role of Your Legal Defense Team

A Title IX investigation involving faculty isn’t just an HR matter. It’s a legal crisis. Universities have legal teams protecting their interests; you need someone protecting yours.

At Werksman Jackson & Quinn LLP, we provide comprehensive professor misconduct defense, including:

• Immediate case assessment: We review the allegations, university policies, and applicable federal guidelines.
• Strategic communication: We handle all interactions with investigators to prevent self-incrimination or misinterpretation.
• Evidence gathering: We identify and preserve key documents, communications, and witnesses critical to your defense.
• Representation in hearings: We prepare you for interviews and aggressively advocate during disciplinary proceedings.
• Reputation management: We work to mitigate damage to your academic standing and future employment opportunities.
• Criminal defense: If a university refers the matter to law enforcement, our team seamlessly transitions to protect you in criminal court.

Our goal is simple: safeguard your career, reputation, and rights through every stage of the process.

What to Expect in a University Disciplinary Hearing

Every institution has its own procedures, but most university disciplinary hearings under Title IX follow this structure:

1. Investigation phase: The university collects statements and evidence.
2. Draft report: Both parties review a preliminary report and submit responses.
3. Final report and hearing: A decision-maker (not the investigator) conducts a hearing where both sides can present arguments.
4. Sanctions: If found responsible, penalties can range from reprimands to termination.
5. Appeals: You may have a limited window to challenge the outcome.

Without proper representation, faculty members often feel powerless during these proceedings. That’s why having a skilled legal team is essential.

Act Fast to Protect Your Rights

The early stages of a Title IX investigation are critical. What you do and don’t say can determine whether allegations escalate or are dismissed. Engaging legal counsel immediately allows you to:

• Control the narrative
• Prevent procedural missteps
• Ensure your rights are upheld
• Develop a proactive defense strategy

Waiting until a hearing date is set may be too late to undo early damage.

Speak with an Experienced Los Angeles Title IX Attorney Today

The stakes are too high to face a Title IX investigation on your own. When your future, career, and reputation are on the line, trust the firm that educators and professionals in Los Angeles and across the nation rely on.

At Werksman Jackson & Quinn LLP, we bring decades of experience defending professionals in complex legal matters, including professor misconduct defense and faculty Title IX rights cases. We know how to protect your interests discreetly and effectively.

Call (213) 688-0460 for a confidential consultation with a Los Angeles Title IX lawyer today.