Title IX - Frequently Asked Questions
Questions about Title IX?
Title IX can seem complicated, but it does not have to be. Below are answers to many of the questions you might have divided into the following categories:
- Title IX Basics - Where do I start?
- Once a Title IX Formal Complaint is filed, what happens then?
- Title IX Formal Hearing, what can I expect?
- Title IX - the law and its implications
Title IX Basics – Where do I start?
Title IX of the Education Amendments of 1972 is a law that prohibits discrimination on the basis of sex in educational institutions that receive federal funding.
It applies to educational institutions, like the University of Louisville, that receive financial assistance from the United States Department of Education and is enforced by the Office for Civil Rights.
Title IX prohibits sexual harassment, more specifically:
- An employee of the university conditioning the provision of an aid, benefit or service of the university on an individual’s participation in unwelcome sexual conduct (often referred to as quid pro quo);
- Unwelcome conduct determined by a reasonable person to be so severe, pervasive and objectively offensive that it effectively denies a person equal access to the university’s education program or activity; or
- Sexual assault, dating violence, domestic violence or stalking
Anyone can report an incident or a suspected incident to Title IX, including the person to whom the conduct occurred, a person who observed the behavior or a person who heard about the behavior. Anyone can and should report if they believe there has been a case of sexual misconduct.
You can file a report directly with the Title IX Office by filing out a Title IX Report Form. You can also email the Title IX Office at titleix@louisville.edu, call 502-852-1198 or stop by the office at 202 Grawemeyer Hall. You can also contact the University of Louisville Police Department and file a report.
An Informal Report is made by filling out the Title IX Report Form or contacting the office by any other means. The Title IX Office also gets informal reports from the ULPD when a police report is filed and from other mandatory reporters across campus (most UofL employees). These informal, initial reports lets the office know that an alleged violation may have occurred. After receiving an Informal Report, the TIX Office will contact the alleged survivor (whom Title IX calls the "complainant") and set up a meeting to share supportive measures and talk about options moving forward.
One of the options is for the complainant to file a Formal Complaint. In that complaint, the complainant would supply the accused's name (Title IX calls the accused person the "respondent"), as many details about what happened as possible and the names of potential witnesses. Once the Title IX Office receives a Formal Complaint and determines that there is jurisdiction (See jurisdiction question), then they will begin an investigation. This process allows the complainant to decide whether they want the university to initiate an investigation and a resolution process. The university will usually respect the wishes of the complainant unless there is a greater danger to the university community from not proceeding.
Supportive measures are individualized services reasonably available that are nonpunitive, non-disciplinary and not unreasonably burdensome to the other party, while designed to ensure equal educational access, protect safety or deter sexual harassment. They may include the following:
- requests for academic supports, such as absence notifications for Title IX related absences;
- connection to medical care;
- connection to counseling resources;
- assistance with housing accommodations;
- assistance filing a Formal Complaint;
- assistance securing a university-wide no contact order; and
- assistance with safety concerns, such as campus escort.
The university’s selection of supportive measures and remedies should be based on what is clearly reasonable in light of the known circumstances.
You do NOT have to file a Formal Complaint to receive supportive measures, and supportive measures are offered to the complainant and the respondent, when applicable.
After receiving a report, the TIX Office will contact the person who experienced the behavior (Title IX refers to them as the "complainant") and set up a meeting to check in with them, share supportive measures and resources and talk about the university's process for handling Title IX cases, including how to file a Formal Complaint. After the initial meeting, the complainant can decide how they prefer to proceed. The university will usually respect the wishes of the complainant unless there is a greater danger to the university community from not proceeding.
With regard to Title IX, the complainant is the person who was subjected to the alleged sexual misconduct. They may or may not be the person who originally made the informal report, but will most often be the person(s) who files a Formal Complaint.
The respondent(s) is the person(s) who is accused of committing the alleged violation of Title IX.
An easy way to remember these labels is to think that the person making the complaint about behavior(s) is the complainant, and the respondent is the person responding to the complaint.
University employees - including, but not limited to, vice presidents, deans, department chairs, directors, coaches, staff, University of Louisville police officers and any contracted security personnel or any faculty member - are mandatory reporters. These employees are required to report any information of which they become aware regarding sexual misconduct, sexual harassment (includes quid pro quo and hostile environment), sexual assault, domestic violence, dating violence and stalking to the Title IX director or deputy Title IX coordinator.
The Title IX director and deputy Title IX coordinator are officials with authority to act. Officials with authority to act are those who have the authority to institute corrective measures on behalf of the university and they have an obligation to promptly respond once notified of allegations of sexual misconduct.
