Being accused of sexual misconduct at San José State University, Santa Clara University, or another Bay Area college can put your education, reputation, and future at risk. Depending on the allegations, you may face a university investigation, disciplinary sanctions, suspension, expulsion, or even a separate criminal investigation.
You have the right to consult an attorney, and under the applicable federal Title IX procedures, you may select an attorney as your advisor. However, the attorney’s role during university proceedings depends on the school’s policies and the procedures governing your case.
At The Nieves Law Firm, APC, our San Jose Title IX defense lawyers represent students and other individuals accused of sexual misconduct. We assist with campus investigations, evidence review, interviews, hearings, interim restrictions, and appeals.
Because our practice focuses on criminal defense, we can also evaluate situations where university allegations may create potential criminal exposure.
If you have received a Title IX notice or request for an investigative interview, consider speaking with an attorney before providing a detailed statement. Early decisions can affect both the university proceeding and any related criminal investigation.
Why Choose The Nieves Law Firm for Title IX Defense?
Criminal Defense Experience
The Nieves Law Firm was founded in 2012 and focuses on criminal defense and related high-stakes proceedings.
That background is particularly relevant when allegations of campus misconduct could also result in criminal charges.
Preparation for Disputed Allegations
We understand the importance of reviewing the evidence, examining witness accounts, identifying procedural issues, and preparing for consequential interviews and hearings.
Representation in Reputation-Sensitive Matters
Sexual misconduct allegations can have consequences extending beyond the immediate university proceeding, including educational, employment, professional licensing, and reputational concerns.
We approach these matters with attention to both immediate procedural deadlines and potential long-term consequences.
Clear Communication
Clients need to understand the allegations against them, what procedural stage comes next, and what decisions require their attention.
Our goal is to help clients make informed decisions throughout the process.
English and Spanish Services
Our firm provides legal services in English and Spanish.
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What Is Title IX?
Title IX is a federal civil rights law that prohibits discrimination based on sex in education programs and activities receiving federal financial assistance.
Under Title IX, colleges and universities have obligations concerning certain allegations of sexual harassment and sexual misconduct.
A student accused of prohibited conduct is generally referred to as the respondent. Depending on the allegations and governing procedures, the respondent may face an investigation, interviews, evidence review, a hearing, a determination of responsibility, disciplinary sanctions, and an appeal.
However, not every sexual misconduct allegation at a university follows the same federal Title IX process.
Some allegations may fall outside the federal Title IX grievance procedures but remain subject to university policies or applicable California law.
Identifying the correct procedure is one of the first steps in preparing a defense.
What Title IX Rules Apply in California in 2026?
As of October 2026, the federal Title IX regulations originally adopted in 2020 provide the operative framework.
The U.S. Department of Education issued replacement regulations in 2024. Those regulations were subsequently vacated by federal courts, and the Department returned to enforcing the 2020 regulations.
On September 29, 2026, a federal rule formally restored the previously operative regulatory text in the Code of Federal Regulations.
For qualifying postsecondary sexual harassment complaints, the 2020 framework provides important procedural protections, including:
- Written notice of the allegations.
- A presumption that the respondent is not responsible unless and until responsibility is determined through the applicable grievance process.
- An opportunity to identify witnesses and present evidence.
- Access to evidence directly related to the allegations, subject to the governing procedural rules.
- A written investigative report and an opportunity to respond.
- A live hearing in covered postsecondary proceedings.
- Questioning of the other party and witnesses by an advisor.
- A written determination explaining the outcome.
- An appeal on specified grounds.
These protections are principally addressed in
California law and university policies may establish additional or different requirements for proceedings that fall outside the federal grievance framework.
For example, California Education Code § 66281.8 establishes requirements for covered postsecondary institutions receiving state financial assistance, including procedures concerning sexual harassment complaints.
The critical question is not simply whether the university calls the matter a Title IX case. It is which law and institutional procedure actually govern the allegations.
Can I Have a Lawyer During a Title IX Investigation?
Yes. The federal Title IX framework permits parties to select an advisor of their choice, including an attorney.
An attorney can advise a respondent about the allegations, review university policies, analyze evidence, assist with written submissions, and prepare the student for interviews and hearings.
The attorney’s authority to speak during university proceedings depends on the applicable process.
During an investigative interview, the institution may limit an advisor’s active participation under rules applied consistently to both parties.
