The Formal Title IX Resolution Process
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The Formal Title IX Resolution Process in Detail
There are three separate phases of the Formal Title IX Resolution Process, including the investigation, the hearing and the appeal phase.
1
The Investigation
Once the decision has been made to resolve the case through a formal resolution process, the Title IX Investigator will begin their investigation. Usually, the investigator will interview the Complainant, the Respondent, and any witnesses identified by either party or through the investigation. The Investigator will also gather physical evidence, such as texts, social media posts, emails, pictures, and police reports.
Once the Investigator believes they have exhausted all resources for evidence, they will compile the evidence into a Investigative Report Draft. The Draft Report is shared with both the Complainant and the Respondent for their review and comment.
2
The Hearing
Once the Investigative Report is finalized, a Title IX Hearing will be scheduled. The TIX Office makes every effort to schedule the Hearing around classes and work commitments of both parties. The Hearing is closed to everyone except the Hearing Official, the Hearing Board, Title IX Office staff, the Respondent, the Complainant, the Advisor to the Respondent, the Advisor to the Complainant, and witnesses during the actual time of their participation.
The Chair of the Hearing Board is usually a lawyer or judge contracted by the University with a great deal of experience working with Title IX cases. In cases in which the Respondent is a student, the Hearing Board is made of the Chair and two members chosen from a pool of trained students, faculty, and staff. The Chair will largely oversee the process of the Hearing. In cases where the Respondent is an employee of the University, the case is heard solely by the Chair of the Hearing Board.
Both the Complainant and the Respondent may identify a person of their choice to serve as their Advisor. If either is not able to identify an Advisor, the Title IX Office will help to secure an Advisor. An Advisor may be an attorney, but does not need to be. Their role in the Hearing is to quietly advise their party and to cross-examine the other party and any witnesses. Neither the Complainant nor the Respondent is allowed to cross-examine.
The Hearing is intended to be an administrative process and not a court of law. The Chair will ensure that questions are appropriate and will control the tone and tenor of the Hearing.
In cases in which the Respondent is a student, once the Hearing is complete, the Hearing Board will deliberate and by majority vote determine whether the Respondent is responsible or not responsible using the preponderance of evidence standard. If a finding of responsible is determined, the Board will then determine sanctions. Within 10 days, the Chair will provide the Title IX Office with a letter containing the Hearing Board's decisions and sanctions, if applicable.
In cases in which the Respondent is an employee, once the Hearing is complete, the Chair of the Hearing Board will determine whether the Respondent is responsible or not responsible using the preponderance of evidence standard. If a finding of responsible is determined, the Chair will determine sanctions. Within 10 days, the Chair will provide the Title IX Office with a letter containing the Chair's decisions and sanctions, if applicable.
3
The Appeal Process
Once the Hearing Board/Chair has made their decision and notified the Title IX Office, the Title IX Office will notify both the Complainant and the Respondent simultaneously.
The University allows both parties to appeal the outcome of the Hearing (responsible or not responsible) and any sanction imposed. To initiate an appeal, the appealing party must complete a Title IX Hearing Appeal Form within 10 days of the issuance of the hearing decision. If an appeal is filed, the appeal is shared with the other party and they are given an opportunity to respond to the appeal.
In the case that the Respondent is a student, the Title IX Office will notify the Dean of Students Office that an Appeal has been filed and the Dean or their designee will serve as the Appeal Officer. In the case that the Respondent is an employee, the Title IX Office will notify the Vice President for Human Resources that an Appeal has been filed and the Vice President or their designee will serve as the appeal officer. In both student and employee cases, the appropriate Appeal Officer will review all of the materials and make a determination. The decision of the Appeal Officer is final.
More details regarding the Title IX Appeals process for students may be found within the UofL Title IX Student Sexual Misconduct Policy and for employees may be found within the Title IX Employee Sexual Misconduct Policy.