Title IX investigations aim to ensure a thorough, fair, and impartial process, balancing the rights of both the complainant and the respondent while maintaining the integrity of the educational environment.
Title IX investigations are a critical process for handling complaints of sex-based discrimination, including sexual harassment and sexual violence, within educational institutions. Here’s an overview of what to expect during a Title IX investigation:
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Fact-Finding: To gather and evaluate facts related to the complaint of sex-based discrimination.
Fairness: To ensure a fair and impartial investigation process for all parties involved.
Compliance: To adhere to federal Title IX regulations and institutional policies.
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1. Filing a Complaint:
Report: A complaint can be filed by the individual experiencing the alleged discrimination (complainant) or by a third party.
Intake Meeting: The Title IX Coordinator meets with the complainant to understand the nature of the complaint, provide information on rights and options, and discuss supportive measures.
2. Initial Assessment:
Jurisdiction: The Title IX Coordinator assesses whether the complaint falls under Title IX & Inclusion jurisdiction.
Immediate Action: Supportive measures may be implemented to ensure the safety and well-being of the complainant and the respondent.
3. Notice of Investigation:
Notification: Both the complainant and respondent receive written notice of the investigation, including details of the allegations, rights, and options available to them.
Respondent Meeting: The respondent meets with the Title IX Coordinator to discuss the complaint and investigation process.
4. Investigation:
Investigator Assignment: A trained, impartial investigator is assigned to the case.
Interviews: The investigator conducts separate interviews with the complainant, respondent, and any relevant witnesses.
Evidence Collection: The investigator gathers relevant evidence, such as documents, emails, text messages, and any physical evidence.
5. Review of Evidence:
Evidence Review: Both parties are given an opportunity to review and respond to the evidence collected.
Additional Evidence: The investigator may follow up on new leads or evidence provided during the review process.
6. Investigation Report:
Draft Report: The investigator compiles a draft investigation report summarizing the evidence and findings.
Review and Response: Both parties are given the opportunity to review and respond to the draft report.
Final Report: The investigator finalizes the report, incorporating any responses from the parties.
7. Determination:
Decision-Maker: An impartial decision-maker reviews the investigation report and determines whether a policy violation occurred based on the preponderance of the evidence (more likely than not).
Outcome Notification: Both parties receive written notification of the decision, including findings, rationale, and any disciplinary actions or remedies.
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Impartiality: The investigation must be conducted impartially, with no bias towards either party.
Equal Opportunity: Both parties have equal opportunities to present evidence and witnesses.
Supportive Measures: The University provides supportive measures to both parties before, during, and after the investigation.
Confidentiality: Information shared during the investigation is kept confidential to the extent possible.
No Retaliation: Retaliation against anyone participating in the investigation process is prohibited.
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Findings: The decision-maker determines whether the respondent is responsible for a Title IX violation.
Sanctions: If a violation is found, appropriate sanctions are imposed, which may include disciplinary actions such as suspension or expulsion for students or termination for employees.>
Remedies: Remedies are provided to the complainant to address the effects of the discrimination and to prevent its recurrence.
Appeals: Both parties may have the right to appeal the decision based on specific grounds, such as procedural errors or new evidence.