MSU's Title IX (aka "RVSM Policy") Hearing Procedures

Since I spoke at Friday's MSU Board of Trustees meeting on behalf of a client whose Title IX investigation had gone on for 544 days, I have been receiving a number of questions about MSU's timelines.  MSU's own Policy on Relationship Violence and Sexual Misconduct provides that investigations without a hearing should be completed within 90 days and that investigations with a hearing should be completed within 120 days in Appendix G.

MSU also has a document called RVSM Policy Hearing Procedures.  Although I have requested that they also post this document online, as it provides clarity for parties in terms of how they handle Title IX hearings, they have not done so.  They only provide it to parties via email if their case goes to a hearing.  Therefore, I have chosen to host it online so it is publicly accessible.  The document is extremely helpful as it also provides hearing timelines:

p. 4: "The hearing will be scheduled within 20 days of the pre-hearing conference."

p. 13: "The Resolution Officer will issue the decision within 20 calendar days of the conclusion of the hearing."

I understand that MSU has stated to at least one reporter that they do not have set timelines for their Title IX investigations.  As these policies outline, that is not accurate.  Unless there is "good cause" for delay (which is broadly defined), a case involving a hearing should take no more than 120 days total, with that total including 20 days from the date of the prehearing conference to the date of the hearing, and another 20 days from the hearing to a decision from the hearing officer.

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