What Happens Next? The Title IX Resolution Process
Once an Informal Title IX Report has been received...
The Title IX Office will contact the complainant to set up a meeting to share resources, provide supportive measures and discuss options moving forward, including the possibility of filing a Formal Complaint to initiate the investigation process.
To file a Formal Complaint or not to file a Formal Complaint?
While an Informal Report could be submitted by anyone and notifies the university that misconduct may have occurred, a Formal Complaint is a signed document by a complainant requesting an official investigation and resolution process. It is usually the complainant's choice whether to move forward with a Formal Complaint or not.
No Formal Complaint
The complainant does not have to decide whether to move forward with a Formal Complaint at the initial meeting. Deciding whether to pursue a Title IX case is a highly personal decision and may take time.
If the complainant decides not to file a Formal Complaint, usually the case will be closed; however, the complainant may change their mind at a later date and the case can be reopened. The complainant will have access to supportive measures regardless of whether a Formal Complaint is filed or not.
While the university prefers to follow the wishes of the complainant with regard to a Formal Complaint, there are rare occasions when the university will decide to file a university-initiated Formal Complaint if there may be a danger to the university community.
A Formal Complaint is Filed
Once a Formal Complaint is filed, the Title IX Office will determine whether there is Title IX jurisdiction. For TIX jurisdiction, the alleged conduct must:
- Constitute sexual misconduct as defined in the Sexual Misconduct Policy;
- Have occurred in the university's education program or activity; and
- Occur against a person in the United States.
If there is TIX jurisdiction, the office will seek the general counsel's certification for proceeding with an investigation. Once the general counsel's certification is received, the office will develop a Notice of Allegations outlining the behavior alleged and send it to both the complainant and respondent.
Choosing between the Informal and the Formal Title IX Resolution Process
Once the Formal Complaint is received, the Title IX Office will meet with the complainant and the respondent individually. In those meetings, the parties will be asked if they would prefer to proceed with an Informal Process or a Formal Process. However, in order to proceed with the Informal Process, the Title IX director must also give approval.
Informal Resolution Process
In order to resolve the complaint with an Informal Process, the complainant, the respondent and the Title IX director must all agree to the Informal Process. In the Informal Process there is no investigation and no hearing, and as a result, no finding of responsibility on behalf of the respondent. However, in the Informal Process the parties can agree to terms, such as No Contact Orders or geographical restrictions, that may allow them to resolve the complaint informally. Once they have agreed and signed their Informal Process Agreement, the case is considered successfully resolved.
If the parties are unable to agree to informal resolution terms, then the case reverts to the Formal Resolution Process.
The Informal Process is not an option when an employee is accused of sexual misconduct toward a student and is seldom approved in more severe misconduct cases.
Formal Resolution Process
Once the Notice of Allegations is sent to both parties, the Title IX Office will begin their investigation. In the investigation, the Title IX Office will interview both parties and any witnesses identified. The investigator will also collect any physical evidence, such as texts or social media posts.
Once the investigation is complete, the investigator will develop a draft of an Investigative Report, sharing their findings from the investigation. This report will be shared with both parties for their review and comment.