How to Conduct a Thorough Title IX Investigation

Title IX applies to all educational institutions funded through federal means and prohibits sex-based discrimination, sexual harassment, sexual assault, domestic violence, and stalking. Sadly, nearly every institution experiences Title IX violations, and addressing these issues is important when it comes to creating a safe learning environment. 

One stipulation of Title IX is that all higher-ed institutions must investigate reports and allegations of gender-based incidents. A Title IX investigation implies the examination of various gender-based incident allegations, including sexual harassment and assault, sexual discrimination, domestic violence, and any other form of gender-based harm listed in the institution’s anti-discrimination policies. 

It’s important to note that Title IX investigations examine allegations of incidents that violated the school’s policies. As such, those investigations aren’t legal investigations, as they don’t examine whether an incident violated the law. Thus, these two investigations must occur independently of one another. 

However, without a formal Title IX investigation process, it’s hard for the title 9 investigator (a non-decision-making individual/employee/school community member designated by the school) to conduct a thorough investigation that respects the rights of parties involved in the alleged incident. 

The first step towards conducting a thorough investigation is to assign a Title IX Coordinator to not just develop the investigation process but to ensure that the institution complies with Title IX in all aspects, including enrollment and employment. 

Coordinators are often involved in drafting, revising, and implementing policies that comply with Title IX, and they’re often the pain point of contact for anyone inquiring about Title IX. Additionally, they’re required to work with law enforcement when necessary. 

When an incident occurs, the Title IX Investigator will work with a Title IX Coordinator (the Coordinator can also act as an Investigator) to notify the involved parties about an existing complaint and the impending investigation. The notice should include all the relevant information, as well as the complainant’s and respondent’s rights, as well as the policy that the alleged behavior violated.  

The next step in the investigative process is to gather information related to the alleged incident and collect evidence. This includes interviews, video and audio recordings, phone records, documents, social media posts, etc. It’s also important to document interviews and inquire about the names and details of potential witnesses, as well as any relevant details. 

Once all the necessary information has been gathered, the Investigator needs to review and analyze the collected information and provide both respondent and complainant with at least 10 days to review the information themselves, as it might help trigger their memory. 

Upon reviewing and analyzing the necessary information, the Investigator will comprise a detailed report containing evidence that either corroborates or disproves an allegation. This report writing is then presented to a separate Decision-Maker to determine whether a violation has occurred. 

After the decision has been made, it’s within the Title IX Office’s duty to notify the involved parties of the outcome of the investigation through a report that contains the initial allegations, the parties involved, the collected evidence, interview summaries, and other relevant information. 

Following the notification, the Title IX Office provides 10 days to involved parties as an opportunity to respond to the report. After the outcome has been finalized, the higher management will review the investigation process and issue a written statement regarding their decision. If the allegations are true and there’s no appeal, the higher management will determine adequate sanctions for the perpetrator.