Direct Answer: If you’ve been accused of sexual assault in college in Ohio, you are facing a Title IX disciplinary investigation, not a criminal trial, but the stakes (suspension, expulsion, loss of scholarships) are real. Under the Title IX regulations currently in effect (the 2020 Rule, reinstated by the U.S. Department of Education in January 2025), you have the right to an advisor of your choice, including a lawyer, who can personally cross-examine witnesses at your hearing. Ohio law (R.C. 3345.241) separately guarantees public university students written notice and a fair appeal hearing. The most important first steps: say nothing to the school or your accuser without counsel, preserve every piece of evidence, and contact a Title IX defense attorney immediately, before your first interview, not after.
At Hiltner Trial Lawyers, we focus on protecting our clients’ rights, ensuring their voices are heard, and defending their futures. Reaching out to a Title IX defense attorney could significantly affect the outcome of your case.
If you or someone close to you has been accused of sexual misconduct in college in Ohio your school is likely initiating Title IX disciplinary proceedings. While the school’s disciplinary process is distinct from the U.S. criminal justice system, taking the right steps is crucial to protecting your academic and personal future.
Below, we outline what Title IX entails, which rules apply in 2026, and what steps to take if you’re accused of sexual assault on an Ohio campus.
What Is Title IX?
Title IX of the Education Amendments of 1972 is a federal law that prohibits discrimination based on sex in education programs or activities receiving federal financial assistance. It states:
“No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving federal financial assistance.”
Since its inception, courts have interpreted Title IX to protect students from sexual harassment and assault, which can create a hostile educational environment.
Which Title IX Rules Apply Right Now?
This is a fast-moving area, and it matters which version of the rules your school is using:
2020 Rule (currently in effect):
Issued during the first Trump administration, took effect August 14, 2020.
2024 Rule (Biden administration):
Replaced the 2020 Rule in August 2024, then was vacated nationwide by a federal court on January 9, 2025.
Current status:
On January 31, 2025, the Department of Education confirmed it is once again enforcing the 2020 Rule for all open investigations. As of this writing, that remains the operative federal framework, though the Department has signaled it intends to issue a new formal rule in the future.
Because individual Ohio schools update their own conduct codes on their own timelines, it’s worth confirming with an attorney which version of your specific institution’s policy applies to your case.
How Do Title IX Proceedings in Ohio Differ From Criminal Trials?
If you’ve been accused of sexual assault in college in Ohio and are under investigation for a Title IX violation, your university’s disciplinary proceeding is not the same as a criminal investigation. It’s possible for an accuser to pursue both a university complaint and criminal charges, but if you’re not facing criminal charges, you generally only need to concern yourself with your school’s process.
Key differences:
Right to an Advisor
Under the 2020 Rule, every student involved in a postsecondary Title IX hearing has the right to an “advisor of choice”, and that advisor can be a licensed attorney.
At the live hearing, your advisor (not you personally) conducts cross-examination of the other party and any witnesses.
If you don’t have your own advisor, federal rules require the school to provide one for you at no cost, though the school does not have to appoint a lawyer.
This is different from many students’ assumption that they have “no right to a lawyer”, you do, and having one conduct your cross-examination is often decisive.
Standard of Proof
Schools may use either a “preponderance of the evidence” standard (more likely than not) or a “clear and convincing evidence” standard, but whichever one your school picks, it must apply that same standard consistently across similar conduct violations.
Presumption of Non-Responsibility
Investigation Process for Accusations of Sexual Assault in College
Interim Measures
Schools may impose temporary measures during the investigation, such as no-contact orders, removal from campus housing, exclusion from extracurricular activities, or interim suspension.
Appeal Rights
Both the complainant and the respondent generally have equal rights to appeal a decision. Usually on grounds like procedural error, newly discovered evidence, or a conflict of interest involving a decision-maker.
Potential Consequences
Sanctions can include suspension or expulsion, but, absent a simultaneous criminal case, cannot include criminal penalties like jail time.
