Pennsylvania

Title IX law is constantly evolving. New regulations, court decisions, and legal challenges continue to shape how primary and secondary schools, colleges, and universities address sex-based misconduct and discrimination. Our firm closely monitors these developments so that we can provide clients with the most current information and effective legal guidance.

Click here to learn more about the current state of Title IX and how we can help if you are facing a Title IX investigation, accusation, or other related issue.

Are you a student or the parent of a student at a Pennsylvania school, college, or university facing a disciplinary, academic, or other school-related issue? Schwartz & Arminavage’s Student Defense Team is here to help.

Or are you the victim of sexual misconduct and your school refuses to do a thing about it? We can help bring your assailant to justice and get you the compensation you deserve.

The academic environment presents unique challenges, and our attorneys bring extensive national experience, a practical problem-solving approach, and a strong commitment to protecting students’ rights. We have represented students and families in Pennsylvania and throughout the United States, both within educational institutions and in court.

What Types of Misconduct Can Pennsylvania Students Face?

Each Pennsylvania college and university has its own student conduct policies and disciplinary procedures. Although the specific rules vary by school, many institutions follow similar processes when investigating and addressing allegations of student misconduct.

Schools may establish rules that apply to students and members of the campus community. Public colleges and universities must also comply with applicable state and federal legal requirements, including protections related to due process.

Depending on the circumstances, students may face allegations involving academic misconduct, code of conduct violations, Title IX or sexual misconduct, and other violations of school policy.

Public Colleges and Universities in Pennsylvania

Pennsylvania’s public higher education system includes both state-related universities and institutions within the Pennsylvania State System of Higher Education (PASSHE).

State-related universities include Penn State, Temple University, Lincoln University, and the University of Pittsburgh. These institutions receive state funding but maintain significant independence over their academic and administrative policies.

PASSHE includes Pennsylvania’s state-owned universities, such as West Chester University (the alma mater of attorney Wayne Arminavage II, one of the partners at Schwartz & Arminavage), Kutztown University, Indiana University of Pennsylvania, and Slippery Rock University. Students at public institutions may have legal protections in addition to the rights provided under their school’s own disciplinary policies.

Private Colleges and Universities in Pennsylvania

Pennsylvania is also home to prominent private institutions, including the University of Pennsylvania, Carnegie Mellon University, and Villanova University. Private colleges operate differently from public institutions, but they are still subject to applicable federal and state laws, as well as their own published policies and procedures.

Whether you attend a public or private Pennsylvania school, your institution’s specific policies can play an important role in determining your rights and the procedures that apply when you face disciplinary action.

Grounds for Discipline & Sanctions in Pennsylvania Schools

Pennsylvania colleges and universities have their own codes of conduct outlining prohibited behavior and the procedures used to address alleged violations. These rules may apply to conduct in the classroom, student housing, campus activities, and, in some circumstances, conduct that occurs off campus.

Although policies vary by school, common misconduct allegations include:

Harassment or discrimination
Sexual harassment or misconduct
Academic misconduct
Alcohol or drug violations
Hazing
Theft or property violations
Disorderly or disruptive conduct
Providing false information
Failure to comply with university officials
Violations of school policies or applicable law

The specific rules and procedures that apply will depend on your college or university.

The Disciplinary Process

Disciplinary procedures also vary among Pennsylvania schools. Generally, a student accused of misconduct can expect to receive notice of the allegations and an opportunity to respond before the school makes a disciplinary decision.

At universities within the Pennsylvania State System of Higher Education (PASSHE), disciplinary procedures provide students with certain protections. Depending on the proceeding, these may include notice of the charges, time to prepare, an opportunity to present evidence and respond to allegations, an impartial decision-maker, and a written decision.

Students may also be permitted to have an adviser, including an attorney, present during certain proceedings. However, the adviser's role may be limited by the school's policies.

Possible Sanctions

The consequences of a conduct violation depend on the school, the seriousness of the allegation, and the circumstances of the case. Possible sanctions at Pennsylvania colleges and universities may include:

Warning or reprimand
Disciplinary or academic probation
Loss of privileges
Educational requirements or community service
Fines or restitution
No-contact orders
Removal from university housing
Suspension
Expulsion

Serious disciplinary action can affect a student's enrollment, academic record, and future educational or professional opportunities.

Appealing a Disciplinary Decision

Many Pennsylvania colleges and universities allow students to appeal disciplinary decisions, but the rules vary significantly by institution. Schools may impose strict deadlines and limit appeals to specific grounds.

An appeal generally is not an opportunity to simply disagree with the outcome or repeat arguments from the original proceeding. Depending on the school's policies, possible grounds for appeal may include:

A significant procedural error
New evidence that was not reasonably available earlier
A decision that was not adequately supported by the evidence
A sanction that is inconsistent with the violation
A violation of rights provided by the school's policies

Because appeal deadlines can be short, students should review their school's policies as soon as they receive a disciplinary decision. An experienced student defense attorney can help evaluate the proceedings, identify potential grounds for appeal, and guide the student through the next steps.

Title IX at Pennsylvania Colleges and Universities

Title IX is a federal civil rights law that prohibits sex discrimination in education programs and activities that receive federal financial assistance. It applies to Pennsylvania colleges and universities that receive federal funding and can cover matters involving sexual harassment, sexual assault, dating violence, domestic violence, stalking, and other forms of sex-based misconduct.

Pennsylvania State System of Higher Education (PASSHE) universities must also follow the State System’s Sexual Misconduct Policy. Among other requirements, PASSHE schools must have a Title IX Coordinator and procedures for addressing reports of sexual misconduct. Other Pennsylvania institutions, including Penn State, Temple University, Lincoln University, and the University of Pittsburgh, maintain their own Title IX policies and procedures.

What Happens in a Title IX Case?

A Title IX case may involve an investigation, interviews with the parties and witnesses, review of relevant evidence, and a formal grievance process. The specific procedures depend on the allegations, federal Title IX requirements, and the individual school’s policies.

Students involved in a Title IX proceeding may have important procedural rights, including:

Notice of the allegations
An opportunity to review relevant evidence
An opportunity to present evidence and identify witnesses
Assistance from an advisor, who may be an attorney
An impartial investigation and decision-making process
Written notice of the outcome
An opportunity to appeal under the school’s applicable procedures

Because Title IX cases can involve serious consequences, students should carefully review their school’s policies and understand their rights from the beginning of the process.

Title IX Hearings

Depending on the circumstances and applicable procedures, a Pennsylvania college or university may use a formal hearing to determine whether a student is responsible for alleged sexual misconduct.

The hearing process and evidentiary standard can vary by institution, but schools must comply with applicable federal Title IX requirements. A finding of responsibility can result in significant disciplinary consequences, potentially including suspension or expulsion.

Because each Pennsylvania school has its own procedures in addition to federal requirements, students facing a Title IX investigation or hearing should understand the specific rules that apply at their institution.

Speak With a Pennsylvania Student Defense Attorney

If you or your child is facing a Title IX investigation, academic misconduct allegation, disciplinary proceeding, or other school-related matter in Pennsylvania, the Law Offices of Schwartz & Arminavage can help.

Our attorneys represent students nationwide and provide experienced guidance through investigations, hearings, and appeals. Contact us today to discuss your case and learn how we can help protect your academic and professional future at (301) 474-2300 or info@schwartzarmlaw.com.