Published on: June 12, 2025
An ATIXA Tip of the Week by Mandy Hambleton, M.S.
As the academic year draws to a close, Title IX practitioners may feel increased pressure to resolve outstanding Title IX complaints before graduation, summer breaks, and other transitions. The Office for Civil Rights (OCR) expects a “prompt” resolution, which gives a generic indication of what K-12 and higher education institutions should do for continuing students and employees. However, when one or more parties are scheduled to graduate, practitioners are often left with unanswered questions. Do we continue the process? Can we impose meaningful sanctions after graduation? Is dismissal appropriate? And what about withholding degrees?
At ATIXA, we frequently receive these questions on our member listserv. Below, we summarize our experts’ guidance to help Title IX professionals navigate this scenario.
Graduation Does Not Automatically End the Process
Institutions should generally continue the resolution process, even if one or more parties are approaching graduation. Graduation alone does not require dismissal of a Title IX complaint. The process may proceed at the institution’s discretion, as long as it retains disciplinary authority over the respondent, typically until the individual is no longer enrolled or employed, or even thereafter, though sanctions may be more limited once a respondent is no longer enrolled.
Some institutions choose to delay degree certification or degree conferral until the resolution is complete, although they may permit a student to walk in the graduation ceremony. However, ATIXA advises caution unless this practice is explicitly outlined in institutional policy and supported by legal counsel. Withholding a degree, or otherwise taking disciplinary action, such as placing a hold on student records prior to a finding of responsibility, could be perceived as contrary to Title IX regulations. If a school intends to implement such a policy, it should be made clear that any student who is, for any reason, facing a disciplinary process that could result in suspension or expulsion is not considered academically eligible to graduate until that process is resolved.
When Can Discretionary Dismissal Apply?
If a respondent graduates or otherwise separates from the institution before resolution is complete, and the institution no longer retains disciplinary authority, it may opt to discretionarily dismiss the complaint. A complainant’s status only matters at the time the complaint is filed, not at the time of resolution.
Should the institution choose to dismiss, it must avoid rerouting the complaint into a different resolution process unless the allegations covered by Title IX are dismissed and any remaining allegations clearly fall under another policy. Without this, rerouting would run afoul of the Title IX regulations. Dismissal is appealable under the Title IX regulations.
Consider Alternative Sanctions for Graduated Respondents
One of the more difficult challenges arises when a respondent is found responsible, but traditional student conduct sanctions, such as suspension or expulsion, are no longer applicable. In such cases, consider imposing sanctions that remain enforceable post-graduation. Examples include:
- Issuing a campus trespass order or barring the individual from alumni and other events or campus facilities
- Noting disciplinary findings on the student’s transcript
- Pursuing degree revocation (if your policies permit and support this)
Title IX decision-makers may need guidance on these limitations. It’s critical to set realistic expectations for both the decision-maker(s) and the complainant. A campus ban and/or restrictions on alumni activities/involvement may be especially worthy of consideration if the complainant will continue to be enrolled in or employed by the institution.
Delaying Degree Conferral Requires Policy Support
We strongly advise against informal or ad hoc decisions to delay a student’s graduation or hold a degree without policy support. Any decision to do so must be spelled out in institutional policy and be defensible under Title IX and existing case law. These options are often considered when a student would have been suspended if it were not for graduation, and the institution withholds the degree for the length of what would have been the suspension period.
Some institutions have adopted approaches that allow for degree revocation after the fact, which may offer a path forward, and are typically implemented if the student would have been expelled had the resolution been completed prior to graduation. These options carry significant legal risks and should be discussed with legal counsel to ensure informed decision-making. Institutions must weigh the risk of violating federal law against the optics and implications of allowing a respondent to graduate without resolution.
Summer Breaks Don’t Justify Delays
Institutional closures, such as summer break, in both K-12 and higher education, do not excuse delays in the resolution process. OCR has not traditionally accepted such closures as valid justifications for postponing remedies. If essential personnel are unavailable because of union contracts or staffing gaps, consider outsourcing or finding trained substitutes. Completing the process promptly is critical to upholding the spirit and letter of Title IX.
Be Transparent; Set Expectations
Perhaps the most crucial takeaway is this: transparency matters. Students involved in the process, whether as complainants or respondents, deserve to understand the potential outcomes, the limits of institutional authority post-graduation, and how sanctions will or will not be enforced. Institutions should proactively manage expectations and communicate procedural timelines and possible sanctions.
As always, we encourage institutions to consult their legal counsel, particularly when policies are unclear on these issues. At ATIXA, we’re here to support your compliance efforts, provide expert guidance, and help ensure fair, consistent practices, even during the most complicated times of the academic calendar.
If you’d like further guidance on policy development, sanctioning options, or legal considerations, ATIXA offers consulting services and custom solutions.