Student Discrimination & Title IX Grievance Procedure Updates 2026

Executive Summary

The 2026 revision substantially modernizes the Student Discrimination and Title IX Complaint Procedure by creating separate Adaptable Resolution and Investigative Resolution pathways, implementing a formal Hearing Panel process for Title IX and high-sanction cases, expanding due process protections for all parties, adding structured investigation and evidence-review stages, revising appeal procedures, and replacing the prior primary/secondary sanction framework with a three-level sanction structure. Overall, the revisions provide greater procedural clarity, transparency, consistency, and alignment with current Title IX and discrimination complaint requirements.

The 2026 revision is not a simple update. It is a major restructuring of the procedure that:

1. Creates two distinct resolution pathways: Adaptable Resolution and Investigative Resolution.
2. Replaces the largely single-adjudicator determination model with a tiered adjudication system using both Administrative Resolution and a three-member Hearing Panel. 
3. Expands due process protections, notice requirements, evidence review opportunities, hearing procedures, and appeal rights. 
4. Reorganizes sanctions into Level One, Level Two, and Level Three sanctions instead of the prior primary/secondary sanction model. 
5. Modernizes the procedure to align with current Title IX and discrimination complaint practices and clarifies jurisdiction, timelines, records retention, and accessibility requirements.

Major Structural Changes

Complete Reorganization of the Procedure

The 2026 version reorganizes the procedure into a more process-driven structure:

• Scope
• Purpose
• Definitions
• Procedural Requirements
• Processing Reports and Formal Complaints
• Notification and Pre-Investigation
• Investigation
• Determination
• Appeal
• Authority/Amendment
• Sanctions Appendix

Expanded Scope Language

The 2026 procedure expressly applies to allegations against professional, graduate, undergraduate, full-time, and part-time students and adds explicit exclusions for:

• disability accommodation decisions (separate procedure for denial of a specifically requested accommodation),
• applicants for admission, and
• external agency investigations.

Formal Creation of Two Resolution Options

The 2026 procedure establishes two clearly defined paths:

• Adaptable Resolution
• Investigative Resolution

Adaptable Resolution

The 2026 procedure formally defines Adaptable Resolution as a voluntary, remedies-based process balancing support and accountability without disciplinary findings.

Review Team Renamed and Clarified

The Complaint Review Team (CRT) role is more specifically defined regarding:

• risk assessment,
• mandatory reporting,
• supportive measures,
• authorization of investigations,
• dismissal decisions.

Early Screening Process

The 2026 procedure creates a more formal screening process where respondents may submit exculpatory information before the CRT authorizes an investigation.

Notice of Investigation (NOI)

The 2026 procedure creates a formal Notice of Investigation (NOI) stage with defined timelines and required content.

Investigation Plan Requirement

A new requirement mandates investigators create and document an investigation plan reviewed by the Coordinator before evidence collection begins.

Preliminary Investigation Report

A significant new procedural step requires investigators to issue a Preliminary Investigation Report before the final report and provide parties an opportunity to:

• review evidence,
• challenge included/excluded evidence,
• request additional investigation,
• submit additional questions.

Additional Evidence Controls

The 2026 procedure explicitly states that evidence available during the investigation but not submitted generally cannot later qualify as "new evidence" on appeal. 

Final Investigation Report

• Investigators can make finding of fact

New Hearing Panel System

The largest procedural change is the introduction of a formal three-member Hearing Panel process.

 

• Administrative Resolution for matters that do not include Title IX policy provisions and would not result in Level 1 sanction (expulsion or suspension).
• Hearing Panel Resolution for:
  • all Title IX Policy cases, and
  • cases where Level One sanctions are possible.

Formal Hearing Procedures Added

The 2026 procedure creates detailed hearing rules covering:

• hearing manager role,
• panel selection,
• witness approval,
• question submission deadlines,
• hearing logistics,
• hearing recordings,
• closing statements,
• advisor questioning rights,
• relevancy determinations. 

Expanded Party Rights

The 2026 version contains an extensive new "Rights of the Parties" section, including:

• equitable treatment language,
• conflict-of-interest protections,
• explicit evidence review standards,
• stronger protections regarding privileged and medical information,
• expanded appeal rights. 

Evidence Standards Clarified

The 2026 version provides a more detailed framework regarding:

• relevance,
• impermissible evidence,
• privileged information,
• medical records,
• prior sexual history evidence. 

New Overall Resolution Timeline

2026:

• Target resolution from investigation notice through appeal: approximately 120 business days.
• Includes detailed expectations for each phase of the process.

New Three-Level Sanction Structure

• Level One Sanctions
• Level Two Sanctions
• Level Three Sanctions 

The 2026 procedure:

• adds Disciplinary Separation for students who graduate or transfer during proceedings,
• more clearly distinguishes major versus lesser sanctions,
• consolidates sanction administration and reinstatement requirements.

Expanded Appealability

The 2026 version expressly permits appeals of:

• dismissal decisions,
• responsibility findings,
• no responsibility findings,

   

Updated Procedures

Appeal procedures are revised to account for both Determination Official and Hearing Panel outcomes and specify potential appellate remedies in greater detail.

Other Notable Additions

• detailed disability accommodation provisions,
• investigation-plan requirements,
• witness participation rules,
• advisor confidentiality requirements,
• explicit recording rules,
• hearing manager role,
• hearing panel bias review process,
• more detailed records-retention requirements,
• related policies and references section,
• separate expungement appendix.