It’s a Trap! Why Skipping the Formal Grievance Process Is Still One of the Biggest Title IX Pitfalls

Title IX Coordinators often tread murky waters when a complaint arises. The instinct to move quickly, apply existing discipline policies, and avoid the “complex” Title IX process can be strong. But taking that shortcut is a trap. At ICS, we are still seeing too many cases where Title IX teams at all levels bypass the formal grievance route, only to face claims of deliberate indifference or procedural unfairness.

In 2025, despite all of the uncertainty and shifting legal battles, the core requirement of Title IX remains: when an allegation meets the Title IX definition of sexual harassment and occurs within your program or activity, you must follow the formal grievance process before imposing non-supportive disciplinary actions. The law has not changed, and lapses in process still carry serious risk.

One of the most common missteps we continue to see is institutions defaulting to standard disciplinary procedures when a Title IX report is made. This often happens when a complainant or family member indicates they do not want to proceed, and both K-12 districts and higher ed institutions fall into this trap. While sensitivity to the wishes of the parties involved is important, those wishes do not dictate whether the Title IX process applies. If the alleged conduct meets the definition of sexual harassment under Title IX and falls within the institution’s program or activity, the formal grievance process must be initiated before any non-supportive disciplinary action is taken. That obligation exists even when a complainant declines to file a formal complaint, and even when parents ask the school to “handle it quietly.”

Additionally, supportive measures can and should be implemented at all stages, but discipline outside of the prescribed process risks violating core due process expectations, no matter if the discipline comes through a student code of conduct, employee policy, or informal agreement. The structure of §106.45 is designed to protect all parties by ensuring notice, opportunity to respond, and transparent decision-making. Bypassing that process, even with good intentions or in an effort to move quickly, can expose the institution to claims of unfair treatment, inconsistency, or deliberate indifference.

When a report comes in, it is best to approach it as a potential Title IX matter until you have fully evaluated the circumstances. If the situation meets Title IX thresholds, the formal grievance process needs to move forward. That includes giving all parties proper notice and an opportunity to respond before any non-supportive discipline is considered. Along the way, careful documentation of each step, decision point, and communication helps create a clear record. And because Title IX requirements can be complex, it is wise to keep your team’s training up to date so they remain confident in applying procedures.

Skipping the formal grievance process is a misstep that can unravel your compliance, fairness, and trust. Let ICS help you reinforce your process framework, audit your policies, and ensure your institution never takes shortcuts where Title IX demands rigor. Contact us today if we can support you.