Complainants have the right to:
- Notify either police and/or campus authorities;
- Obtain assistance from campus authorities to notify the police; and
- Decline to notify police or campus authorities.
Retaliation (including intimidating, threatening, coercing or discrimination) against any person in response to reporting is prohibited. UofL will take steps to prevent retaliation and, should it occur, will take strong responsive action.
After the Title IX Office receives a report, a member of the Title IX Office will reach out to the identified complainant (the person who experienced the behavior) to provide resources and offer to set up a meeting.
The complainant is not required to meet with the Title IX Office. The Title IX Office will usually attempt to contact the complainant 2-3 times. However, if the complainant does not respond, the office will respect their right to privacy. Though the Title IX Office may contact the mandatory reporter to clarify details or ask questions, the Title IX Office will usually not follow up with the reporter in order to respect the privacy of the parties and in compliance with FERPA.
Yes. Supportive measures are individualized services reasonably available that are nonpunitive, non-disciplinary and not unreasonably burdensome to the other party, while designed to ensure equal educational access, protect safety or deter sexual harassment. They may include the following:
- requests for academic supports, such as absence notifications for Title IX related absences;
- connection to medical care;
- connection to counseling resources;
- assistance with housing accommodations;
- assistance filing a Formal Complaint;
- assistance securing a university-wide no contact order; and
- assistance with safety concerns, such as campus escort.
The university’s selection of supportive measures and remedies should be based on what is clearly reasonable in light of the known circumstances. Usually, supportive measures are offered in the Title IX Office's first meeting with the respondent.
Once a Title IX Formal Complaint is filed, what happens next?
The Title IX director or Title IX deputy coordinator must respond by:
- promptly contacting the complainant confidentially to discuss the availability of supportive measures;
- considering the complainant’s wishes with respect to supportive measures;
- informing the complainant of the availability of supportive measures with or without the filing of a formal complaint; and
- explaining to the complainant the process for filing a formal complaint.
Sometimes. The university may, in their discretion, facilitate an informal resolution so long as both parties give voluntary, informed, written consent to attempt informal resolution. At any time prior to agreeing to a resolution, any party has the right to withdraw from the informal resolution process and resume the Title IX process with respect to the formal complaint. However, the university will not offer and will not facilitate an informal resolution process to resolve allegations that an employee sexually harassed a student.
In a formal Title IX investigation, the investigator takes the following steps:
- Meet with the complainant.
- Meet with the respondent.
- Meet with witnesses - witnesses can be identified by either party and can be identified through interviews.
- Gather other evidence as able which could include social media posts, text messages and other information.
- The investigator provides the preliminary investigative report to both parties for review and response.
- The investigator issues a final report of the facts gathered and a statement of whether the complaint will be dismissed or proceed to a hearing.
No. The regulations explicitly prohibit taking any disciplinary action against a respondent prior to a finding of responsibility. The university must complete the investigative and hearing processes and determine if the respondent is responsible for the behavior prior to assigning disciplinary sanctions or taking any other actions against the student. The only exception to this may occur when the informal process is utilized. The informal process, by definition, occurs in lieu of the hearing process.
No. If the allegations in a formal complaint do not meet the definition of sexual harassment or did not occur in the university’s education program or activity against a person in the United States, the regulations require that the university must dismiss such allegations for purposes of Title IX. The university may still address the allegations under other policies or rules, such as the Student Code of Conduct, in any manner the university deems appropriate, but Title IX would not apply.
No. Either the complainant or the Title IX director determines whether the report of sexual harassment is to be investigated. A complainant’s wishes regarding whether the school investigates should be respected. However. there are occasionally circumstances in which the Title IX director determines that signing a formal complaint to initiate a university investigation over the wishes of the complainant is in the best interest of the university community.
Title IX formal hearings, what can I expect?
No. Title IX hearings are administrative hearings and not a court of law. There is a hearing panel, made up of a hearing officer (usually a judge or lawyer from outside of the university with a lot of experience with Title IX cases) and two panel members, who are faculty and/or staff members who have volunteered and been trained to serve in this role.
Both the complainant and the respondent have advisors who ask questions on their behalf. While advisors may be attorneys, they are not required to be. The hearing officer, the hearing panelists and the advisors are the only ones who can question the complainant, the respondent and any witnesses. The hearing officer also ensures that questions asked by advisors are appropriate and there are no movie dramatics during the hearing.
Yes, but only through the party’s advisor. Each party’s advisor may cross examine the opposing party and all witnesses.
