Title IX Processes
Overview of the Title IX Process
Knowledge of Inappropriate Conduct that is Sexual in Nature
District has knowledge when any employee knows or believes sexual harassment may have occurred.
Employee must notify Title IX Coordinator of potential sexual harassment immediately.
Title IX Coordinator Communicates with Alleged Victim
The Title IX Coordinator must promptly contact the complainant confidentially to discuss the availability of
supportive measures, consider the complainant’s wishes with respect to supportive measures, inform the
complainant of the availability of supportive measures with or without the filing of a formal complaint, and
explain to the complainant the process for filing a formal complaint.
Determination of Supportive Measures
Title IX Coordinator must ensure required supportive measures are provided to the person alleged to be the victim. Document response even if not formal complaint made.
Determination of Emergency Removal
Limited availability for physical threat – not emotional or psychological.
Formal Complaint
Either alleged victim or Title IX Coordinator may file.
Initial Determination of Sexual Harassment Threshold
Title IX Coordinator must determine if conduct being reported is sexual harassment under the law or inappropriate conduct that is sexual in nature.
Must consider alleged behavior and substantial control.
Determination made assuming all facts in favor of alleged victim.
If matter is dismissed, written notice provided to all parties of dismissal and reason for dismissal.
Initial dismissal determination is appealable.
Notice of Formal Complaint
Detailed and specific notice requirements
Must go to both parties and to investigator
Investigation
Unbiased individual without a conflict of interest other than Title IX Coordinator, Decision Maker, or Appea-Hearer must conduct investigation.
Specific timelines apply.
Decision
Decision maker must be unbiased and conflict free, and cannot be the Title IX Coordinator, Investigator, or Appeal-Hearer.
Decision must include specific components, including findings of fact and conclusions of law.
Appeal
Specific requirements relating to ability to serve and timeline.
Investigating Process
Formal Complaint Filed
Complaint may be filed by alleged victim or Title IX Coordinator.
Formal complaint is not the same as an initial notification of inappropriate conduct that is sexual in nature.
Notice of Allegations in Formal Complaint
This notice will frame the parameters of the investigation.
If additional allegations are made during the investigation process, additional notices must be provided.
Investigator Assigned
Must be unbiased and without conflict of interest.
Investigator will not draw conclusions - simply gathering evidence.
Burden of gathering evidence lies with school.
Interviews and Data Gathering
Must provide notice with sufficient time for parties to prepare for interviews.
Must afford each party the opportunity to submit written questions that the party wants asked of the other party or any witness.
Party Review of Evidence
Both parties must be given opportunity to review all evidence prior to conclusion of investigation and be given at least 10 days to submit a written response.
Investigation Report Drafted
Description of all evidence gathered.
Specific requirements as to content of report.
Investigation Report Sent to Parties
Each party must be provided investigative report for review and written response before final determination.
Copy should be sent to Decision-maker and Title IX Coordinator.
Title IX Decision-Making
Investigation Report Received from Investigator
Examination of Investigation Report
Both parties must be given opportunity to review all evidence prior to conclusion of investigation and be given at least 10 days to submit a written response.
Written Documentation
Identify allegations.
Describe procedural steps taken.
Findings of fact.
Conclusions regarding application of code of conduct to facts.
Statement of, and rationale for, result of each allegation.
Procedure for appeal.
Send Written Determination to All Parties and Title IX Coordinator
Download Determination Regarding Responsibility Form