Page 30 - AASBO EDGE Winter 2023
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Title IX and Sexual Harassment in Schools
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ensure that the complainant has continued access • The coordinator must also assign an
to educational activities in an environment in unbiased, Title IX-trained investigator to
which he or she feels safe and secure. collect evidence, or the coordinator must
conduct the investigation him- or herself. A
The Title IX coordinator must also explain to Title IX–trained decision-maker must also be
the complainant the formal grievance process. assigned to review evidence or conduct one
This process begins with the fling of a formal or more hearings, followed by issuance of
complaint — though the complainant is not an impartial final determination in writing,
obligated to file such a complaint and should along with any sanctions as appropriate.
be informed of this as well. If he or she chooses (Note that the investigator and decision-
to go ahead with a formal complaint, it must maker may not be the same person.)
be documented, typically lodged in the form of
a written or electronic document that alleges • The investigation should be thought of —
sexual harassment by a particular respondent or and conducted — as an evidence-gathering
respondents and requests that the school or college exercise rather than a fact-finding exercise.
investigate the allegation. Determinations of fact are reserved for the
decision-maker.
Filing of a formal complaint triggers an
investigation (discussed further below) — unless, • At the conclusion of the grievance process,
per circumstances described in the regulations, the the decision-maker’s determination must be
institution does not have jurisdiction or there are provided to both parties in writing and must
legal grounds for immediate dismissal. During the include an explanation of how and why the
course of the investigation, the respondent must determination was made.
be presumed not to have engaged in the alleged
conduct. This presumption reflects an overall • Both parties must be offered an opportunity
commitment to fairness as part of the grievance to appeal on the grounds of a procedural
process. Other elements of that commitment irregularity that affected the outcome of the
include the following: matter, newly discovered evidence that could
affect the outcome, and/or an allegation of
• Upon receiving a complaint, the Title IX Title IX personnel having a bias or conflict
coordinator must give both parties written of interest that affected the outcome.
notice of the allegations and apprise both of
their right to: (a) choose an adviser to assist • Finally, the educational institution must
them during the investigation (each party effectively, fairly implement remedies if
chooses his or her own adviser, who may be a respondent is found liable for sexual
but need not be an attorney); and (b) submit harassment.
and review evidence.
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30 THE EDGE WINTER 2022-2023
