Should I Build A Record Of Evidence?

During the Title Ix process, schools will build a record of the case and make decisions on what evidence to keep in it. This record is what they will use to determine if there is enough evidence to charge the respondent. An attorney can help determine what evidence is best for the case, and what can hinder it. Though the school (administrators, campus police, public safety, investigator or other person) is collecting all the evidence, a respondent can not trust that they will keep or gather everything.

Respondents should keep their own perspective on the testimony of witnesses and submit names of witnesses that can testify for them. A respondent can also bring up evidence that may be looked over, such as social media, text messages, voicemail or other communication, any written correspondence or dormitory logs. Anything that might be considered evidence can be discussed with a knowledgeable attorney to build the strongest case possible. Since the school is building evidence from both the respondent and complainant, it is important that the accused brings all the evidence they have to their advisor, even things that may not be beneficial to them. This allows the advisor to know fully what is going on and then they can decide the best way to present what is given: emphasizing favorable evidence, and mitigating unfavorable evidence.