ECU Title IX – Defense Attorney

Understanding ECU’s Title IX Adjudication Process

East Carolina University (ECU) is committed to fostering a safe and inclusive campus environment. As part of this mission, ECU adheres to Title IX of the Education Amendments of 1972, which prohibits discrimination on the basis of sex in federally funded educational programs or activities. One critical component of Title IX is how ECU handles reports of sexual misconduct, including sexual harassment and assault. This post outlines ECU’s Title IX adjudication process to provide a clear understanding of what individuals can expect.

Step 1: Reporting an Incident

Anyone can report a potential Title IX violation at ECU, including students, employees, and third parties. Reports can be submitted to:

• ECU’s Title IX Coordinator

• Campus security

• ECU’s online reporting portal

Reports can be anonymous, so it is important to develop an investigation plan early to address any bias that the reporting party may have.

Step 2: Initial Assessment and Supportive Measures

After receiving a report, the Title IX Coordinator conducts an initial assessment to determine:

• Whether the reported conduct falls under Title IX’s jurisdiction.

• If there’s enough information to proceed with an investigation.

Regardless of whether a formal complaint is filed, ECU provides benefits that may serve as a motive for the complainant. These measures may include:

• Counseling services

• Academic adjustments

• No-contact directives

• Housing or work adjustments

Step 3: Filing a Formal Complaint

A formal complaint must be filed to initiate the Title IX grievance process. The complainant or the Title IX Coordinator can submit the initial complaint.

Once a complaint is filed, both parties (the complainant and the respondent) are notified in writing. The notice includes:

• Details of the allegations

• Information about the grievance process

• The rights of both parties

Step 4: Investigation

ECU assigns a trained investigator to collect evidence and conduct interviews with the complainant, respondent, and witnesses. Key elements of the investigation process include:

• A thorough review of all evidence.

• Opportunity for both parties to provide information and submit evidence.

• A chance to review and respond to the evidence before the final report is completed.

The investigation concludes with a detailed report summarizing the evidence, which is shared with both parties for review.

Step 5: Hearing and Adjudication

If the investigation finds sufficient evidence to proceed, ECU conducts a live hearing before a neutral decision-maker. The hearing process includes:

• Both parties having the opportunity to present their case.

• Cross-examination conducted by attorneys / advisors  (not the parties themselves).

• A focus on maintaining respect and decorum during the proceedings.

The decision-maker evaluates the evidence and determines responsibility based on the “preponderance of evidence” standard—whether it is more likely than not that the alleged conduct occurred.

Step 6: Outcome and Sanctions

If the respondent is found responsible, sanctions are determined based on the severity of the violation and may include:

• Educational measures

• Probation

• Suspension or expulsion

• Termination of employment (for employees)

Both parties are notified of the outcome in writing, including the rationale for the decision and details about sanctions (if applicable).

Step 7: Appeals

Both the complainant and the respondent have the right to appeal the decision. Grounds for appeal include:

• Procedural irregularities that affected the outcome.

• New evidence that could alter the decision.

• Conflicts of interest or bias among investigators or decision-makers.

The appeal process ensures a final review of the case before closure.

Title IX cases can be extremely confusing. To ensure you are fully prepared to defend yourself, working with an experienced Title IX defense attorney is vital. At MTL, PLLC we will work hard to ensure that the institution takes your case seriously and upholds your due process rights. Call 910-939-0263 today or schedule a free consultation online.