The only people who can attend a Title IX hearing are:
- The complainant and their advisor;
- The respondent and their advisor;
- The hearing officer and the hearing panel;
- The Title IX Office designee; and
- Witnesses - only when giving their testimony.
No. A barrier is usually put up within the hearing room so the complainant and the respondent do not have to face one another. Additionally, the 2020 Title IX Regulations stipulated that only advisors could cross examine each of the parties and witnesses, so the complainant and respondent do not speak to one another during the hearing.
No. Usually the hearing panel meets later to make a determination and the hearing officer will develop a report which will later be made available to both parties.
Yes. The university must offer both parties an appeal from a determination regarding responsibility, and from the university’s dismissal of a formal complaint or any allegations therein, on the following bases:
- Procedural irregularity that affected the outcome of the matter;
- Newly discovered evidence that could affect the outcome of the matter; and/or
- Title IX personnel had a conflict of interest or bias, that affected the outcome of the matter.
The university may offer an appeal equally to both parties on additional bases.
Title IX - Questions about the law and its implications
Title IX of the Education Amendments of 1972 is a law that prohibits discrimination on the basis of sex in educational institutions that receive federal funding.
It applies to educational institutions, like the University of Louisville, that receive financial assistance from the United States Department of Education and is enforced by the Office for Civil Rights.
- Applies to employees and students.
- Adds jurisdiction boundaries.
- Adds “must” and “may” dismiss criteria for complaints.
- Changes the role of the advisor:
- Advisor may accompany their party in the investigation portion.
- Advisor (but not complainant) is allowed to cross-examine opposing party.
- Changes the hearing process:
- Requires live hearings (hearings may be virtual).
- Cross-examination of parties allowed only by advisor of opposing party.
- Presiding hearing official will make determinations of relevancy for questions posed by advisors.
- Requires extensive training:
- Training content must be posted on the Title IX website.
Any person in the United States who is involved in an educational program or activity that receives Federal financial assistance.
Sexual harassment means conduct on the basis of sex that satisfies one or more of the following:
- An employee of the university conditioning the provision of an aid, benefit or service of the university on an individual’s participation in unwelcome sexual conduct (often referred to as quid pro quo);
- Unwelcome conduct determined by a reasonable person to be so severe, pervasive and objectively offensive that it effectively denies a person equal access to the university’s education program or activity; or
- Sexual assault, dating violence, domestic violence or stalking
Quid pro quo harassment is defined as an employee of the university conditioning the provision of an aid, benefit or service of the recipient on an individual’s participation in unwelcome sexual conduct.
This type of harassment occurs if a faculty or staff member conditions an educational decision or benefit on another faculty, staff member or student's submission to unwelcome sexual conduct. Whether the faculty, staff member or student resists and suffers the threatened harm or submits and avoids the threatened harm, they have been treated differently or their ability to participate in or benefit from the university’s program has been denied or limited, on the basis of sex in violation of the Title IX regulations.
For example, when a benefit (including good grades, promotions, etc.), or avoiding a consequence (bad grades, demotion, etc.), explicitly or implicitly depends upon a person’s agreeing to sexual advances or requests for dates/sexual favors, etc., quid pro quo harassment has occurred.
Once the university has actual knowledge of an alleged violation, jurisdiction under Title IX requires that the prohibited action occur:
- Against a person within the United States; and
- Within the university’s education programs or activities including locations, events or circumstances over which the university exercises substantial control over the respondent and the context in which the sexual misconduct occurs. This includes any building(s) owned or controlled by a student organization that is officially recognized by the university.
The Title IX coordinator and/or the deputy Title IX coordinator must evaluate each formal complaint that is filed to determine whether it meets the jurisdictional requirements to proceed through the formal Title IX investigative process.
Must Dismiss:
The university is required to dismiss the formal complaint for purposes of this policy if at any point the institution determines that the conduct alleged in the complaint:
- Would not constitute sexual misconduct as defined in this policy, even if proved;
- Did not occur in the university’s education program or activity; or
- Did not occur against a person in the United States (a person can be anyone including non-citizens).
For complaints again students, the university reserves the right to address the alleged conduct in a dismissed complaint utilizing the Code of Student Conduct or other policies, as applicable.
May Dismiss:
The university may dismiss the formal complaint or any allegations therein, if at any time during the investigation or hearing:
- A complainant notifies the Title IX coordinator in writing that the complainant would like to withdraw the formal complaint or any allegations therein;
- The respondent is no longer enrolled or employed by the university; or
- Or specific circumstances prevent the recipient from gathering evidence sufficient to reach a determination as to the formal complaint or allegations therein.