Title IX Violation Advisor for Florida College & University Students – What You Need to Know If Accused

August 20, 2026 Don Pumphrey, Jr. College, College Student Disciplinary Hearing, Criminal Defense, Sex Crimes Social Share

If someone is accused of Title IX violation at a Florida college or university, this can be a VERY difficult and confusing experience. This page will address frequently asked questions about what Title IX is, when it applies, and next steps to take if someone is accused of sexual assault and/or sexual harassment in violation of Title IX of the Education Amendments Act of 1972.

If someone is facing allegations of a Title IX violation at a Florida college or university, contact (850) 681-7777 for a free consultation.

#1 – What is a Title IX proceeding?

A Title IX proceeding is a school or college process for addressing certain allegations of sexual discrimination, harassment, and/or sexual assault under Title IX. Title IX is a major federal law prohibiting entities that receive federal education funds from engaging in sex discrimination.

Depending on the nature of the allegations being made and a college/university’s policies, a Title IX proceeding is likely to include a comprehensive investigation of what occurred, interviews, as well as evidence reviews and adversarial hearings if necessary.

#2 – What Title IX rules currently apply in Florida?

As of 2026, the federal Dept. of Education makes clear that the 2020 Title IX regulations provide the operative federal regulatory framework. Though the Biden administration attempted to make amendments to Title IX in 2024, these were vacated by a federal court, so the 2020 version is in effect.

Florida also has state laws affecting educational institutions. Florida law expressly provides for state enforcement mechanisms concerning Title IX compliance by public K-12 schools and Florida College System institutions – including UF, FSU, FAMU, and others.

#3 – Who are the “complainant” and “respondent”?

In a Title IX proceeding, the complainant is the individual alleging that they were the victim of sexual harassment, discrimination, or assault. The respondent is the individual responding to the allegation of misconduct. A respondent is NOT automatically considered responsible because a complaint has been filed.

#4 – Is there a presumption of innocence in Title IX proceedings?

Yes, there is a presumption of innocence in Title IX proceedings. However, it is NOT required that the respondent be proven guilty beyond a reasonable doubt (which is the case in criminal court).

Under the 2020 version of Title IX, an institution can either choose to apply a “preponderance of the evidence” standard or a “clear and convincing evidence” standard in Title IX proceedings. 

For someone to be found responsible by a “preponderance of the evidence,” this means that the majority of the evidence (e.g. over 50 percent) indicated a Title IX violation occurred.

Clear and convincing evidence is an “intermediate level of proof that entails both a qualitative and quantitative standard. … The evidence must be credible; the memories of the witnesses must be clear and without confusion; and the sum total of the evidence must be of sufficient weight to convince the trier of fact without hesitancy.” In re J.B., 923 So.2d 1201 (Fla. 2d DCA 2006)

As you can see, there isn’t a set “percentage” of certainty a fact-finder must have for respondents to be found responsible by clear and convincing evidence. However, this requires stronger proof of a violation than if a preponderance of the evidence standard is used.

#5 – What evidence can be used in a Title IX proceeding?

Evidence can include text messages, emails, photos, videos, social media posts and chats, records relevant to the allegations, security footage, witness statements, and much more. Parties to a Title IX proceeding should preserve all potentially relevant evidence rather than deleting, editing, or otherwise altering it.

#6 – Will there be a hearing?

Yes, unless the matter is resolved before the hearing (e.g. an agreement is reached that’s mutually satisfactory to the parties involved). Federal regulations generally require a live hearing before a decision-maker who is not the investigator or Title IX Coordinator. 

The exact nature of the proceedings (e.g. how they are structured/who presides over the hearing) is largely determined by colleges and universities themselves. This makes it important to review all available information regarding Title IX hearings that is made available by the institution you or your loved one attends.

#7 – What can happen if I am found responsible in a Title IX proceeding? 

If a respondent in a Title IX proceeding is found responsible, the consequences will depend on the institution and the seriousness of the alleged violation. These may include:

• Educational measures (e.g. taking an online course/class)
• Restrictions on movement/places that can be visited on campus 
• Probation
• Suspension
• Removal from student housing or other activities 
• Expulsion

A finding of responsibility in a Title IX proceeding is NOT a criminal conviction. However, it is absolutely possible that a prosecutor who becomes aware of the evidence and testimony elicited during a Title IX proceeding BRINGS CRIMINAL CHARGES based on an alleged violation of Florida law (e.g. sexual battery).

#8 – Can the decision be appealed?

Typically yes, but there is no guarantee of success. Schools must offer both parties an appeal from a determination regarding responsibility and from certain dismissals on specified grounds – such as certain procedural irregularities, newly discovered evidence, and/or conflicts of interest or bias affecting the outcome. 

Schools may provide additional appeal grounds equally to both parties. As appeal deadlines can be short, a student considering an appeal should review the institution’s current Title IX policy as soon as possible.

#9 – Can I have an advisor during Title IX proceedings?

Yes, absolutely. Parties may select an advisor of their choice, and that advisor can be an attorney. During a Title IX proceeding, an advisor plays a critical role throughout the pre-hearing process and at the live hearing – including conducting cross-examination of the complainant to the extent permitted.

Don Pumphrey Jr. is an experienced and aggressive Tallahassee-based criminal defense attorney who has tirelessly advocated on behalf of Title IX respondents at colleges and universities across the state of Florida – including through service as a Title IX advisor.

If someone is accused of a Title IX violation at Florida State University, Florida A&M University, University of Florida, University of West Florida, University of North Florida, University of Central Florida, the University of Miami, the University of South Florida, Florida International University, or any other Florida college or university it is important to seek out experienced and aggressive representation as soon as possible. 

Don Pumphrey Jr. is a Former Prosecutor, Former State Police Officer, Lifetime Member of the Florida Association of Criminal Defense Lawyers; for over 25 years as a private defense attorney who is Trusted, Experienced, Aggressive in Criminal Defense as a Trial Attorney, Criminal Lawyer, Criminal Defense Lawyer for the accused in Florida State Courts located in Tallahassee, Florida but handling cases throughout the State of Florida.

Don Pumphrey Jr. and the attorneys at Pumphrey Law have decades of experience fighting to win for clients across the state of Florida. Call now at (850) 681-7777 for a free consultation.

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