5 Mistakes Students Make During Title IX Investigations And How To Avoid Them

In this article, you can discover…

• Why a student shouldn’t speak to a Title IX investigator without a defense attorney.
• If social media posts can hurt your defense during a Title IX investigation.
• Why you should avoid having your friends or family members contact your accuser.

Is It A Mistake For Michigan Students To Speak To Title IX Investigators Without A Defense Attorney? If So, Why?

Yes, it is a huge mistake for students to speak to Title IX investigators without a defense attorney.

One nuance to Title IX cases that is almost universally applied is that when you receive a notice of investigation from a college or university’s Title IX office, you are told that you have the right to an advisor. They will be clear in telling you that the advisor can be a lawyer, but it doesn’t have to be.

The distinction is important because technically hiring an attorney in this situation means that person is not truly as a lawyer, but rather as an advisor. The distinction is not substantive, as the role of an advisor is very similar to what an attorney typically does – therefore an attorney is in a good position to serve in that capacity because they’ll have a full understanding of established state and federal laws, as well as the college or university’s unique Title IX policies.

It would be an enormous mistake to speak with the Title IX investigator without the advice and support of an advisor because the interview is not something you can just go in and do without proper preparation. The investigators are highly skilled at interviewing the accused – knowing exactly what to ask and how to get the answers they need.

Unless you’ve made it a habit of being accused of Title IX violations, you don’t have the experience needed to handle the type of questioning that will occur in a Title IX violation interview. But an experienced attorney will know exactly what to expect, how to effectively prepare you, and how to give you the proper support needed to navigate the interview successfully.

Can Social Media Posts Hurt Your Defense During A Title IX Investigation At A Michigan University?

The reality is that in 2025 and beyond, social media is incredibly prevalent in just about every kind of legal representation, whether it’s a criminal case, divorce case, or in a Title IX accusation. It is very rare to have a Title IX case today that doesn’t include some social media-related evidence.

In most Title IX cases, there will be one student accusing another. When you’re talking about students, especially in the 18 to 22 age bracket, it’s hard to imagine a scenario where neither person has posted something online. Even if it’s just a post about going to a concert or attending a football game, there’s usually some sort of digital trail that can be cataloged.

When a respondent receives a notice of allegations, that notice will typically include language stating that the Title IX investigator will be requesting any and all relevant evidence or supporting information. That directive applies to both the complainant and the respondent. More often than not, both parties will have posted something on social media about themselves, each other, or the incident in question.

The bottom line is that social media posts and digital communications can absolutely hurt your defense during a Title IX investigation, but they can also help, depending on the contents of the post(s).

Attorney Mark Satawa is a criminal defense attorney who has provided his legal services to clients across Michigan. Over his extensive career, he’s helped clients like you navigate complex criminal charges by providing a thorough defense and strategic counsel.

Are you worried that you have made a mistake during a Title IX investigation? Don’t hesitate!
Contact Satawa Law, PLLC today to schedule a Free Case Strategy Session.

Why Should Friends And Family Avoid Contacting The Accuser During A Michigan Title IX Case?

It is incredibly important for a respondent’s friends and family to avoid contacting the complainant during a Title IX case. Every college or university in Michigan will have a very strict and very clear anti-retaliation provision in its Title IX policy. These rules will apply across the board, and violating them can have serious consequences for your case.

Some may think that the anti-retaliation provision applies only to the respondent, but in reality, it doesn’t matter who the person is. It can be a friend, a roommate, a parent, or a sibling. Anyone making contact with the complainant during a Title IX investigation that can be interpreted as being on the respondent’s behalf will be viewed as retaliatory.

Any kind of outreach will be interpreted as an attempt to intimidate or influence the accuser, and also as evidence of guilt. The best thing you can do for your case is to adhere to the noncontact rule and let the investigation and case play out the correct manner.

Could Relying On A School-Assigned Advisor During A Title IX Hearing In Michigan Cost You Your Case?

Relying on a school-assigned advisor is probably one of the biggest mistakes a respondent can make during a Title IX investigation or hearing.

