Page 9 - Title_IX_Toolkit

A K-12 ADMINISTRATOR’S GUIDE TO PROCESSING AND INVESTIGATING
STUDENT COMPLAINTS OF SEX AND GENDER-BASED DISCRIMINATION AND
SEXUAL HARASSMENT (INCLUDING SEXUAL VIOLENCE) UNDER TITLE IX*

Conduct the Investigation

Reminder: All Title IX Complaints Must Be Resolved in a Prompt and Equitable Manner.**
The following procedure is recommended for processing complaints filed by or on behalf of a student:

Step 1. Assess the Situation - Immediately
1. Assess whether the situation could rise to the level of sexual harassment under Title IX.
> If true, would the alleged conduct meet the definition of sexual harassment or gender discrimination
under Title IX?
> Is there Title IX jurisdiction?
2. Notify the Title IX Coordinator of the complaint or incident that was brought to your attention. The Title IX
Coordinator should then:
> Promptly schedule a meeting with the victim.
> Meet with the complainant/victim to better understand the complaint and if it rises to the level of sexual
harassment under Title IX.
> Explain options for filing a formal complaint.
> Discuss supportive measures.
> Discuss District policy that prohibits retaliation.
3. On an ongoing basis, the Title IX Coordinator should determine whether a complaint constitutes a “formal
complaint” under Title IX, if it meets the definition of “sexual harassment” under Title IX, if there is Title IX
jurisdiction, and/or if there are other reason that it must or should be formally dismissed.
4. Title IX Coordinator should assess whether to independently initiate a formal complaint if one is not filed
by the complainant/victim.
5. Assess mandatory reporting obligations.
> If there is a reasonable suspicion of child abuse or neglect, call Child Protective Services immediately
and file a written report within 36 hours, if not already done.
> Consider contacting law enforcement, if there is potential criminal activity.
> Notify the complainant of their right to contact law enforcement.
6. Consider whether the accused should be removed from school grounds.
> For complaints involving employees, if the employee is a danger to others, or should otherwise not be
on school grounds, contact Human Resources regarding placement on administrative leave while the
investigation is pending.
> For complaints involving other students, if the student is an immediate threat to the physical health or
safety of others, assess if an emergency removal is permissible under Title IX.
7. Determine whether the parents of the involved or potentially affected students should be notified.

Step 2. Evaluate Appropriate Supportive Measures – Immediately and on an Ongoing Basis
1. The Title IX Coordinator should determine whether supportive measures should be put into place, before
the investigation is completed, to protect or support the complainant and/or respondent. Supportive

* These guidelines provide a quick desk reference for local educational agencies (“LEAs”) to use in addressing Title IX complaints at the site level. LEAs should review their own
Title IX policies and adopt practices in accordance with those terms. This is not an exhaustive summary of applicable law and should not be construed as legal advice.
** LEAs should refer to their individual complaint procedures for applicable timelines. Under the Uniform Complaint Procedures, complaints must be investigated and a
decision must be issued within 60 calendar days from receipt of the complaint, unless the complainant agrees in writing to an extension of the timeline. (See 5 CCR § 4631.)
Title IX Complaints LozanoSmith.com 9