Conducting Orderly and Accountable Title IX Investigations

It is the morning after the big game and the administrative team has just sat down to review individual emails received the previous night. One email from a parent is deeply concerning; it is addressed to the coach, athletic director and principal with allegations that the parent’s daughter, a player on the team, is experiencing sexual harassment. The rest of the email content has a variety of details that could be any number of violations, but with just the initial details above, the school must fully investigate any sexual harassment or misconduct allegations to fulfill the requirements of Title IX.

Historical Foundations and Intent
When Title IX was first signed into law on June 23, 1972, it clarified that all students and employees must be able to participate in an environment that is free of discrimination based on sex. It was intended to foster a culture that valued the participation of everyone, prohibit sexual discrimination from federally funded programs, and increase opportunities for the historically under-represented gender – female students – so that everyone could participate in school sports and activities. More than 50 years later, it has positively changed the landscape of high schools, but school leaders must remain vigilant to identify and address any gender-based discrimination as it arises.

The reality is that sexual discrimination still exists in our society, and schools are charged with creating the safest environment possible for all students. For schools to be successful, leaders need to take steps to educate students and staff to prevent discrimination from occurring, be impartial by working with the school’s designated Title IX coordinator to address and investigate issues that arise and share solutions, and investigate findings so that future instances do not occur. In short, when it comes to sexual harassment in schools, schools are required to stop, prevent and remedy any incidents of sexual harassment. When schools follow the legal guidelines of Title IX, they are more likely to create inclusive environments that are safe for everyone.

Preventing Harassment at Schools
The best way to prevent a Title IX violation from occurring is to educate all school partners about expectations of making sure everyone is protected from discrimination. School leaders need to devote time to meeting with parents, staff and students to explain the importance of a harassment-free environment. Schools should solicit support and guidance from the school’s legal counsel to further educate all parties.

Particular attention should be given to fictional scenarios, like the one above, and explain the importance of appropriate vocabulary. Regardless of intent, if a student reports that they felt uncomfortable with an action or language that could be interpreted as sexually harassing or demeaning, school leaders must not only investigate but provide appropriate guidance and correction so that future incidents do not occur. Furthermore, schools are tasked with protecting all students, including those students who may report and fear retaliation. Retaliation by law in any form is prohibited.

Title IX training can be provided in a variety of formats including staff, coach, parent and student meetings, and there are several resources available to prepare for presentations. Examples can be found from a variety of sources including local, state and college websites with the search terms, “definitions and examples of Title IX violations.” In addition, the U.S. Department of Education has resources including a frequently asked questions (FAQs) page that can be shared with school partners and accessed here.

Determination and Investigation of a Title IX Incident
Once school leaders believe they have identified a potential Title IX violation, they must then follow the protocols listed in the Title IX regulations. One of the first steps is to notify and work with the school site’s designated Title IX coordinator. Each school must annually designate and post the name of the individual responsible for implementing and overseeing all areas of Title IX compliance in the school.

The timing of investigations is important, and schools are required to address any complaints with expedience. Investigations are to be thorough, reliable and impartial. Schools must notify the complainant and the respondent of the investigation and set forth a reasonable timeframe to work toward a resolution.

It is important to gather statements from everyone with knowledge of the incident so that school leaders can objectively verify what occurred. In addition, it is important to understand that the school is tasked with providing enough evidence to prove or disprove any claims and make available evidence collected to both the complainant and the respondent to ensure transparency.

Reviewing Incident Data and Proposing Resolutions
After all the facts are gathered, meetings must be scheduled with the complainant and the respondent to present to both parties and verify that no corrections are needed. In some cases, these meetings may offer additional leads, and further clarification may be necessary with additional interviews of various parties familiar with the incident.

It is also during this meeting that school leaders can propose informal resolutions. The focus of resolutions should address the original concerns and do so in a way that improves the environment for everyone. In addition, there may also be a need to implement supportive measures for both the complainant and the respondent at this time.

Equally important is that resolutions must include follow-up steps. School leaders need to check in with both the complainant and the respondent to ensure that resolutions are working and to ensure that everyone is free from harassment. During these checkins, leaders can demonstrate empathy and practice open lines of communication so that everyone is seen as a partner in creating safe environments.

Final Thoughts
Not all Title IX investigations will end positively, but school leaders are tasked with ensuring safe environments. Federal courts have defined the mission of schools as: to educate all students with the emphasis on all; to provide a safe and orderly environment for students to learn in, and; to protect the health, safety and welfare of all students. Schools must not only educate all students; schools must also protect and keep students safe and free from all forms of harassment.