School-assigned advisors are typically employees of the college or university. Many of them have backgrounds in social work, and while they may be trained in the basics of Title IX proceedings, they usually have no legal training and very limited experience in courtroom advocacy or legal strategy.

Title IX investigations and hearings require far more than emotional support or a vague familiarity with Title IX defense. They require the strategic thinking, legal knowledge, advocacy skills, and thorough preparation that can be found with an experienced criminal defense attorney.

Another point against school-assigned advisors is that they are typically trained by the school’s Title IX office, which has a bias in favor of the accuser. Any school-assigned advisor is going to have that bias in the back of their mind throughout a Title IX investigation, and they will not prioritize your rights the same way ann experienced Title 9 defense lawyer will.

What Happens If You Delay Hiring A Criminal Defense Attorney?

There are many reasons why it’s a bad idea to wait too long to seek legal representation.

The longer you wait, the greater the risk of losing key evidence that could help support your case. Evidence has an expiration date; text messages get deleted, social media posts taken down, and phone or app data can become inaccessible. Additionally, memories can and will fade. You might forget a key detail that could exonerate you, or a witness may become harder to find or even refuse to cooperate.

If you wait too long, you also lose the ability to take control of the narrative. The investigation won’t wait for you, and it will continue to your detriment. The school and possibly law enforcement will reach a decision without your side of the story being presented. By the time you’re ready to seek legal help, it may be too late.

The fact is, the best decision you can make after receiving a Title IX accusation notice is to seek legal representation from an experienced criminal defense attorney with experience in Title 9 cases immediately.

Attorney Mark Satawa is a criminal defense attorney who has provided his legal services to clients across Michigan. Over his extensive career, he’s helped clients like you navigate complex criminal charges by providing a thorough defense and strategic counsel.

Are you worried that you have made a mistake during a Title IX investigation? Don’t hesitate!
Contact Satawa Law, PLLC today to schedule a Free Case Strategy Session.

Have You Worked With A Client Who Underestimated The Seriousness Of The Process At First?

Unfortunately, there are definitely clients who have underestimated the seriousness of a Title IX accusation and investigation, or what consequences could arise from being accused. In today’s climate, it’s nearly impossible to overestimate how serious these cases really are.

In 2025, with the cultural aftermath of movements like #MeToo, and high-profile cases involving Larry Nassar, Jerry Sandusky, and others, we are in a place where Title IX allegations can spark a reaction that resembles a witch hunt.

The consequences of a Title IX allegation are life-changing. You will most likely be removed from campus housing, could be banned from campus altogether, or even expelled. If you’re found responsible, it will become a permanent part of your student file, which could follow you into applications for law school, medical school, an MBA program, or any future professional pursuit.

All the years you’ve spent in school, and all the money and effort you’ve invested in your future, can be lost in an instant. It’s not something that should be taken lightly.

What Advice Would You Have Given That Person If You Could Have Reached Them Ahead Of Time?

In the situation We’re a client could actually contact me in advance of receiving notice of a Title 9 accusation, the advice I would have given that person ahead of time is to really sit down and take the time to think about everything. When you’re young, it’s easy just to keep going and not take a minute for some introspection.

I’d tell them to think about how hard they’ve worked to get into university, and then calculate how much time, effort, and money they and their family invested in a solid education. Finally, I’d tell them to imagine all of that just disappearing at the drop of a hat. Why? Because a finding of responsibility in a Title IX investigation can take it all away in an instant, and there’s no getting it back.

Hopefully, then they’d understand the gravity of the situation.

The advice I’d give to anyone who is facing a Title IX investigation and hasn’t taken the initiative to contact an attorney experienced in handling those cases is best summarized in a single question: Do you want to be safe, or do you want to be sorry?

There is no downside to hiring an attorney who specializes in Title IX cases. It may cost you a few thousand dollars, but losing the case could cost you your future – graduate school and/or employment opportunities, and everything you’ve worked hard to achieve.

You need to be proactive, and hire someone who knows what needs to be done and is willing to advocate for you. There’s just too much at stake otherwise.

Still Have Questions? Ready To Get Started?

For more information on Title IX Investigation mistakes, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (248) 356-8320 today.