What is a Title IX Investigation?
Title IX is a federal law that protects individuals from discrimination “based on sex” in any education program or activity that receives federal funds from the U.S. Department of Education. This applies to virtually every school (K-12) and college in the United States, as almost all schools receive some form of federal funding.
Schools are required to comply with Title IX, and Title IX requires every school receiving federal funding to respond promptly and effectively to allegations of sexual assault and sexual harassment. Title IX governs how schools respond once they learn about an allegation of sexual assault or sexual harassment.
What does Title IX cover?
When accusations of sexual assault, sexual misconduct, sexual violence, sexual harassment, or sex-based discrimination arise and the school receives notice of the alleged conduct, this triggers the Title IX process. The school must then take certain steps, as outlined in the Title IX laws, to respond properly. The goal of Title IX is for the complainant and the person accused to have a fair process where the school takes the claim seriously and takes appropriate and fair action. The type of investigation depends on the current Title IX regulations and where the alleged conduct took place (e.g., on-campus or off-campus).
How does a Title IX case begin?
The Title IX process begins with the complainant or someone else providing notice to the school about the alleged conduct or violation. While schools are obligated to respond when any employee receives notice of conduct that violates Title IX, the best way to provide official notice to the school is to file a complaint with the school’s Title IX Coordinator or Title IX Office. The Title IX Coordinator is the school’s designated compliance officer for Title IX, who is responsible for implementing school policies that adhere to Title IX, as well as monitoring compliance and conducting or coordinating investigations related to potential violations. Contact information for the Title IX Coordinator should be publicly available on the school’s website, as well as the school’s student handbook.
What happens after a complaint is filed?
If a student or employee wishes to file a formal complaint, once a school, college, or university has received notice of a potential Title IX violation (such as sexual assault or sexual harassment), it is obligated to conduct a prompt investigation. The investigation begins by notifying both the complainant and respondent through an official letter about the specific allegations and the corresponding school policies that are alleged to have been violated. The letter should also contain the specific rights and accommodations available to both parties, including the right to have an advisor or attorney assist them throughout the process and a statement that the respondent is presumed not responsible for the accusations until the completion of the full Title IX process.
Additionally, the school may impose interim measures against a respondent to ensure safety — including emergency suspension, scheduling changes, and no-contact orders. In addition, “supportive measures” are available to the parties during the investigative process, which can include, for example, counseling, classroom changes, housing changes, exam date changes, and other reasonable accommodations to assist the parties in completing their school requirements while the investigation is ongoing.
What happens during a Title IX or school policy investigation?
During the weeks or months following a Title IX complaint, the Title IX Office’s designated investigator will initiate an official investigation. The timeframe should be prompt, but Title IX itself does not include a specific deadline for completing the investigation, other than that the timeframe must be reasonable. Each school’s Title IX investigative process will include obtaining statements from the complainant, respondent, and any relevant witnesses, as well as collecting other evidence related to the complaint — such as photos, videos, phone records, and information from social media. Based on the information obtained, the investigator will compile an investigation report, which is then shared with the complainant and respondent for review. The parties have a period of time (usually 10 days) to review the report and provide any corrections, edits, and responses before the report is finalized.
Once the report is finalized, it will go to the decision-maker. Title IX prohibits the investigator from being the decision-maker. In K-12 school cases, the decision-maker is often a principal or assistant principal. In college Title IX cases, the decision-maker is often a panel of three people. Schools will sometimes refer out the investigation or decision-making to a third-party firm, such as a law firm or professional Title IX investigative company.
In addition to a final report, the decision-maker may also hold a hearing as part of the investigative process, and a hearing must be held if Title IX currently requires it. (At the time of this writing, colleges were required to hold hearings, but K-12 schools were not.) The hearings are usually held by Zoom. Every school that conducts Title IX hearings does so slightly differently. Typically, some form of an opening and closing statement, as well as the questioning of witnesses, takes place during the hearing, which takes place in front of the decision-maker or decision-making panel.
How is a violation determined?
There are various standards of proof that can be applied to potential violations of Title IX and/or school conduct policies. The standard of proof is determined on a school-by-school basis, but it must be at least a “preponderance of the evidence,” meaning the decision-maker must find it more likely than not that a violation occurred before finding the respondent responsible for the conduct.
What happens after the school conducts its investigation?
After the investigation process concludes, a final written report and/or official outcome notice letter will be shared with the complainant and respondent, notifying them individually of the result of the investigation, conclusions on any violation(s), and any subsequent consequences. Consequences usually depend on the specific violation, if the respondent is ultimately found responsible, and can range from a warning about the conduct to permanent expulsion from the school and loss of funding or employment.
What happens if I am unhappy with the investigation outcome, findings, or sanctions?
Either party may appeal the final decision of the investigation process, usually via a formal written appeal. The timeframe varies for appeals, but it is typically very short (often only 3 days from the date the outcome letter is issued). There are very specific bases to appeal an outcome, like procedural error and bias that affected the outcome of the investigation. The school’s Title IX policy should include details of any right to appeal and the acceptable bases for submitting an appeal.
When should I contact a Title IX attorney?
If you are accused of a violation of Title IX or school policy as a student or an employee, or if you have made or are thinking about making a complaint to your school about a violation of Title IX, you should contact a Title IX attorney as soon as possible. Having an attorney present with you throughout the investigation can determine the outcome of the entire case. The most common reason a decision-maker will decide a case against either a complainant or a respondent is that the person made inconsistent statements about what happened, including about seemingly small details that may seem inconsequential at first.
It is critical that both parties articulate all helpful details clearly and carefully from the first encounter with the school and throughout the Title IX investigation. Although the school must offer each party a free advisor, school advisors do not receive the type of in-depth training on investigations, advocacy, and Title IX laws that a Title IX attorney can. Additionally, the school’s free advisors work for the school, so challenging the school, the investigator, or the Title IX decision-maker for bias could be difficult when relying on a school employee as the advisor.
Can a Title IX case turn into a criminal case?
Yes. In addition to any consequences within the school (ranging from a warning to expulsion), it is also possible that law enforcement will open a separate criminal or juvenile investigation related to the alleged conduct. The police and the school make separate decisions about whether to investigate, and a criminal case would ultimately have to be proven by a much higher standard of proof: beyond a reasonable doubt. Any statements made by either the complainant or the respondent in the Title IX case could have serious consequences one way or another in a criminal investigation. Retaining an attorney as early in the process as possible can help navigate those challenges.
