University Title IX Investigations vs. Civil Lawsuits in WA

After campus sexual assault, harassment, or abuse, survivors are often left navigating a confusing system while they’re still trying to process what happened to them. They may be contacted directly by a Title IX coordinator, be notified of a university investigation, or think about talking to a personal injury lawyer about suing the responsible parties. These options overlap, but they aren’t the same.

Navigating this is challenging under any circumstances, and when you’re processing assault, it’s even more draining. The team at Smith McBroom Injury and Accident Lawyers can advocate for you and help you plan your next steps. Call us to schedule a consultation now.

What is a university Title IX investigation?

Title IX is a federal law that prohibits sex discrimination in education programs and activities that receive federal financial assistance. Sexual harassment, violence, and assault often fall under Title IX. Because a survivor of sexual assault may be unable to attend classes with their assailant or anyone who contributed to their assault, Title IX often comes into play.

The school controls the process of a Title IX investigation. After the school receives a report, it must offer appropriate supportive measures; after a formal complaint is filed by the complainant or Title IX coordinator, it must follow the Title IX grievance process. Some supportive measures that may be offered include no-contact directives, housing changes, changes to class schedules, campus safety planning, and academic accommodations.

While Title IX is a federal law, Washington law also addresses gender discrimination in colleges and universities. Under state law, the Washington Student Achievement Council develops rules and guidelines to eliminate gender discrimination at Washington’s public institutions of higher education. A survivor at a Washington college or university may have options via both Title IX and state law.

It’s important to note that Title IX regulations have changed recently. The U.S. Department of Education states that 2024 regulations were vacated by a federal court in January 2025, so the 2020 Title IX rule is in effect.

What is a civil lawsuit?

A civil lawsuit is completely different from a Title IX complaint. A civil lawsuit asks the court to determine if one or more named parties are legally liable for the survivor’s harm.

Potential defendants obviously include the perpetrator, but beyond that, they include the school itself, a fraternity, a housing provider, an athletic program, or another institution that failed to act reasonably. Legal claims may include negligent supervision, negligent hiring or retention, premises liability, failure to protect, Washington Law Against Discrimination claims, and Title IX claims. A civil Title IX lawsuit is different from a Title IX campus investigation; they are separate processes with different standards and requirements.

Key difference: who controls the process

One of the key differences between a civil lawsuit and a Title IX process is which party is in control of the process. In the Title IX process, the university oversees the process, determines which steps must be taken, and determines appropriate remedies or discipline. While the survivor may be involved, the process and final outcome both belong to the school.

In a civil lawsuit, the survivor is the plaintiff. The case is governed by the court and applicable rules of civil procedure. The survivor may decide whether or not to accept any settlements that are offered, and if the case goes to court, the jury or judge determines liability and compensation.

This is an important difference. If a survivor needs immediate academic and housing changes, they may need to go through the university process right away. A survivor who needs broader accountability and compensation may pursue civil litigation instead.

Key difference: standard of proof

The standard of proof is different for each type of claim. Per 2020 Title IX regulations, schools can use the preponderance of the evidence standard or the clear and convincing evidence standard. However, they must apply the same standard to all formal complaints of sexual harassment, including complaints against students and employees. Clear and convincing evidence is a higher standard than a preponderance of the evidence.

Civil lawsuits typically use the preponderance of the evidence standard. Not only may the standard of proof differ, but the legal questions are also different. A university investigation may find that no policy was violated, but a civil claim may survive if the school ignored prior warnings or mishandled known safety risks.

Key difference: available remedies

Title IX investigations are primarily meant to address issues that threaten equal access to education. They look at school access, school safety, and policy enforcement. The remedies available to survivors include no-contact orders, changes in living situations, academic schedule changes, counseling referrals, and discipline against the alleged perpetrator.

Civil lawsuits are intended to compensate the wronged party and hold liable parties legally accountable. Damages paid to the survivor may include medical expenses, mental health treatment costs, lost educational and career opportunities, emotional distress, pain and suffering, and related losses.

In a civil claim, discovery may also uncover larger institutional failures that eventually lead to more significant change. Prior complaints, internal emails, security records, and evidence that the school did not respond to known risks may all come to light.

A survivor may be able to pursue both a Title IX complaint and a civil lawsuit simultaneously, but coordination and planning are necessary. Survivors may want to meet first with a sexual assault lawyer to protect their legal options and determine the best path forward.

Choose Smith McBroom Injury and Accident Lawyers for your assault claim

If you’ve been the target of sexual assault or harassment at your college or university, you have legal options—but you have to decide what comes next based on what is right for you. Let’s talk. Call us or contact us online to schedule a consultation.