FOR STUDENTS AND FAMILIES NAVIGATING A TITLE IX MATTER
Universities do not evaluate consent the way most students think they do.
Consent in a Title IX case is a question of policy. The policy is written, the standards are specific, and the evaluation looks at things students often do not think to document or describe. Most students arrive in the process with assumptions that do not match the policy.
How Universities Evaluate Consent in Title IX Cases is a plain-language guide for students and families navigating a Title IX matter where consent is at issue. It explains what consent means in the context of a university policy, the kinds of evidence universities typically consider, the most common misconceptions, and how to think clearly about the account.
Two ways to get the guide
The Guide
$39
Full designed PDF guide
Plain-language explanation of how universities evaluate consent
Approximately 25 to 35 pages
Instant download
The Bundle
$89
Everything in the standalone guide
Plus the recorded webinar
Plus the designed workbook for thinking through the account
Instant download
Recommended for students or families navigating a matter where consent is in question.
Who this guide is for
This guide is for students and families involved in a Title IX matter where consent is in question, and for students and families who want to understand consent before being in that position. It is written for both complainants and respondents, and for the parents supporting them
What this guide covers
-
What "consent" means in a university policy
Consent is defined in writing by each institution. The guide explains what those definitions typically include, where they vary, and which terms students most often misread.
-
What universities typically look at
Evaluations of consent draw on the accounts of the parties, communications between them, the testimony of witnesses, and the surrounding context. The guide explains what is typically reviewed and how each kind of evidence is weighed.
-
Common misconceptions
The guide names the misconceptions students hold most often. Among them: the belief that silence equals consent, the belief that prior consent carries forward, the belief that intoxication is a side issue, and the belief that the standard for consent is the same as the standard for a criminal case.
-
Capacity, intoxication, and incapacitation
Most institutional definitions of consent include a capacity element. The guide explains the difference between intoxication and incapacitation in policy terms, the kinds of indicators institutions consider, and why the way capacity is described in an account often becomes central to the evaluation.
-
Communications, context, and the record
Text messages, social media, and other communications often become part of the record in consent cases. The guide explains how those communications are typically read and what kinds of context matter.
What this guide is not
This guide is not legal advice. It does not address the facts of any specific student's situation, and reading it does not create an attorney-client relationship with Potter Law or Nancy Potter.
It is also not a guide to a specific institution's policy. Each university has its own written definition of consent and its own procedure, and those documents govern. The guide is intended to help students and families read those documents with comprehension.
About Nancy Potter
Nancy Potter is an education attorney whose practice focuses on student conduct, Title IX, disability accommodations, academic integrity, and related student rights issues in higher education.
Before private practice, she served as a Supervisory Attorney and Team Leader at the U.S. Department of Education's Office for Civil Rights, where approximately half of her work involved disability discrimination and civil rights issues in educational settings.
She works with students and families navigating university disciplinary processes, Title IX matters, academic integrity cases, and accommodation issues. She is also available to schools and universities as an independent hearing officer and appointed advisor.
Nancy Potter is licensed to practice law in Pennsylvania.
Common Questions
-
Both. The way universities evaluate consent does not change depending on a student's role in the case. The guide explains the policy and the evaluation, and addresses how each role typically encounters that evaluation in practice.
-
No. The guide explains how university Title IX policies typically address consent. Specific institutional policies vary in language and emphasis, and the guide is designed to help students and families read their own institution's policy with comprehension.
-
No. Title IX matters are institutional, not criminal, and the standards are different. The guide is limited to the way universities evaluate consent under their own written policies.
-
They are designed to work together. This guide explains what the institution is evaluating when consent is at issue. The Title IX Investigation Interview Prep guide explains how the investigation itself works and how to prepare for the interview. Many families navigating an active matter find both useful.
-
No. The webinar is pre-recorded. Buyers of the bundle receive access immediately and can watch at any time.
-
Because the guide and bundle are delivered immediately as a digital download, refunds are not generally available. Questions about a specific download issue can be sent through the contact page on nancypotterlaw.com.
You may also find useful
If your student has an investigation interview coming up, the Title IX Investigation Interview Prep guide is available at nancypotterlaw.com.
If your student is heading to college and you would like a broader orientation to college rules and the offices behind them, Before Your Student Starts College is available at nancypotterlaw.com.
This page describes an educational resource that provides general information about how college conduct Title IX typically work. The guide is not legal advice, does not address the facts of any specific situation, and does not create an attorney-client relationship between any reader and Potter Law or Nancy Potter.
If you have a specific legal matter, please consult a licensed attorney in your jurisdiction. Published by Potter Law. Nancy Potter, Attorney at Law. Licensed in Pennsylvania.
nancypotterlaw.com