Last Updated on October 29, 2026 by Adrienne Mathis
Title IX matters do not always fit neatly within an institution’s existing policies and procedures. This guide looks at four situations that can require additional judgment: conflicts involving institutional leadership or Title IX staff, conduct spanning multiple policy versions, changes in a party’s relationship with the institution, and issues with an institution’s policy or procedures. There are steps institutions can take now to strengthen Title IX readiness.
Whether you’re new to Title IX or more experienced, at some point you may encounter a Title IX matter that your institution’s policies or procedures did not anticipate. Institutions cannot plan for every scenario. When a matter requires additional judgment, having a strong foundation in place can help you identify relevant considerations, involve the right people, and determine appropriate next steps.
1. Title IX Conflicts of Interest: Leadership or Title IX Staff
If a Title IX complaint involves someone in senior administration, a member of the Board of Trustees, or someone within the Title IX office itself, the institution may need to adjust who oversees or carries out the Title IX process. Those who would ordinarily have a role in the Title IX process may need to step aside from the matter.
The first practical question is “Who can fill those roles?” You may need to determine who has authority to reassign those responsibilities, whether there is someone else within the institution who can step in, and whether some or all of the process should be handled externally.
Outside support can become especially important when a person who holds authority over those who would typically manage the Title IX process is a party in the matter. The risk of retaliation or conflicts of interest – actual or perceived – may make it difficult to staff the matter appropriately within the institution.
2. Title IX Policies: When Conduct Spans Multiple Policy Versions
A Title IX matter may involve conduct that occurred over an extended period of time, during which your institution’s policy or procedures were updated. For example, a complaint could describe an ongoing pattern of sexual harassment between two members of the campus community that began under one version of the policy and continued after a new version took effect.
In that situation, identifying the applicable policy may not be as simple as choosing one version for the entire matter. Definitions, potential policy violations, or procedures may have changed during the period in question. Your current policy may explain how to address conduct that spans different policy periods, but not every policy does so.
You may need to consider whether earlier conduct should be evaluated under the policy in effect at that time while later conduct falls under a newer version, as well as which procedures should govern the matter as a whole. Those questions can become especially important when the different policy versions define conduct differently or provide different procedural requirements. Reviewing the relevant policies gives you the starting point, but applying them to the matter may still require judgment and outside consultation.
3. Title IX Party Status: Changes During an Active Matter
A change in a complainant’s or respondent’s relationship with the institution can introduce new considerations when the Title IX process is already underway. An employee respondent may retire or leave their position while a matter is pending, for example, raising questions about whether the matter should continue or be dismissed, which can depend upon state law or institutional preference.
Perhaps a complainant graduated since the incident occurred and therefore is not actively attending classes when they file a formal complaint. The institution may need to consider whether the complainant wishes to attempt to participate in post-graduation educational programs or activities, such as alumni events, when considering the institution’s Title IX obligations.
Determining a course of action requires looking at the full timeline: the parties’ relationship with the institution when the alleged conduct occurred, what has changed since then, and their current or anticipated connection to institutional programs or activities. Depending on the circumstances, you may also need to consider state law, other institutional policies, and how similar pending conduct matters are addressed under other school policies. If your Title IX policy does not provide a clear protocol for the specific situation, consultation may be needed to determine how those considerations fit together.
4. Title IX Policy and Procedures: Addressing an Issue During an Active Matter
You may encounter an issue with your institution’s Title IX policy or process while a matter is already underway. For example, a policy may contain an outdated definition, or you may discover that a required procedural step was missed when the policy was drafted.
Determining how to proceed may mean reviewing the applicable Title IX requirements and the relevant provisions of your institution’s policy, then considering whether the issue affects steps already completed in the Title IX process. The appropriate course of action may also depend on when the issue is discovered and what has already occurred.
These questions may need to be worked through with your institution’s General Counsel or, when helpful, other Title IX professionals or experts, particularly when the policy itself does not provide a clear answer.
“Title IX work will inevitably involve situations that require judgment. Institutions are better prepared when their policies are current and compliant, decision-making roles are clear, and trusted expertise is available when needed.”
— Adrienne Mathis
Building a Title IX Foundation: Proactive Steps Institutions Can Take Now
Review Title IX Policies and Maintain Access to Prior Versions
Review your Title IX policy and procedures regularly to confirm that they reflect current federal Title IX requirements and applicable state law. Ensure that definitions, procedures, and related provisions are current and compliant.
Keep prior versions accessible, along with the dates each version was in effect. If a matter spans different policy periods, you should be able to quickly identify and review the policy language that may apply.
Clarify Escalation and Decision-Making Roles
Identify where to escalate Title IX issues that fall beyond the scope of your decision-making responsibility. Depending on your institution’s structure, that may include a Vice President for Student Affairs, Dean of Students, Human Resources leader, Provost, or another senior administrator. Clarify who should be notified, who has authority to make the relevant institutional decision, and when General Counsel should be involved.
If someone in the Title IX office or institutional leadership is involved in the matter or has a conflict of interest, know whom to contact inside or outside the institution for guidance and support. Clarify who has authority to make decisions about staffing the process, reassign Title IX responsibilities, and authorize outside support.
Prepare to Work Effectively With General Counsel
General Counsel, whether internal or external to your institution, may have varying levels of experience with Title IX and with your institution’s Title IX policy and procedures. To make those conversations productive, be prepared to frame the question clearly and provide the Title IX context counsel needs to advise effectively.
Identify the relevant Title IX requirements and institutional policy considerations, and bring forward possible approaches for discussion. This gives counsel the information needed to cross-reference other institutional policies, consider applicable legal requirements and risk-management concerns, and make an informed recommendation or decision about next steps.
Establish Trusted Sources of Title IX Expertise
Build relationships with people and resources you can turn to when a matter requires specialized Title IX expertise. These may include experienced colleagues, professional networks or consortia, and outside Title IX consultants.
Talk with potential outside providers before an urgent need arises. Understand the types of support they can provide, from filling specific Title IX roles to case- or role-specific consulting and mentorship, as well as how quickly they may be able to step in. Determine who can approve an outside engagement and what procurement steps are required. Consider putting an agreement or approved vendor relationship in place in advance so you have trusted support ready when you need it.
Please Note: The information provided in this article is for educational purposes only and is not intended to be legal advice. We recommend seeking independent legal advice concerning the issues presented in evaluating a particular incident.
For Media
Adrienne Mathis, Executive Director of Title IX Solutions, is available to speak with journalists about Title IX policy and compliance, institutional implementation, and the practical considerations institutions face when navigating complex Title IX matters.
For media inquiries, contact info@titleixsolutions.com
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