In a covered postsecondary hearing under the 2020 federal Title IX regulations, however, questioning of the opposing party and witnesses is conducted by the party’s advisor, not personally by the student.
If a party lacks an advisor for that hearing, the institution must provide an advisor to conduct the required questioning.
What Happens During a Title IX Investigation?
Although procedures vary, a university sexual misconduct investigation may involve several stages.
1. Notice of Allegations
The university notifies the respondent of the alleged misconduct and identifies the policy provisions potentially violated.
A lawyer can review whether the notice provides the information required by the governing procedure and identify any applicable deadlines.
2. Investigative Interviews
The investigator may interview the complainant, respondent, and witnesses.
A respondent should understand the allegations and possible legal consequences before giving a detailed statement.
Interview preparation should focus on accuracy, consistency, relevant supporting evidence, and avoiding speculation.
3. Evidence Collection and Review
The university may gather communications, witness statements, electronic records, and other evidence.
Respondents may have an opportunity to inspect and respond to evidence under the applicable rules.
An attorney can evaluate whether the investigation addresses significant factual disputes and whether relevant evidence has been overlooked.
4. Written Responses and Investigative Report
The respondent may have an opportunity to provide a written statement, identify witnesses, comment on evidence, or respond to the investigative report.
Written submissions can become an important part of the disciplinary record.
5. Hearing or Other Decision-Making Process
In cases requiring a hearing, the respondent may present evidence and participate in questioning through the procedure established by the institution.
Some non-federal university proceedings may use a different decision-making process.
6. Written Determination and Possible Discipline
The university issues its findings and, when appropriate, determines sanctions.
Depending on the policy, potential sanctions may include disciplinary probation, suspension, expulsion, restrictions on campus participation, or other measures.
7. Appeal
A respondent may have grounds to challenge an adverse outcome.
The availability, scope, and deadline for an appeal depend on the applicable policy.
What Standard of Proof Applies in a Title IX Case?
University disciplinary proceedings do not use the same standard of proof as criminal trials.
Under the 2020 federal regulations, institutions generally use either the preponderance of the evidence standard or the clear and convincing evidence standard, subject to federal requirements concerning consistent application.
Preponderance of the evidence means that the decision-maker finds it more likely than not that the prohibited conduct occurred.
Clear and convincing evidence is a higher standard requiring a firm belief or conviction in the truth of the allegations.
Santa Clara University’s published procedures use the preponderance standard.
A criminal conviction, by contrast, requires proof beyond a reasonable doubt.
Because the applicable standards and rules differ, university proceedings and criminal cases can produce different outcomes based on the same underlying allegations.
How Does Cross-Examination Work in a Title IX Hearing?
In covered postsecondary proceedings governed by the 2020 federal Title IX framework, a live hearing must provide an opportunity for the advisor of each party to ask relevant questions of the other party and witnesses.
The decision-maker determines whether a question is relevant before the witness is required to answer.
The student does not personally conduct the required cross-examination.
An important legal distinction concerns statements from parties or witnesses who do not submit to cross-examination.
In Victim Rights Law Center v. Cardona, a federal court vacated the portion of the 2020 regulations that categorically prohibited decision-makers from relying on statements of parties or witnesses who did not submit to cross-examination.
As a result, respondents should not assume that a university is automatically barred from considering every prior statement made by an individual who does not participate in questioning.
The admissibility and weight of particular evidence must be evaluated under the applicable legal requirements and institutional policy.
Can a Student Be Suspended Before a Title IX Investigation Is Completed?
Potentially, but the legal basis for the action matters.
A university may impose certain interim measures while an investigation is pending.
Under the federal emergency-removal provisions, removing a respondent on an emergency basis requires an individualized safety and risk analysis, a determination that an immediate threat to physical health or safety arising from the allegations justifies removal, and notice with an opportunity for an immediate challenge following the removal.
Other university policies and applicable state laws may also affect the institution’s authority.
A student facing emergency removal should promptly review the stated basis, procedural rights, and deadlines.
How The Nieves Law Firm Defends Title IX Cases in San Jose
Title IX defense requires more than attending an investigative interview or appearing at a hearing.
At The Nieves Law Firm, our representation may include the following services.
Investigation and Early Case Assessment
We examine the allegations, governing university procedures, applicable deadlines, and potential consequences.
