Have You Been Injured? We're Ready to Fight for You.

Current USI Title IX Campus Policies Are “Purely Administrative”

Published on Mar 12, 2019 at 11:12 am in Title IX.

The University of Southern Indiana established a campus court system in light of the Title IX federal civil rights law, but the goal isn’t to punish criminal law violations. Instead, it’s an administrative process that deals with alleged violations of USI’s Civil Rights and Sexual Misconduct Policy. The harshest punishments are expulsion or termination, according to the Courier & Press.

When complaints are filed, they are kept confidential. The terms describing the procedures include evaluative panel, administrative resolution, and sanctions. If it is determined that student or employee has violated the university’s policy, the imposed sanctions will be added to their student or personnel file.

According to Lindsay Cordes, one of our attorneys who represents a former University of Evansville student in her federal lawsuit accusing a professor of sexual and racial harassment, the hearings for policy violations are broad. There’s no judge to determine what is admissible or credible.

If an initial investigation determines there is reason to continue the administrative process, mediation can attempt to resolve the matter if the involved parties agree. If, however, no resolution is possible, USI’s equivalent of a jury will be gathered. The involved parties are allowed to choose their advisor. Evidence can be presented, and witnesses can be heard. The process will ultimately report if the accused is responsible or not responsible for the alleged actions. To be found responsible, the policy states it must be “more likely than not” that the violation happened.

Opinions regarding the process vary because, according to Cordes, a judge is not present to enforce the rules of evidence or civil procedure. Determining who has the final say-so can be challenging. It can also be difficult to ensure the policies and procedures are enforced and followed.

In regard to the role of law enforcement, it’s possible that police officers will know nothing of alleged criminal acts because the Family Educational Rights and Privacy Act allows universities to not forward complaints to law enforcement.

Currently at USI, no alleged victim of sexual assault has filed a criminal complaint, but a student is under investigation for a series of reported sexual assaults in student housing. If further action is taken after the investigation, a criminal proceeding can be held in addition to USI’s administrative process – even if no alleged victims come forward.

While abiding by their own confidentiality clauses, USI has yet to say whether the student who is under investigation is male or female, how many alleged victims there are, or whether the alleged victims are students. While the student being investigated is currently allowed to continue their studies, they have been banned from campus.

At Thomas Law Offices, we understand how difficult it can be to understand the complexities of Title IX.  We represent victims of sexual assault and are prepared to take on any case, regardless of who the alleged attacker is. Contact us for more information.

Free Case Evaluation

At Thomas Law Offices, our personal injury attorneys recognize that our potential clients are likely going through some of the most difficult times of their lives. We don't want you to have to worry about paying out of pocket for legal advice when you're just starting to learn your legal rights and options. That's why we provide free case evaluations. We'll offer our expert advice about your potential case and walk you through how we can help you.

Call us or fill out the form below to tell us about your potential case and a personal injury lawyer will get back to you as quickly as possible.

Meet Our Founder

Tad Thomas - Trial Lawyer

Tad Thomas

Managing Partner

Tad Thomas has dedicated his practice to representing plaintiffs in various types of civil litigation, including personal injury, business litigation, class actions, and multi-district litigation.

After graduating with his law degree in 2000 from Salmon P. Chase College of Law at Northern Kentucky University, Mr. Thomas immediately opened his own private practice and began representing injury victims.

In 2011, Thomas Law Offices was established in Louisville, Kentucky. Over the past decade, Mr. Thomas has expanded his firm and now has offices in three additional locations: Cincinnati, Ohio, Columbia, Missouri, and Chicago, Illinois. He is also a frequent lecturer on topics like trial skills and ethics and technology.

Legal & Firm News

When Prior Authorization Leads to Harm Caused by Delayed Care

In March 2023, the American Medical Association (AMA) released the results of a survey conducted on the impact of health insurance prior authorization (PA) on patient care and outcomes. The survey results revealed shocking information about the extent to which health insurance companies control the type of medical care patients receive. At Thomas Law Offices, […]

Read More

How Do I Sue a Hospital for Medical Negligence?

Medical errors and other types of health care professional negligence have soared in recent years. Data recently published by the National Institutes for Health (NIH) shows that at least 251,000 patient deaths are estimated to be attributable to physician mistakes or other types of medical errors annually. Countless others fall ill or suffer injuries while […]

Read More

Ohio Car and Booster Seat Laws

According to the National Highway Traffic Safety Administration (NHTSA), traffic crashes are the leading cause of death and disability for children (aged 0-14) in the United States. But most of these deaths can be prevented. When we put our children in the car, we owe it to them to give them the safest experience possible. […]

Read More
Tad Thomas on The National Crime Victim Bar Association
National Civil Justice Institute - Trustee
Tad Thomas on Lawyer Minds
Tad Thomas on American Association for Justice
Southern Trial Lawyers Association
Illinois Trial Lawyers Association
Ohio Association for Justice
Kentucky Justice Association
Fellows of the Litigation Counsel of America
Martindale Hubbell Preeminent
2021 Public Justice Member
AAJ Masters of Trial Law: Champion