Ohio Adds Its Own Due Process Protections
Beyond federal Title IX rules, Ohio has its own statute governing student discipline at public universities. Under Ohio Revised Code 3345.241 (enacted through Senate Bill 135), a state university must:
- Provide written notice of any disciplinary action and the reasons behind it
- Inform the student of their right to appeal
- Provide a fair and impartial hearing within a reasonable time if the student appeals
This is separate from, and in addition to, whatever your specific university’s Title IX policy requires, so an effective defense strategy in Ohio should account for both frameworks.
What Should You Do If Accused of Sexual Assault in College in Ohio?
Given the stakes: probation, suspension, expulsion, loss of scholarships or housing, and potential professional consequences, here’s what to do if you’re accused:
Don’t Discuss the Proceedings with Anyone on Campus
The school or prosecutors can use anything you say, including to friends, RAs, or professors, against you.
Don’t Contact or Retaliate Against Your Accuser in Any Way
Route all communication through your attorney.
Preserve Evidence Immediately
Text messages, emails, social media, and witness contact information.
Be Careful About Parallel Criminal Exposure
If your case could also result in criminal charges, prosecutors can potentially use your Title IX statements against you in court. Talk to an attorney before your first interview.
You should also contact an experienced Ohio Title IX defense attorney ideally before you’re interviewed for the first time, so your rights are protected from the start of the process.
Common Defenses in Title IX Cases
Every case is different, but defense strategies in Ohio Title IX matters often involve:
- Demonstrating the encounter was consensual
- Identifying a motive for the accuser to fabricate or exaggerate the complaint
- Challenging unreliable, incomplete, or contradictory evidence
- Establishing an alibi for the alleged time and place
- Showing the university failed to follow its own Title IX procedures or the requirements of the 2020 Rule
Why Hire an Attorney When Accused of Sexual Assault in College in Ohio?
Although Title IX proceedings aren’t criminal trials, they involve complex, fast-moving procedures. A Title IX defense attorney can:
- Help you understand the charges and process
- Serve as your advisor and personally conduct cross-examination at your hearing
- Ensure your school follows its own policy, the 2020 Rule, and Ohio’s R.C. 3345.241
- Minimize potential penalties and protect your academic record
Frequently Asked Questions
Do I have the right to a lawyer in an Ohio college Title IX hearing?
Yes. Under the current 2020 Title IX Rule, you can choose an attorney as your advisor, and that attorney can conduct cross-examination on your behalf.
What’s the difference between a Title IX case and a criminal case?
A Title IX case is a school disciplinary process that can result in suspension or expulsion, not jail time. It uses a lower standard of proof than a criminal trial and doesn’t guarantee all the same procedural rights, but statements made during it can potentially affect a separate criminal case.
How long do I have to respond to a Title IX complaint in Ohio?
Timelines vary by institution, since the 2020 Rule requires “reasonably prompt” timeframes rather than a fixed federal deadline. Your school’s own Title IX policy will specify its timeline, an attorney can help you confirm it quickly.
Can I appeal a Title IX decision at an Ohio public university?
Yes. Both parties generally have the right to appeal. Ohio Revised Code 3345.241 separately guarantees public university students a fair and impartial appeal hearing.
What should I avoid doing if I’m accused?
Avoid discussing the case with anyone on campus. Avoid any contact with your accuser. And avoid making statements to investigators before speaking with an attorney.
Contact Our Ohio Title IX Defense Attorney at Hiltner Trial Lawyers Today
Accused of sexual assault in college? At Hiltner Trial Lawyers, we have years of experience representing clients in Ohio accused of Title IX violations. Our priority is protecting their rights and ensuring investigators hear their voices throughout the process. Contact us today at 330-475-3164 to schedule a free consultation and discuss your case.
This article is for general informational purposes only and does not constitute legal advice. Title IX regulations and Ohio law are subject to change; consult an attorney for guidance on your specific situation.
