Do I Need to Understand My School’s Title IX Disciplinary Process?
A student cannot expect to succeed in a Title IX process without good knowledge of their individual school and codes. Since schools can vary in their procedures, what works for one campus may not for another. Students should immediately familiarize themselves with their school’s particular Title IX processes and procedures. This is available in the student handbook, the code of conduct, or in separate Title IX provisions. They should learn their rights and responsibilities within their school’s processes, and what limitations they face in due process. Doing this will allow the student to understand the Title IX model and what they can expect during their investigation, the hearings, and any other proceedings. The following are examples of the common models that a student may face:
The traditional disciplinary hearing model:
In this model, the investigation will take place separately from the determination stage of the proceedings. The investigation can be carried out by campus police, public safety, any other person appoint to the matter, or any combination of the three. If the investigation concludes that Title IX charges need to be sought, then the respondent will have a chance to present evidence and witnesses before a disciplinary panel or officer. If the respondent is found to be guilty, then that panel or officer will impose sanctions and disciplinary actions as necessary.
The single investigator model:
Either a school employee or a hired investigator will conduct the Title IX investigation. They will weigh the evidence and witness testimonies, and then decide appropriate discipline.
The blended model:
Schools may blend the two methods together and use a single investigator to examine the evidence, but then they make their recommended course of action to a disciplinary panel. The panel will ultimately decide to accept or reject the findings.