We also evaluate whether the allegations may expose the respondent to a criminal investigation.
Evidence and Witness Analysis
We review relevant communications, documents, investigative materials, and witness accounts to identify disputed facts, inconsistencies, and evidence that may support the defense.
Interview Preparation and Written Responses
We help clients prepare for university investigative interviews and assist with written responses where appropriate.
Our focus includes understanding the allegations, accurately presenting the client’s account, and evaluating how statements may affect other proceedings.
Hearing Preparation
When a hearing is required, we review exhibits, prepare relevant questions, analyze credibility issues, and develop a strategy consistent with the applicable hearing rules.
Where authorized, an attorney serving as the respondent’s advisor may conduct the required questioning.
Appeals and Procedural Challenges
We evaluate available grounds for appeal, including procedural errors, newly discovered evidence, bias, conflicts of interest, or other grounds recognized by the institution.
Coordination With Criminal Defense
When the allegations may also involve a criminal offense, we assess how the campus proceeding could affect a related police investigation or prosecution.
Having the Title IX and criminal defense strategies considered together can help identify risks that might otherwise be overlooked.
Frequently Asked Questions About Title IX Defense in San Jose
Do I Need a Lawyer for an SJSU Title IX Investigation?
An attorney is not mandatory in every SJSU disciplinary investigation. However, representation may be especially important when the allegations could lead to suspension, expulsion, professional consequences, or criminal exposure.
Can My Parents Hire a Title IX Lawyer for Me?
Yes. A parent may arrange and pay for legal representation. However, the identity of the attorney’s client, confidentiality, and decision-making authority should be clearly established. An adult student generally remains responsible for decisions concerning their own representation.
How Long Does a Title IX Investigation Take?
There is no single investigation deadline applicable to every university proceeding.
Under its published procedures, Santa Clara University generally aims to complete certain investigations within 90 days and certain hearings within 60 days following the investigative report, subject to applicable extensions.
SJSU follows the timeframes established in the governing CSU procedures.
Can I Refuse to Participate in a Title IX Investigation?
Participation rules and consequences vary. A university proceeding may continue without a respondent’s participation, and refusing to provide information may affect the respondent’s ability to present a defense.
When criminal exposure is possible, the Fifth Amendment implications and institutional consequences should be evaluated with an attorney before deciding whether to answer particular questions.
Can I Be Expelled for a Title IX Violation?
Yes. Expulsion may be an available sanction for serious misconduct under applicable university policies. The appropriate sanction depends on the findings, policy provisions, and circumstances.
Can a Title IX Case Continue If Police Drop the Investigation?
Yes. University disciplinary proceedings and criminal investigations are separate. A university may continue its case even when no criminal charges are filed.
Can I Appeal an Adverse Title IX Decision?
Potentially. The federal Title IX framework provides appeal rights on specified grounds, and universities may provide additional appeal opportunities under their policies. Deadlines can be short, so reviewing the outcome notice promptly is important.
Are Title IX Investigations Confidential?
Universities maintain confidentiality and privacy requirements, but students should not assume every statement or investigative record will remain inaccessible to others. Disclosure rules, exceptions, and legal process can affect how information is shared.
Title IX Resources for San Jose Students
The following official resources provide information about the applicable regulations, university policies, and potential criminal proceedings.
- U.S. Department of Education: Title IX and Sex Discrimination
- Federal Title IX Regulations, 34 C.F.R. Part 106
- San José State University Respondent Support
- California State University Nondiscrimination Policies
- Santa Clara University Title IX Process
- Santa Clara University Title IX Policy
University information resources are not substitutes for independent legal representation.
Speak With a San Jose Title IX Defense Lawyer
If you or your child is facing a Title IX investigation or sexual misconduct allegation at San José State University, Santa Clara University, or another Bay Area school, the decisions made at the beginning of the process can affect the outcome.
A university investigation may involve short deadlines, evidence disputes, serious disciplinary consequences, and possible criminal exposure.
At The Nieves Law Firm, APC, we represent respondents in university misconduct proceedings and evaluate overlapping criminal-defense concerns when necessary.
Whether you have just received an allegation, are preparing for an interview, face an upcoming hearing, or need to assess an adverse decision, we can review the available information and discuss your legal options.
Contact The Nieves Law Firm, APC to schedule a confidential Title IX defense consultation.
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