Can Text Messages and Social Media Be Used as Evidence in a Title IX Case in Massachusetts?
Text messages, direct messages, social media posts, photographs, and videos can become evidence in a Massachusetts Title IX case. They may support an account, establish a timeline, or be the alleged misconduct.
What Your College Has to Share With You
According to 34 C.F.R. § 106.45, both parties must have an equal opportunity to review evidence directly related to the allegations, including material the school does not plan to use. Before completing its report, the school must send that evidence to each party and the party’s advisor, if any, and allow at least 10 days for a written response.
As per Mass. Gen. Laws ch. 6, § 168E, covered colleges must provide timely and equal access to relevant evidence used in deciding disciplinary action. Schools must also tell both parties that they have:
- Equal opportunities to inspect and review evidence directly related to the allegations
- An equal chance to present evidence and witnesses
- The school’s written policies on how evidence is submitted and considered
What Messages Can Show and What May Be Limited
Messages can help establish when people communicated, how they interacted, what someone said soon after an encounter, or whether a no-contact directive was followed. In Doe v. Amherst College, the district court discussed texts sent shortly after the encounter that the investigator had not collected. In Haidak v. UMass-Amherst, the First Circuit discussed calls and texts connected to harassment and no-contact allegations.
Not every message or post can be considered. Evidence about a complainant’s prior sexual behavior is generally treated as irrelevant, subject to limited exceptions, including specific prior behavior between the parties offered to show consent. Old sexual messages therefore are not automatically considered.
Why Context and Authorship Matter
A screenshot can raise questions about who sent a message, when it was sent, what came before and after it, and whether it shows the full exchange. If the same material reaches a Massachusetts court, formal evidentiary rules apply.
A name on an account doesn’t always prove who wrote a message, according to Section 901 of the Massachusetts Guide to Evidence. Courts look for confirming details, like the phone number, facts only the sender knew, or distinctive spelling habits.
Section 1119 also explains that screenshots should identify the sender, date, and time, and that other parts of an exchange may be offered for context.
Preserve the Full Record and Get Guidance
Save whole conversations, not just cropped screenshots, along with the dates, times, usernames, and phone numbers. Don’t delete or edit anything that might still matter, and think twice before posting or messaging about the allegations.
If you face a Title IX allegation, Riccio Law can review the digital evidence, explain the disciplinary process, help you respond to the school’s evidence, and represent you through the proceeding
Contact us or call 617-404-8878 to get started.
Can Text Messages and Social Media Be Used as Evidence in a Title IX Case in Massachusetts?
