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To establish a Title IX claim in a civil lawsuit against a university the claimant must prove four elements: (1) the school must be a Title IX funding recipient; (2) an “appropriate person” must have actual knowledge of the harassment the plaintiff alleges occurred; (3) the school must act with deliberate indifference ...

The first phase of any Title IX process is the investigation. The statute requires that every school investigate allegations made in any formal complaint. The school must also send written notice to both the accuser and the “defendant” of the allegations after receipt of this formal complaint.

In a Title IX case, the burden of proof and of gathering evidence does not fall on either the complainant or the accused, but instead, it falls on the school. That is not to say that the school must side with one party, or that the parties cannot gather evidence and make arguments on their own behalf.

Injunctive relief is the remedy usually sought in Title IX actions, such as an order compelling a school or university to cease an offending practice or take specific action to level the playing field. Prevailing Title IX plaintiffs may also recover attorney's fees and expert witness fees.

The Final Rule expands “actual knowledge” to include notice to any elementary or secondary school employee, and states that any person (e.g., the alleged victim or any third party) may report to a Title IX Coordinator in person or by e-mail, phone, or mail.

Emergency removal, a tool put in place by the Title IX regulations that went into effect last year under the Trump administration's Department of Education, allows schools to remove someone accused of sexual assault or harassment if they are “an immediate threat to the physical health or safety of the complainant,” ...

“Beyond a reasonable doubt” is the standard of proof that applies in a criminal trial. It is a very high standard of proof that is significantly greater than the preponderance of the evidence standard and is NOT used in BYU Title IX investigations.

It's on the petitioner, the person who files the petition or who files for a restraining order, to prove that harassment has occurred.