Respondent Support Services

Our office provides support, guidance, and resources to help you navigate the process with clarity and confidence. We can:

• Help you understand what to expect in a transparent, open manner and connect you with academic accommodations and campus resources that support your success
• Refer you to community-based resources with no Penn State affiliation and work with you to develop self-supporting strategies while pursuing your goals
• Explain your responsibilities, rights, and options at every stage of the process and support you as you decide on the response that best reflects your interests

A Respondent Advisor can also help you process the emotional and practical challenges that come with being named in a report. Every person’s experience is different, and we’re here to provide guidance, perspective, and support along the way.

Learning that you have been named in a Title IX case or being accused of sexual misconduct can be a potentially unnerving and challenging experience. Your responses to these accusations are normal reactions to a difficult situation. Dealing with these emotions isn’t easy, and there are resources, both on and off campus, available to help you. Though emotional responses differ from one person to the next, you may experience some of the emotions listed below: 

Surprise or disbelief 

First and foremost, you may be surprised that the incident was reported at all. Your perspective on the event(s) in question may be very different from what was expressed by other parties, and you may not have felt that you did anything wrong. It is natural to feel surprised in such a situation, and the process is designed to allow all parties to share their perspectives. 

Anger

Anger is a common emotion whenever someone has been accused of sexual misconduct. This is an appropriate response; however, the important factor to consider when dealing with anger is how you process through the anger. There are several ways you can vent any anger you are experiencing, including speaking with a friend, family member, adviser or counsellor. Though it may seem like the natural thing to do, challenge yourself to deal with your anger in healthy, productive ways. Instead of engaging in self-destructive behavior, find positive outlets for that energy, such as going to the gym or meeting friends for an event. 

Fear 

You may be experiencing fear of the unknown, as the outcome of the investigation could impact your status at the University. You may also fear how the allegation will impact how others perceive you or act around you. You may even fear that you will be retaliated against if the allegation becomes broadly known. If you feel as though you are being retaliated against, please let your contact at the Office of Sexual Misconduct Prevent and Response know. Retaliation, in any form and against or between any party, is not tolerated as a result of or during the fulfillment of a Title IX process. 

Impact on Your Daily Life

With everything going on, you may feel like your daily life has been impacted. While participating in an investigation, it may become challenging to pay attention in class, complete campus responsibilities, or even follow through with your coursework. Due to the uncertainty of the case and the meetings you may have, you may find yourself feeling more anxious, tired, stressed, or depressed than usual. Accommodations may be available to help ease the effects of the investigation on your life at Penn State. If you have questions regarding accommodations, please contact the Office of Sexual Misconduct, Prevention and Response. 

Isolation

Taking on the burden of the allegation may cause you to withdraw from your support and social networks because you may feel like it is “your problem.” It is common for individuals who are accused to prefer not to discuss the situation with anyone for fear of embarrassment or how it may be perceived by others. However, talking with a counselor or adviser may help you process your experiences and feelings, helping you to feel more at ease. During an investigation, it is important to stay connected with the things and people that bring you contentment and joy. While it may be hard at first, challenge yourself to continue your normal, positive activities. 

Future Implications

Many respondents worry how the outcome of a Title IX investigation (whether in their favor or against) will impact their pursuit of work or color their reputation moving forward. Oftentimes, respondents feel that they have been indicated in a report not out of malice but because of a mistake. Talk with your case manager or respondent support coordinator for a better picture of how (and when) the University discloses a student’s association with a Title IX investigation. 

Academic Accommodations 

Going through the Title IX process can be stressful. If you find that the meetings and responsibilities associated with the case are causing you to fall behind in your class work and attendance, speak with your Title IX caseworker or investigator. You have the right to reasonable academic accommodations while you navigate the Title IX process.  

Housing Modifications 

If the investigation features someone you live with or close to, you may desire to change your living arrangements. One of the potential accommodations to you, if you live on campus, is a housing accommodation, including permanent or temporary room re-assignments, or the provision of a temporary safe space on campus. 

Most often, it is the Complainant who elects to undergo the formal investigative process; occasionally, the Title IX Case Review Panel assesses a case and decides that an investigation is the appropriate University response. In either case, the Respondent will be made aware of an investigation through a written Notice of Investigation. A member of the Office of Sexual Misconduct, Prevention and Response will then reach out to the Respondent in order to set up a meeting and explain that process. 

