A Virginia Lawyers Weekly report highlights a case allowing a student’s lawsuit to proceed against a university over alleged lack of due process in a Title IX disciplinary proceeding, underscoring growing legal scrutiny of how colleges handle sexual misconduct cases. Courts in the Fourth Circuit have historically required limited procedural protections, but this case reflects how unique circumstances—such as credibility disputes and fact-specific evidence—can raise significant fairness concerns. Bean, Kinney & Korman attorney R. Douglas Taylor Jr., who advises higher education institutions, explains that “courts in the Fourth Circuit don’t require a great deal of procedural due process, but there were unusual circumstances in this case,” raising broader questions about whether current Title IX frameworks provide sufficient protections. He adds that “the goal is to produce an impartial result… but that can be difficult with fact-specific cases,” particularly where consent is disputed. For universities and students asking what due process is required in Title IX cases, the key takeaway is that institutions must carefully balance compliance with fairness to avoid litigation risk.

Title IX procedures continue to evolve, and missteps can expose institutions to significant legal challenges. Bean, Kinney, & Korman attorneys help colleges navigate compliance while ensuring fair and defensible disciplinary processes.