Alt Title: College Title IX Investigations: The Basics
Title IX is a federal civil rights law that forbids sex-based discrimination in any educational establishment that receives money from the federal government, including most colleges and universities.
The penalties for a Title IX violation can be significant, so it’s important to take a Title IX report seriously.
Everything starts with an investigation, but how exactly do Title IX investigations play out?
The Report
Investigations only occur after a formal report has been made. If a person decides to make a formal Title IX complaint, they will reach out to their college’s designated Title IX Officer. The Officer will typically reply within a week to set up a meeting.
During that meeting, the Officer will lead a discussion and ask the Complainant whether they want to pursue a formal Title IX complaint. The Complainant will be advised of the investigative process as well as alternative options and resources available to them.
Roughly 1 to 3 weeks later, the person who committed the assault or harassment, known as the Respondent, will be advised that a Title IX complaint has been filed against them. They will be given a summary of the complaint as well as details on the investigation process. At this time, the Respondent should hire legal representation.
According to the attorneys at SBBL Law, “Most of our Title IX clients have some idea of what Title IX is, how formal complaints work, and how the investigation will generally progress. But there are many intricate steps in the process – and they’re much easier to understand when you have the help of a lawyer who specializes in these types of investigations.”
Your lawyer will help you better understand the investigation, your rights, and your options, and they’ll act as your representative throughout the process – as well as at hearings, assuming they become necessary.
The Investigation
A Title IX investigation typically takes between 4-12 weeks.
- Interviews and evidence. The first phase of the investigation takes between 1 and 4 weeks, focusing on conducting interviews and gathering evidence about the incident in question. Both the Complainant and the Respondent will be interviewed separately, and both parties will have the opportunity to present evidence and identify witnesses on their behalf.
- Statements and responses. Next, investigators will present summaries of interviews in formalized documents called Summary Statements. All parties will have the opportunity to review all of these statements, add commentary, make corrections, and strategize. This phase of the process takes between 1 and 6 months, and typically involves heavy back and forth between investigation subjects.
- Investigation report and/or alternative resolution. After statements and responses are finalized, the lead investigator will issue a final report. This report aims to summarize the situation, outline the incident in question, and review the major details of the case. At this point, the Complainant and the Respondent will have an opportunity to pursue an Alternative Resolution. Otherwise, the investigation will move to a hearing.
- The hearing. If the case is at a college or university, there can be a hearing, which is currently required but has been changed to optional in the proposed August 2024 changes to the Title IX regulations. Some colleges may still choose to hold a hearing even though it might not be required. If a hearing is held, there will be a hearing officer who oversees the case, and each party will have an advisor who asks all the witness questions.
- Final results. Once the hearing is over, the hearing officer or hearing panel will review all available evidence and make a final decision about whether the Respondent is “responsible” for the Title IX violation; a finding of “responsible” is equivalent to a finding of “guilty.” If the Respondent is found responsible, they may face specific consequences or discipline for their actions.
- The appeal. If either party feels the outcome was unfair or otherwise not in their favor, they may have the opportunity to appeal. Parties generally have 10 days to submit a request for appeal, at which point the appeal process begins.
How to Maximize Your Chances of Success
As a Respondent or Complainant, there are several strategies that can help you maximize your chances of success:
- Hire the best advocate you can (and follow their guidance). First, make sure you hire the best advocate you can afford and follow their guidance as precisely as possible. This experienced legal expert is going to be your best shot at success.
- Cooperate fully. Cooperate fully with the investigation. At best, your resistance is only going to delay things.
- Gather as much evidence as possible. Title IX cases are decided by evidence. The more evidence you can gather, and the better that evidence is, the more likely you’ll be to get the outcome you want.
Title IX investigations can be stressful and complicated, but the investigation process is relatively straightforward. With a good advocate and a commitment to cooperation, you can pursue the best possible results, given your circumstances.