Two phases comprise the formal process–investigation and conduct. Throughout the entire process, the Complainant's and Respondent's Title IX Rights apply. The investigator for your case will be able to answer any questions you have about the process, so please be in contact with them as the process develops. 

Interviews, Documentation Gathering, and Questions

Following your meeting with the investigator, that person will begin to conduct interviews and gather information surrounding the allegation. Evidence may be requested and collected, and interviews will be conducted with you as well as the Complainant(s) in the case. Witnesses provided by any party may also be interviewed to uncover more information around the allegation as well as the context in which the alleged misconduct occurred. Throughout the investigation phase, Title IX Resource People may be contacted to assist with accommodations or to facilitate reviews. 

Draft Investigation Report and Review

After the interviews, evidence collection, and follow-up meetings, the investigator drafts his or her report. All complainant and respondent parties will be allowed to review the draft for accuracy and add any information that they feel is pertinent to the investigation. If needed, the investigator may return to the evidence collection phase, speaking with new witnesses, or incorporating new material to the draft. Once included, the parties will again be able to review the draft. This may be completed up to three times before the report is finalized. 

Final Investigation Report

Once finalized, the full Investigation Report is sent to the Office of Student Accountability and Conflict Response for review. 

Conduct Case Manager Review

Once reviews are complete and the report reflects all updates, the Investigator sends the finalized investigation report to the Office of Student Accountability and Conflict Response for a decision on whether to charge and sanction the Respondent. The assigned Conduct Case Manager reads the finalized investigation report and uses a Reasonable Belief standard (given the facts, is it likely that there was a policy violation?) to determine whether to issue a charge and, if a charge is issued, an appropriate sanction.  

If the Conduct case Manager determines that there is a reasonable basis to believe that a violation occurred, the Conduct Phase moves on; if there is no reasonable belief, there will be no charge. 

Charge and Recommended Sanction

At this stage, if charged, you, as the Respondent have two options.

1. You can choose to accept responsibility for a conduct violation, or
2. You can challenge the case manager’s finding.

If you accept responsibility, the process will end without a hearing. A person’s willingness to accept responsibility may also be considered when determining sanctions. Then, if either party wishes, they may request a sanction review, and the proposed sanction will be compared with sanctions in similar cases.  

Alternatively, the Respondent may contest. In this case, a Hearing will convene to decide the case on the Preponderance of Evidence standard (often called the “50% and a feather” standard).

Hearing

The Hearing Panel is made up of between three and five University volunteers from amongst staff and faculty who have been specially trained to hold Title IX Conduct hearings. At the hearing, the Panel will ask questions to get clarification around the findings of the report. The Panel weighs whether or not the evidence provided both in their questioning and within the report meets both the University’s definition of a Conduct violation (as defined in the Code of Conduct) and rises to the level of a Preponderance of Evidence. After deliberating, the Panel will issue its finding, sanction (if any), and rationale in writing. Either the Complainant or the Respondent may appeal the Hearing decision. 

Once the Hearing is over and the appeals (if any) are heard, the case is considered closed. If a sanction is warranted, the Respondent will be made aware of what is required and assisted or advised as to how to meet the requirements of the Panel by Conduct personnel. If a sanction is not given, the case ends. 

Academic Accommodations 

Going through the Title IX process can be stressful. If you find that the meetings and responsibilities associated with the case are causing you to fall behind in your class work and attendance, speak with your Title IX caseworker or investigator. You have the right to reasonable academic accommodations while you navigate the Title IX process.  

Housing Modifications 

If the investigation features someone you live with or close to, you may desire to change your living arrangements. One of the potential accommodations to you, if you live on campus, is a housing accommodation, including permanent or temporary room re-assignments, or the provision of a temporary safe space on campus. 

• Meet with the student to discuss how they may respond to allegations of misconduct and determine their level of participation in the process.
• Provide counsel and help the student understand their options, while recognising the adviser is not the decision-maker.
• Attend meetings between the student and the University; advisers may take notes and help the student process information, but should not directly engage in the discussion.
• Support the student’s well-being during meetings: monitor the student’s emotional state, and request breaks when needed.
• In Title IX cases, advisers must participate in cross-examination of parties and witnesses as required by the U.S. Department of Education.

• Attend meetings with the student, allowing the student to interact with the process.
• Take notes during meetings to help the student recall discussions.
• Avoid asking questions or participating actively in the discussion.
• Assist the student in selecting how to respond to the allegations and serve as a sounding board as the student prepares for hearings.
• For Title IX cases, participate in cross-examination of parties and witnesses.