Title IX and Beyond: Investigations

July 2015 | 0 Comments  Average 5 out of 5

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On Nov. 16, 2018, the U.S. Department of Education (ED) released proposed regulations related to Title IX that will govern how educational institutions conduct inquiries into allegations of sex discrimination, including sexual misconduct. For a summary of key changes in the new regulations and UE recommendations, please see our Insights blog.
Once ED publishes the regulations in the Federal Register, a 60-day notice and comment period will follow. ED will then review submitted comments and publish the final regulations. Because of the expected high volume of comments and anticipated court challenges, it may be a considerable time before ED implements the regulations.
In the interim, institutions can use the resources below and our summary publication for suggestions on preventing and responding to campus sexual misconduct. However, institutions should first consult with legal counsel before making any changes to their policies or practices.

About This Resource

Educational institutions must conduct sexual violence and harassment investigations in accordance with federal compliance requirements. K-12 schools and higher education institutions are responsible for the requirements under Title IX, as interpreted by the Office for Civil Rights (OCR). Higher education institutions must also comply with the Campus Sexual Violence Elimination (SaVE) Act. This checklist, part of the Title IX and Beyond series, highlights best practices for investigating sexual violence and harassment complaints. Topics addressed in the checklist include:

  • Choosing Investigators With the Necessary Training, Knowledge, and Skill Levels
  • Developing an Investigation Plan
  • Interviewing the Witnesses
  • Interviewing the Parties
  • Writing an Investigator’s Report

A sample investigator’s report is provided as an appendix to the checklist. Use the checklist and sample report to review your institution’s investigative procedures.

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