When Title IX Goes Wrong: FACE, Families & Attorneys on Misapplied Cases and Due Process

In this episode of Title IX Insider, Dr. Sandi sits down with FACE (Families Advocating for Campus Equality) representatives- two Board of Directors and leading attorneys in the field (Attorney Eric Rosenberg and Attorney Samantha Harris), and Aurora Knight, a mom whose family was supported by FACE during her son’s Title IX case. Together, we break down what FACE actually does, why their work matters, and how families can navigate a system where respondents often have minimal support and significant misconceptions about their rights.

FACE provides non-clinical, non-counseling support through intake teams who take calls—sometimes during moments of crisis—to help families understand the Title IX process, connect with advisors, and access accurate legal information. They are not mental health professionals; instead, they serve as a critical bridge for families trying to make sense of complex procedures and due process requirements.

Aurora shares her son’s story: he was charged with a Title IX violation for a fist bump, despite being on the autism spectrum. We explore how commonly autistic students—or students struggling with social cues—are pulled into Title IX cases incorrectly. These are the extreme or misapplied cases, where behaviors that require clarity, guidance, or education become formal charges that can follow a student permanently.

We also discuss why trauma-informed education for administrators matters, how informal resolution and friendly warnings are underused tools, and how viewing cases in black-and-white terms creates compliance mistakes and inequitable outcomes.

Our conversation also clarifies an important truth:

⬥ Most Title IX cases are not the egregious rape cases portrayed on TV.

⬥ They are far more commonly dating-related conflicts, misread social cues, or nonconsensual touching—not penetration, and not rape.

⬥ The examples discussed in this podcast episode are not rape cases.

And at the same time, WE MAKE OUR STANCE CRYSTAL CLEAR:

Neither FACE nor Title IX Consulting Group believes anyone should ever escape accountability for sexual assault. Rapists deserve harsh punishment—with due process, as required by law.

We also explore concerns with schools providing respondent support staff who are often non-confidential, untrained, or biased, leading to poor guidance and further harm—one reason attorneys often recommend groups like FACE for early intake help.

Finally, our podcast guest attorneys provide direct advice for administrators:

✔ Correct mistakes when they happen.
✔ Offer hearings not only in Title IX cases but also in campus misconduct cases outside Title IX.
✔ Ensure due process for all parties.
✔ Do the right thing—even when it’s difficult.

This conversation is essential for families, administrators, Title IX professionals, attorneys, and anyone committed to fairness, prevention, and compliance in the campus safety space.

🔗 Learn more at https://facecampusequality.org

🔗 Learn more at TITLEIXconsultinggroup.com

Chapter Titles & Times
00:00 When Title IX Goes Wrong
00:32 Introduction
00:54 FACE Explained
04:30 FACE Intake Teams
07:16 Aurora's Story
10:02 Misapplied Title IX
13:07 Misapplication of Affirmative Consent
14:57 Trauma-Informed Practice & Friendly Warnings
17:02 Aurora's Perspective
20:20 The Risk of Black-and-White Decisions
20:31 Attorney Eric on Informal Resolution
22:02 Hundreds of Cases, Few Actual Rapes
26:01 When Alcohol Complicates Consent
26:51 IMPORTANT CLARIFICATION
27:52 Inside the Respondent Experience
30:57 FACE Warnings
37:17 FACE on Due Process
39:12 Process Failures
41:44 Advice to Administrators
44:27 Final Thoughts from Aurora
45:15 Closing

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