What can I do if I lost my Title IX case for sexual harassment?
If I lost my Title IX case, can I still sue the school?
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You can file a complaint with the U.S. Department of Education, Office for Civil Rights (OCR).
You can file directly with them — it’s free and doesn’t require an attorney. The OCR can investigate whether your school’s Title IX process violated federal law or retaliated against you.
After you file the OCR complaint, a lawyer or investigator from their office will review your claim and contact the school for information. They’ll usually offer both sides a chance to discuss possible resolution terms — which can include things like reinstatement, tuition reimbursement, or clearing your record.
You can also suggest what outcome you’re seeking (for example, relief from loans, transcript corrections, or damages). The OCR investigator will weigh that in your case.
It’s much faster and less costly than suing, and they have direct enforcement power under Title IX.
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If I lost my Title IX case, can I still sue the school?
Lexi, Chatbot
I’m sorry to hear that you’re dealing with this situation — it can be stressful. Have you already filed a complaint with your school regarding the Title IX issue?
Yeah.
Lexi, Chatbot
What specific actions or incidents are you considering suing the school for?
Neglect and emotional distress.
Lexi, Chatbot
Is there anything else the lawyer should know before I connect you? Rest assured they’ll be able to help with your neglect and emotional distress claim.
Yes.
Michael M. Esq.
Hello! My name is Michael, and I’m an attorney ready to help. Your responses matter to me, so I only need a few minutes to review and respond to each of your posts.
When did you lose the case?
The judgment on the Title IX case was somewhere back in 2023.
Michael M. Esq.
I’m so sorry about that. To clarify — did you go to court over this originally?
No, it was just the school’s internal investigation.
Michael M. Esq.
Understood. So you’re wondering what your rights are now, correct?
I’m wondering if I can still push for other legal actions even though the school sided with the professor.
Michael M. Esq.
Okay. Did you need to tell me anything else before I start answering your question?
Here’s what the panel said:
“Under the Title IX Policy, behavior may constitute sexual harassment when it involves ‘unwelcome (or non-consensual) conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the University’s education program or activity.’
Dr. [NAME], through his advisor, acknowledged during the hearing that his conduct during the March 8 call, as described by Ms. Spicer, was objectively offensive. The Panel determined, however, that Dr. [NAME]'s conduct cannot be considered ‘pervasive.’ It is undisputed that the parties had no contact after the March 8 call and that Dr. [NAME] complied with the No Contact Order. Ms. [NAME] identified no conduct of a sexual nature by Dr. [NAME] before or after the March 8 call.
Accordingly, regardless of Dr. [NAME]’s concession about the nature of that interaction or the panel’s concerns, the panel concludes that Dr. [NAME] did not engage in sexual harassment as defined by the Title IX Policy.”
Michael M. Esq.
Short answer: You could technically sue, but it would be difficult to win.
Long answer:
Courts typically give schools broad discretion in how they handle internal disciplinary decisions under Title IX. Unless you can prove a serious procedural failure, discrimination, or bad faith (for example, retaliation or bias in the process), a court won’t usually overturn or second-guess the school’s outcome.
In your case, the process was followed, and the panel made a reasoned decision based on its findings — even if you disagree with it.
“Neglect” isn’t really a recognized cause of action here. Schools don’t have a general legal duty to protect students from all harm unless you can prove a specific legal duty, a breach of that duty, and measurable damages directly caused by it.
For emotional distress, you’d have to show either:
- Extreme and outrageous conduct, or
- A physical impact related to the distress.
A school’s investigation or decision — even if unfair — doesn’t meet that standard legally. Courts reserve those claims for truly shocking conduct (e.g., harassment or retaliation ignored entirely).
So, while you can technically sue, it’s unlikely to succeed — and may not be worth your time, stress, or cost.
Okay, because I was forced to continue taking classes with him as my professor while all this was happening. I ended up dropping out of the program because of it.
Michael M. Esq.
I understand. That must have been incredibly difficult.
Did you ever file a complaint with the Office for Civil Rights (OCR)?
No, I have not.
Michael M. Esq.
You can file a complaint with the U.S. Department of Education, Office for Civil Rights (OCR).
You can file directly with them — it’s free and doesn’t require an attorney. The OCR can investigate whether your school’s Title IX process violated federal law or retaliated against you.
After you file the OCR complaint, a lawyer or investigator from their office will review your claim and contact the school for information. They’ll usually offer both sides a chance to discuss possible resolution terms — which can include things like reinstatement, tuition reimbursement, or clearing your record.
You can also suggest what outcome you’re seeking (for example, relief from loans, transcript corrections, or damages). The OCR investigator will weigh that in your case.
It’s much faster and less costly than suing, and they have direct enforcement power under Title IX.
Okay, thanks for the information.
Michael M. Esq.
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