Are Title IX Investigations Public?

If you’re involved in a Title IX case, you may be wondering: Are Title IX investigations public? The short answer is no—Title IX investigations are typically confidential. However, there are exceptions where case details may become public. Understanding how Title IX confidentiality works can help protect your rights and privacy.

What Is Title IX?

Title IX is a federal law that prohibits sex-based discrimination in educational institutions that receive federal funding. It applies to students, faculty, and staff in schools, colleges, and universities across the United States. A Title IX investigation occurs when a formal complaint is filed regarding:

• Sexual harassment
• Sexual assault
• Gender-based discrimination

Schools are required to conduct thorough, impartial investigations to determine whether a Title IX violation has occurred.

Are Title IX Investigations Public or Confidential?

In most cases, Title IX investigations are not public. Schools must maintain confidentiality to protect the privacy of all parties involved. Who has access to the investigation details?

• The complainant (the person who filed the complaint)
• The respondent (the accused individual)
• School officials handling the case
• Legal representatives for both parties

However, there are situations where information from a Title IX case may become public.

When Can Title IX Case Details Become Public?

While schools prioritize confidentiality, certain circumstances may lead to public disclosure:

1. If a lawsuit is filed – If the case moves to a civil or criminal court, details from the investigation may become part of public record.
2. If the media gets involved – In high-profile cases, journalists may report on the investigation, though schools typically cannot release details without appropriate legal process. For example, public schools and colleges are subject to the Freedom of Information Act (FOIA) and must release certain information to the public when asked. Schools interpret this obligation differently, and some schools are more willing to provide information than others.
3. If law enforcement is involved – In some cases, investigators may obtain Title IX records through a search warrant for a related criminal case.

Understanding Your Privacy Rights in a Title IX Investigation

If you are involved in a Title IX investigation, it’s important to understand your privacy rights:

• Both parties have the right to review the evidence presented during the case.
• Schools generally cannot release identifying details about individuals involved unless required by law.
• Institutions must follow federal privacy laws, such as the Family Educational Rights and Privacy Act (FERPA), which protects student records. The reports contained in a Title IX investigation are generally considered student records if one or parties is a student, but the line between a “student record” and “public information subject to a FOIA request” is often blurry.

Conclusion

So, are Title IX investigations public? Generally, no. Schools are required to maintain Title IX confidentiality and limit access to those directly involved in the case. However, details may become public in legal proceedings, media coverage, or law enforcement investigations.

If you’re involved in a Title IX case and need legal guidance, SBBL Law is here to help. Our experienced attorneys can explain your rights, protect your privacy, and guide you through the process. Contact SBBL Law today for a consultation.