To comply with Title IX, educational institutions must designate one employee as a Title IX investigator. This role is usually distinct from the Title IX Coordinator, though the Title IX Coordinator may also serve as the investigator.

Who is a Title IX Investigator?

Title IX Investigators are individuals who investigate sexual harassment allegations in Title IX cases. They cannot serve as decision-makers in any Title IX case. Their core responsibilities include:

  • Ensuring compliance with Title IX regulations (currently, the 2020 Title IX Regulations).
  • Gathering evidence (e.g., through interviews), determining if allegations meet Title IX standards, and providing information to the decision-maker, who determines the written outcome at the end of the grievance procedure.
  • Maintaining impartiality and avoiding conflicts of interest to ensure a fair outcome for all involved parties.

Mandatory Training Requirements for Title IX Investigators

Under the 2020 Title IX Regulations, all individuals appointed to roles within the Title IX grievance process at educational institutions are mandated to receive training. These roles include:

  • Title IX Investigators
  • Title IX Coordinators
  • Mandatory Reporters
  • Decision-Makers
  • Appellate Decision-Makers
  • Informal Resolution Facilitators

Broadly, the required training areas must include:

  • The definition of sexual harassment

    Ensuring staff understand what constitutes harassment. A key goal is to reinforce that sexual harassment is a form of sex-based discrimination, which is central to Title IX’s mission.

  • The scope of the institution’s programs

    Understanding the range of the educational programs or activities covered.

  • The grievance process

    Learning how a Title IX investigation is conducted and how the process functions, starting from the initial report and investigation through hearings and informal resolutions.

  • Impartiality

    Developing the ability to remain neutral by avoiding preconceived judgments, conflicts of interest, or bias.

Title IX Investigators and Decision-Makers require specialized additional training:

  • For Title IX Investigators

Training in report writing and focusing on relevant facts to ensure the final investigative report is a fair summary of all available evidence.

  • For Title IX Decision-Makers

Training on any assistive technology used during hearings and methods to ensure relevant questioning and evidence presentation occur.

Mandatory training for Title IX staff also benefits from:

  • Trauma-informed practices for supporting victims and utilizing effective interview techniques.
  • Understanding the scope of Title IX beyond sexual harassment.
  • Tracking the constant evolution of the Title IX regulatory and legal landscape since 1972, particularly changes since 2016.
  • Recognizing the impact of sexual violence, specifically within the context of the LGBTQ+ community

Role and Responsibilities of a Title IX Investigator

The role of a Title IX investigator during a Title IX Investigation is aligned with different stages in a Title IX investigation as follows:

  1. Pre-Investigation Steps ( Send a Notice of Investigation or Allegation)
  2. Formal Complaint Investigation (Send Interview Notices)
  3. Investigative Report and Decision-Making Process (Share Evidence with Parties, Create Investigative Report)

Let’s look at each of the roles and responsibilities of a Title IX investigation aligned with the different steps of a Title IX investigation.

Pre-Investigation Steps

The Title IX investigation involves several formal steps that must be followed, including those required before an investigation can even begin.

Notice of Investigation/Allegation (NOIA)

Before a formal investigation into a Title IX complaint starts, the Title IX investigator must send a Notice of Investigation/Allegation (NOIA) to both the Title IX Complainant (the accuser) and the Title IX Respondent (the accused). The NOIA must include the following information:

Details regarding the allegations

include the identities of the aggrieved party and the accused, the conduct at the center of the accusation, and the date and location of the alleged offense. If additional allegations arise during the investigation, the investigator must provide a new NOIA to both parties.

A “not responsible” statement

A written statement plainly stating that the accused is not presumed responsible for the alleged offense until a formal determination is made by a Title IX Decision-Maker. It is vital that the grievance process is undertaken with a presumption of innocence.

Advisor

A statement informing both the Complainant and the Respondent that they are permitted to have an advisor during the Title IX grievance process.

Formal Complaint Investigation

The Title IX grievance process begins when a formal Title IX complaint is filed. A complainant can report an incident constituting a Title IX violation to a Title IX Coordinator in person, or by mail, email, or phone.

Following this, the Title IX Investigator is engaged and sends a NOIA to both the Complainant and the Respondent. Once both parties are informed, the investigator issues interview notices.

These notices must be in writing and specify the date, time, and location of the interviews, along with the purpose and a list of attendees. It is important that the Title IX Investigator gives both parties ample time to prepare before the interview date.

Investigative Report and Decision-Making Process

Both parties in a Title IX complaint have the right to receive and review all evidence under consideration by the Title IX Investigator and, subsequently, the Decision-Maker.

Share Evidence  and Responses

Once the investigation concludes, but before the investigative report is written, the investigator must share all collected evidence with the Complainant and the Respondent. If the parties have advisors, they must also be sent copies. Evidence may be shared digitally or in hard copy.

Following this, both parties are given 10 days to review and respond to the collected evidence before the report is compiled. The Complainant and Respondent must also be informed which evidence will be considered and which will be excluded.

Create the Investigative Report

After the Complainant and Respondent have reviewed the evidence and provided responses, which the investigator may consider but is not required to use, the investigative report is prepared.

The report must summarize all relevant evidence and present it for further deliberation by the Title IX Decision-Maker(s). The investigator must not include any recommendations regarding the outcome.

Content of the Investigative Report

A Title IX Investigative Report should be thorough yet concise. The typical content of the report consists of:

  • An overview of all collected evidence: This includes who reported the incident, the nature of the conduct, witness statements, and corroborative or contradictory evidence. Rather than full transcripts, this often features narrative summaries of interviews.
  • A full timeline: A detailed chronology of the investigation and the steps taken during the grievance process.
  • Evidence analysis: An objective analysis of the collected evidence and any supplemental information.
  • Summary and findings: A conclusion of the facts without any recommendations for a final determination.

The report should maintain a consistent formatting style and writing voice, present information logically, and limit evidence to what is relevant to the analysis. All content must be presented neutrally.

Distribution of the Investigative Report

After the report is compiled, another 10-day period is provided for the Complainant and Respondent to review and respond. This must occur before a hearing can take place to determine whether the alleged conduct constitutes a Title IX violation.

Once this review period ends, a hearing is held where all relevant evidence is presented, parties may provide statements, and cross-examination occurs. Following the hearing, the Decision-Maker issues a written determination, which is shared with both parties simultaneously.

How K-Altman Law Can Help with a Title IX Investigation?

K-Altman Law provides expert guidance through the complexities of Title IX compliance and defense. Whether representing an institution or an individual, we ensure the grievance process is handled with legal precision and integrity. Our services include:

  • Independent Investigations: Serving as impartial, external investigators to eliminate bias and meet federal standards.
  • Advisor Representation: Supporting Complainants and Respondents during interviews, evidence reviews, and hearings to protect their rights.
  • Compliance Consulting: Assisting institutions in updating policies to align with the latest 2020 regulatory changes.
  • Specialized Training: Providing mandatory training for school staff on trauma-informed practices, report writing, and impartial decision-making.

By leveraging deep legal expertise, K-Altman Law ensures a fair, thorough, and legally sound resolution for all parties involved.