Answering Some of the Most Asked Questions About Title IX Investigative Process

Title IX accusations can be serious and impact your future. Sexual discrimination and harassment allegations can be a stressful and overwhelming experience. If your school or educational institution is covered by federal funding, the authorities will carry out an investigation, and you must ensure that you have a strong defense prepared. 

Gathering evidence and building a defense for Title IX is not easy, especially if you do not have expert legal knowledge. This is where an attorney can help. Title IX defense attorneys can represent you and protect your reputation from harm. They can conduct their own investigation and fight any kind of bias from the college or university. Click here to learn more

Title IX investigation FAQ

  • Who conducts Title IX investigations?

When a Title IX complaint is filed, the school or college where the student is admitted conducts the investigation. They first carefully examine gender-based discrimination, which includes sexual harassment, and determine which policy has been violated. After that, they take the necessary steps to address and correct the violation. It is usually an administrative process and not of criminal nature.

  • What happens during a Title IX investigation?

During a Title IX investigation, the appointed investigator interviews both the parties– the complainant and the accused, as well as other people who may count as witnesses. They also look for evidence and allow the parties to review the found evidence to collect statements.

Once the investigation is complete, the investigator draws a conclusion and submits the final report. 

  • What is the standard of evidence for resolution?

The standard of evidence to resolve Title IX proceedings is the preponderance of evidence standard, which means evidence proving that the sexual misconduct happened more likely than not is enough for the school to make a decision. Note that the burden of proof does not fall on either party in a Title IX case. Rather, it falls on the school.

  • Do the complainant and respondent need to interact during the investigation?

The complainant is the person who filed the complaint, while the respondent is the person against whom the complaint has been filed. The parties need not interact with each other during the investigation, and typically, they are not required to do so by the investigator. Anything that they have to say, they will say it directly to the investigator.

  • Is the privacy of the students maintained throughout the process?

Yes. The school is legally obliged to maintain the privacy of all the parties involved during the investigation process. However, there may be times during the investigation that the investigator will need to share some information regarding the allegations. Those with whom the information is shared are asked to keep them confidential.